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]

Download as PDF 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. VerDate Sep<11>2014 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 E:\FR\FM\24MYN1.SGM 24MYN1 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: VerDate Sep<11>2014 18:10 May 23, 2019 Jkt 247001 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 Frm 00108 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 E:\FR\FM\24MYN1.SGM 24MYN1

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]


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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.

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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