Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Termination of Investigation on the Basis of Settlement, 16035-16036 [2019-07661]

Download as PDF amozie on DSK9F9SC42PROD with NOTICES Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of ICON Health & Fitness, Inc. on April 11, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain cardiostrength training magnetic-resistance cable exercise machines and components thereof. The complaint names as respondents: Nautilus, Inc. of Vancouver, WA; and ZheJiang Lixuan Health Technology Co., Ltd. a/k/a Zhejiang Arcanapower Health Technology Co., Ltd. a/k/a Arcana Power Co., Ltd. of China. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, complainant’s licensees, and/or third VerDate Sep<11>2014 18:23 Apr 16, 2019 Jkt 247001 party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues should be filed no later than by close of business nine calendar days after the date of publication of this notice in the Federal Register. Complainant may file a reply to any written submission no later than the date on which complainant’s reply would be due under § 210.8(c)(2) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(c)(2)). Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3380’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 16035 developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel 2, solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: April 12, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–07676 Filed 4–16–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1136] Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Termination of Investigation on the Basis of Settlement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 10), granting a joint motion to terminate the investigation on the basis of settlement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov E:\FR\FM\17APN1.SGM 17APN1 16036 Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on (202) 205–1810. The Commission instituted this investigation on October 12, 2018, based on a complaint filed by Fisher & Paykel Healthcare Limited of Auckland, New Zealand (‘‘F&P’’). 83 FR 51705 (Oct. 12, 2018). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 in the importation, sale for importation, and the sale within the United States after importation of certain obstructive sleep apnea treatment mask systems and components thereof by reason of the infringement of certain claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. The notice of investigation named as respondents ResMed Corp. and ResMed Inc., both of San Diego, California; and ResMed Limited of Bella Vista, Australia (collectively, ‘‘ResMed’’). The Office of Unfair Import Investigations did not participate in this investigation. On February 22, 2019, the parties jointly moved to terminate the investigation based upon settlement. On March 18, 2019, the presiding ALJ granted the motion as the subject ID (Order No. 10). The ID finds that the motion complies with Commission Rule 210.21, see 19 CFR 210.21(a)–(b), and that the settlement agreement will not adversely affect the public interest, 19 CFR 210.50(b)(2). ID at 1–2. SUPPLEMENTARY INFORMATION: No petitions for review of the ID were filed. The Commission has determined not to review the ID. amozie on DSK9F9SC42PROD with NOTICES The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: April 11, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–07661 Filed 4–16–19; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 18:23 Apr 16, 2019 Jkt 247001 INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain LED Packages Containing PFS Phosphor and Products Containing Same, DN 3379; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov . The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Current Lighting Solutions, LLC, General Electric Co., and Consumer Lighting (U.S.), LLC d/b/a GE Lighting on April 11, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain LED packages containing PFS phosphor and products containing same. The complaint names as SUMMARY: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 respondents: Cree, Inc. of Durham, NC; Cree Hong Kong Ltd. of Hong Kong; and Cree Huizhou Solid State Lighting Co. Ltd. of China. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues should be filed no later than by close of business nine calendar days after the date of publication of this notice in the Federal Register. Complainant may file a reply to any written submission no E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16035-16036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07661]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1136]


Certain Obstructive Sleep Apnea Treatment Mask Systems and 
Components Thereof; Termination of Investigation on the Basis of 
Settlement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 10), 
granting a joint motion to terminate the investigation on the basis of 
settlement. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General

[[Page 16036]]

information concerning the Commission may also be obtained by accessing 
its internet server at https://www.usitc.gov. The public record for 
this investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 12, 2018, based on a complaint filed by Fisher & Paykel 
Healthcare Limited of Auckland, New Zealand (``F&P''). 83 FR 51705 
(Oct. 12, 2018). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 in the importation, sale 
for importation, and the sale within the United States after 
importation of certain obstructive sleep apnea treatment mask systems 
and components thereof by reason of the infringement of certain claims 
of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 
9,974,914. The notice of investigation named as respondents ResMed 
Corp. and ResMed Inc., both of San Diego, California; and ResMed 
Limited of Bella Vista, Australia (collectively, ``ResMed''). The 
Office of Unfair Import Investigations did not participate in this 
investigation.
    On February 22, 2019, the parties jointly moved to terminate the 
investigation based upon settlement.
    On March 18, 2019, the presiding ALJ granted the motion as the 
subject ID (Order No. 10). The ID finds that the motion complies with 
Commission Rule 210.21, see 19 CFR 210.21(a)-(b), and that the 
settlement agreement will not adversely affect the public interest, 19 
CFR 210.50(b)(2). ID at 1-2.

    No petitions for review of the ID were filed.
    The Commission has determined not to review the ID.

    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: April 11, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-07661 Filed 4-16-19; 8:45 am]
 BILLING CODE 7020-02-P