Carburetors and Products Containing Such Carburetors; Notice of a Commission Determination Not To Review an Initial Determination Granting In-Part a Motion for Leave To Amend the Complaint and Notice of Investigation, 24181-24182 [2019-10852]
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Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Notices
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 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
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: May 20, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–10847 Filed 5–23–19; 8:45 am]
khammond on DSKBBV9HB2PROD with NOTICES
BILLING CODE 7020–02–P
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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18:10 May 23, 2019
Jkt 247001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1123]
Carburetors and Products Containing
Such Carburetors; Notice of a
Commission Determination Not To
Review an Initial Determination
Granting In-Part a Motion for Leave To
Amend the Complaint and Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 50) of the presiding
administrative law judge (‘‘ALJ’’),
granting in-part complainant’s
unopposed motion for leave to amend
the complaint and notice of
investigation to (1) substitute Huayi
Mechanical and Electrical Co., Ltd. for
originally named respondent Huayi
Carburetor Factory, and update the
corresponding address; (2) correct the
corporate name of respondent Cabela’s
Incorporated to Cabela’s LLC; and (3)
substitute Techtronic Industries
(Dongguan) Co. Ltd. for the named
respondent Techtronic Industries Co.
Ltd. of Hong Kong d/b/a Techtronic
Industries Power Equipment.
FOR FURTHER INFORMATION CONTACT:
Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2737. 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
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’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on July 20, 2018, based on a complaint,
as supplemented, filed on behalf of
Walbro, LLC of Tucson, Arizona
(‘‘Complainant’’). 83 FR 34,614 (July 20,
SUMMARY:
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
24181
2018). The complaint, as supplemented,
alleges violations of Section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain carburetors and
products containing such carburetors by
reason of infringement of one or more of
U.S. Patent Nos. 6,394,424; 6,439,547;
6,533,254; 6,540,212; and 7,070,173.
The complaint further alleges that an
industry in the United States exists as
required by section 337. The notice of
investigation named numerous
respondents, including Huayi
Carburetor Factory of Chongqinq, China,
Cabela’s Incorporated of Sidney,
Nebraska, and Techtronics Industries
Co. Ltd of Hong Kong d/b/a Techtronic
Industries Power Equipment of Hong
Kong. The Office of Unfair Import
Investigations (‘‘OUII’’) was named as a
party in this investigation.
On March 14, 2019, Complainant filed
an unopposed motion to amend the
complaint and Notice of Investigate to:
(1) Substitute ‘‘Huayi Mechanical and
Electrical Co., Ltd.’’ for originally
named respondent ‘‘Huayi Carburetor
Factory,’’ and update the address
accordingly to ‘‘No.32, Xinghuo
Industrial Zone, Fuding City, Fujian
Province 355200, P.R. China’’; (2)
correct the corporate name of
respondent ‘‘Cabela’s Incorporated’’ to
‘‘Cabela’s LLC’’; (3) substitute
‘‘Techtronic Industries (Dongguan) Co.
Ltd.’’ for named respondent
‘‘Techtronics Industries Co. Ltd of Hong
Kong d/b/a Techtronic Industries Power
Equipment;’’ and (4) update contact
information for Complainant’s counsel.
On March 25, 2019, OUII filed a
response supporting the motion in-part.
On April 25, 2019, the ALJ issued
Order No. 50. Order No. 50 finds that
‘‘good cause exists for amending the
complaint to change the names of
Cabela’s Incorporated and to substitute
Respondents Huayi Mechanical and
Electrical Co. Ltd. and Techtronic
Industries (Dongguan) Co. Ltd. for
Respondents Huayi Carburetor Factory,
and Techtronic Industries Co. Ltd. of
Hong Kong d/b/a Techtronic Industries
Power Equipment.’’ Order No. 50 at 2.
The ALJ further finds that ‘‘amending
the Complaint and Notice of
Investigation to reflect the proper names
of the Respondents will aid in the
development of the Investigation and is
necessary to avoid prejudicing the
public interest and rights of the parties
to the Investigation.’’ Id. However, the
ALJ declined to grant the motion with
respect to Complainant’s request to
change counsel’s address as that change
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24182
Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Notices
is made normally through a notice of
appearance. Id. No party petitioned for
review.
The Commission has determined not
to review the ID. The notice of
investigation and complaint are
amended.
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: May 20, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–10852 Filed 5–23–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1106]
Certain Toner Cartridges and
Components Thereof; Notice of a
Commission Determination To Affirm
an Initial Determination Granting
Respondents’ Motions for Summary
Determination of Non-Infringement;
Finding of No Violation of Section 337;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to affirm
the initial determination (‘‘ID’’) (Order
No. 40) of the presiding administrative
law judge (‘‘ALJ’’) granting certain
respondents’ respective motions for
summary determination of noninfringement. Accordingly, the
Commission has determined to find no
violation of section 337. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2310. 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
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
khammond on DSKBBV9HB2PROD with NOTICES
SUMMARY:
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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’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on March 29, 2018, based on a
complaint filed on behalf of Canon Inc.
of Tokyo, Japan; Canon U.S.A. Inc. of
Melville, New York; and Canon
Virginia, Inc. of Newport News, Virginia
(collectively, ‘‘Canon’’). 83 FR 13516–
17. The complaint alleges violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based upon the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain toner cartridges and components
thereof by reason of infringement of
certain claims of U.S. Patent Nos.
9,746,826; 9,836,026; 9,841,727 (‘‘the
’727 patent’’); 9,841,728 (‘‘the ’728
patent’’); 9,841,729; 9,857,764;
9,857,765; 9,869,960; and 9,874,846.
The Commission’s notice of
investigation named numerous
respondents, including: Ninestar
Corporation and Ninestar Image Tech
Limited, both of Guangdong, China;
Ninestar Technology Company, Ltd. of
City of Industry, California; and Static
Control Components, Inc. of Stanford,
North Carolina (collectively,
‘‘Ninestar’’); Print-Rite N.A., Inc. of La
Vergne, Tennessee; Union Technology
International (M.C.O.) Co. Ltd. of
Rodrigues, Macau; Print-Rite Unicorn
Image Products Co. Ltd. of Zhuhai,
China; The Supplies Guys, Inc. of
Lancaster, Pennsylvania; and LD
Products, Inc. of Long Beach, California
(collectively, ‘‘Print-Rite’’); and Aster
Graphics, Inc. of Placentia, California;
Aster Graphics Co., Ltd. of Guangdong,
China; and Jiangxi Yibo E-tech Co., Ltd.
of Jiangxi, China (collectively, ‘‘Aster’’;
all collectively, ‘‘the active
respondents’’). The Office of Unfair
Import Investigations (‘‘OUII’’) is also a
party to the investigation. The ’727 and
’728 patents have been terminated from
the investigation. See Order No. 18
(June 28, 2018), unreviewed by Comm’n
Notice (July 23, 2018).
All other respondents have been
found in default or terminated from the
investigation based on withdrawal of
Canon’s allegations as to those
respondents. See, e.g., Order No. 11
(May 2, 2018) (ID finding eleven
respondents in default); unreviewed by
Comm’n Notice (May 23, 2018); Order
PO 00000
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Fmt 4703
Sfmt 4703
No. 30 (Oct. 22, 2018) (ID terminating
the investigation as to a single
respondent); unreviewed by Comm’n
Notice (Nov. 19, 2018). Specifically, the
following thirty-five respondents have
been found in default: Arlington
Industries, Inc. of Waukegan, Illinois;
Ourway US Inc. of City of Industry,
California; Print After Print, Inc. d/b/a
OutOfToner.com of Phoenix, Arizona;
GPC Trading Co. Limited d/b/a GPC
Image of Kowloon, Hong Kong; ACM
Technologies, Inc. of Corona, California;
Ourway Image Tech. Co., Ltd., Ourway
Image Co., Ltd., and Zhuhai Aowei
Electronics Co., Ltd., all of Zhuhai,
China; Acecom, Inc.—San Antonio d/b/
a InkSell.com of San Antonio, Texas;
Bluedog Distribution Inc. of Hollywood,
Florida; i8 International, Inc. d/b/a
Ink4Work.com of City of Industry,
California; Ink Technologies Printer
Supplies, LLC of Dayton, Ohio; Linkyo
Corp. d/b/a SuperMediaStore.com of La
Puente, California; CLT Computers, Inc.
d/b/a Multiwave and MWave of Walnut,
California; Imaging Supplies Investors,
LLC d/b/a SuppliesOutlet.com,
SuppliesWholesalers.com, and
OnlineTechStores.com of Reno, Nevada;
Online Tech Stores, LLC d/b/a
SuppliesOutlet.com,
SuppliesWholesalers.com, and
OnlineTechStores.com of Grand Rapids,
Michigan; Fairland, LLC d/b/a ProPrint
of Anaheim Hills, California; 9010–8077
Quebec Inc. d/b/a Zeetoner of Quebec,
Canada; World Class Ink Supply, Inc. of
Woodbury, New Jersey; EIS Office
Solutions, Inc. and Zinyaw LLC d/b/a
TonerPirate.com, both of Houston,
Texas; eReplacements, LLC of
Grapevine, Texas; Garvey’s Office
Products, Inc. of Niles, Illinois; Master
Print Supplies, Inc. d/b/a HQ Products
of Burlingame, California; Reliable
Imaging Computer Products, Inc. of
Northridge, California; Frontier Imaging
Inc. of Compton, California; Hong Kong
BoZe Company Limited d/b/a Greensky
of New Kowloon, Hong Kong; Apex
Excel Limited d/b/a ShopAt247 of
Rowland Heights, California; Billiontree
Technology USA Inc. d/b/a Toner
Kingdom of City of Industry, California;
Kuhlmann Enterprises, Inc. d/b/a
Precision Roller of Phoenix, Arizona;
FTrade Inc. d/b/a ValueToner of Staten
Island, New York; V4INK, Inc. of
Ontario, California; Do It Wiser LLC d/
b/a Image Toner of Alpharetta, Georgia;
Global Cartridges of Burlingame,
California; and Kingway Image Co., Ltd.
d/b/a Zhu Hai Kingway Image Co., Ltd.
of Zhuhai, China.
On November 28, 2018, Print-Rite and
Aster each moved for summary
determination that their respective
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]]>Agencies
[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24181-24182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10852]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1123]
Carburetors and Products Containing Such Carburetors; Notice of a
Commission Determination Not To Review an Initial Determination
Granting In-Part a Motion for Leave To Amend the Complaint and Notice
of Investigation
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 an initial determination
(``ID'') (Order No. 50) of the presiding administrative law judge
(``ALJ''), granting in-part complainant's unopposed motion for leave to
amend the complaint and notice of investigation to (1) substitute Huayi
Mechanical and Electrical Co., Ltd. for originally named respondent
Huayi Carburetor Factory, and update the corresponding address; (2)
correct the corporate name of respondent Cabela's Incorporated to
Cabela's LLC; and (3) substitute Techtronic Industries (Dongguan) Co.
Ltd. for the named respondent Techtronic Industries Co. Ltd. of Hong
Kong d/b/a Techtronic Industries Power Equipment.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 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's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on July 20, 2018, based on a complaint, as supplemented, filed on
behalf of Walbro, LLC of Tucson, Arizona (``Complainant''). 83 FR
34,614 (July 20, 2018). The complaint, as supplemented, alleges
violations of Section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain carburetors and products containing
such carburetors by reason of infringement of one or more of U.S.
Patent Nos. 6,394,424; 6,439,547; 6,533,254; 6,540,212; and 7,070,173.
The complaint further alleges that an industry in the United States
exists as required by section 337. The notice of investigation named
numerous respondents, including Huayi Carburetor Factory of Chongqinq,
China, Cabela's Incorporated of Sidney, Nebraska, and Techtronics
Industries Co. Ltd of Hong Kong d/b/a Techtronic Industries Power
Equipment of Hong Kong. The Office of Unfair Import Investigations
(``OUII'') was named as a party in this investigation.
On March 14, 2019, Complainant filed an unopposed motion to amend
the complaint and Notice of Investigate to: (1) Substitute ``Huayi
Mechanical and Electrical Co., Ltd.'' for originally named respondent
``Huayi Carburetor Factory,'' and update the address accordingly to
``No.32, Xinghuo Industrial Zone, Fuding City, Fujian Province 355200,
P.R. China''; (2) correct the corporate name of respondent ``Cabela's
Incorporated'' to ``Cabela's LLC''; (3) substitute ``Techtronic
Industries (Dongguan) Co. Ltd.'' for named respondent ``Techtronics
Industries Co. Ltd of Hong Kong d/b/a Techtronic Industries Power
Equipment;'' and (4) update contact information for Complainant's
counsel. On March 25, 2019, OUII filed a response supporting the motion
in-part.
On April 25, 2019, the ALJ issued Order No. 50. Order No. 50 finds
that ``good cause exists for amending the complaint to change the names
of Cabela's Incorporated and to substitute Respondents Huayi Mechanical
and Electrical Co. Ltd. and Techtronic Industries (Dongguan) Co. Ltd.
for Respondents Huayi Carburetor Factory, and Techtronic Industries Co.
Ltd. of Hong Kong d/b/a Techtronic Industries Power Equipment.'' Order
No. 50 at 2. The ALJ further finds that ``amending the Complaint and
Notice of Investigation to reflect the proper names of the Respondents
will aid in the development of the Investigation and is necessary to
avoid prejudicing the public interest and rights of the parties to the
Investigation.'' Id. However, the ALJ declined to grant the motion with
respect to Complainant's request to change counsel's address as that
change
[[Page 24182]]
is made normally through a notice of appearance. Id. No party
petitioned for review.
The Commission has determined not to review the ID. The notice of
investigation and complaint are amended.
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: May 20, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10852 Filed 5-23-19; 8:45 am]
BILLING CODE 7020-02-P
