Certain Magnetic Data Storage Tapes and Cartridges Containing Same (II); Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; and Termination of the Investigation, 27358-27359 [2019-12350]

Download as PDF 27358 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES 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 section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1116’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). 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 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,1 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of 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: June 7, 2019. Katherine Hiner, Supervisory Attorney. [FR Doc. 2019–12377 Filed 6–11–19; 8:45 am] BILLING CODE 7020–02–P 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1076] Certain Magnetic Data Storage Tapes and Cartridges Containing Same (II); Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; and Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined that there is a violation of 19 U.S.C. 1337, as amended (‘‘Section 337’’), in the above-captioned investigation. The Commission has further determined to issue a limited exclusion order and cease and desist orders and to set bond rates on the entered value of covered products imported during the period of Presidential review. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (‘‘EDIS’’) (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on October 25, 2017, on a complaint filed by FUJIFILM Corporation of Tokyo, Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, ‘‘Fujifilm’’). 82 FR 49421–22 (Oct. 25, 2017). The complaint alleged violations of 19 U.S.C. 1337 (‘‘Section 337’’), in the importation, sale for importation, or sale in the United States after importation of certain magnetic data storage tapes and SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 cartridges by reason of infringement of one or more asserted claims of U.S. Patent Nos. 6,630,256 (‘‘the ’256 patent’’); 6,835,451 (‘‘the ’451 patent’’); 7,011,899 (‘‘the ’899 patent’’); 6,462,905 (‘‘the ’905 patent’’); and 6,783,094 (‘‘the ’094 patent’’). Id. The notice of investigation named Sony Corporation of Tokyo, Japan; Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony Storage Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. (‘‘Sony DADC’’) of Terre Haute, Indiana; and Sony Latin America Inc. (‘‘Sony Latin America’’) of Miami, Florida (collectively, ‘‘Sony’’) as respondents. Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named a party to the investigation. Id. The Commission previously terminated the investigation as to the ’094 patent and certain claims of the ’905, ’256, ’451, and ’899 patents. See Comm’n Notice (Apr. 17, 2018) (aff’g Order No. 11); Comm’n Notice (July 9, 2018) (aff’g Order No. 17); Comm’n Notice (July 27, 2018) (aff’g Order No. 22). On October 25, 2018, the presiding administrative law judge issued a combined final initial determination (‘‘ID’’) and recommended determination (‘‘RD’’). The ID found Sony violated Section 337 by reason of infringement of the ’256 and ’899 patents. The ID found no violation with respect to the ’905 or ’451 patents. The RD recommended issuance of a limited exclusion order and cease and desist orders and set bond rates on the entered value of certain covered products. The ALJ also issued an RD on the public interest pursuant to the Commission’s delegation of those issues in the notice of investigation under Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1). See 82 FR at 49421. The parties filed their petitions for review on November 9, 2018, and responses on November 20, 2018. On March 15, 2019, the Commission issued a notice of its determination to review the ID in part with respect to certain findings relating to the ’256, ’899, and ’905 patents. The parties filed their initial responses to the Commission’s questions on March 29, 2019, and their replies on April 5, 2019. Upon review of the parties’ submissions, the ID, RD, and evidence of record, the Commission has determined that Sony violated Section 337 by reason of infringement of asserted claims 1–5 of the ’256 patent and asserted claims 1, 7, 11, and 12 of the ’899 patent. The Commission found no violation with respect to the ’905 patent or ’451 patent. The Commission has further determined to issue a E:\FR\FM\12JNN1.SGM 12JNN1 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices limited exclusion order prohibiting further importation of Sony’s accused LTO–4, LTO–5, and LTO–6 tape products and cease and desist orders against Sony’s U.S. subsidiaries, Sony DADC and Sony Latin America. The Commission has set a bond of 10.4 percent of entered value on Sony’s branded LTO–4 tapes, 7.9 percent of entered value on Sony’s branded LTO– 6 tapes, and 16.8 percent of entered value on Sony’s OEM LTO–6 tapes imported during the period of Presidential review. The Commission has not set a bond on Sony’s LTO–5 tapes (branded and OEM) or Sony’s OEM LTO–4 tapes. 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: June 6, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–12350 Filed 6–11–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–622 and 731– TA–1448 (Preliminary)] Dried Tart Cherries From Turkey Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of dried tart cherries from Turkey, provided for in subheadings 0813.40.30, 0813.40.90, 0813.50.00, 2006.00.20, 2006.00.50, and 2008.60.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of Turkey.2 jbell on DSK3GLQ082PROD with NOTICES Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 84 FR 22809 (May 20, 2019). VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register. as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On April 23, 2019, the Dried Tart Cherry Trade Committee filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of dried tart cherries from Turkey and LTFV imports of dried tart cherries from Turkey. Accordingly, effective April 23, 2019, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty Investigation No. 701–TA–622 and antidumping duty Investigation No. 731–TA–1448 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 29, 2019 (84 FR 18084). The conference was held in Washington, DC, on May 14, 2019, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on June 7, 2019. The PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 27359 views of the Commission are contained in USITC Publication 4902 (June 2019), entitled Dried Tart Cherries from Turkey: Investigation Nos. 701–TA–622 and 731–TA–1448 (Preliminary). By order of the Commission. Issued: June 7, 2019. Katherine Hiner, Supervisory Attorney. [FR Doc. 2019–12422 Filed 6–11–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110–0011] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension, Without Change, of a Currently Approved Collection Federal Bureau of Investigation, Department of Justice Violent Criminal Apprehension Program (ViCAP). ACTION: 30-Day notice. AGENCY: The Department of Justice, Federal Bureau of Investigation, Critical Incident Response Group has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with established review procedures of the Paperwork Reduction Act of 1995. DATES: The Department of Justice encourages public comment and will accept input until July 12, 2019. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Nathan Graham, Program Manager, Federal Bureau of Investigation, Critical Incident Response Group, ViCAP, FBI Academy, Quantico, Virginia 22135; facsimile (703) 632–4239. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: SUMMARY: E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27358-27359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12350]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1076]


Certain Magnetic Data Storage Tapes and Cartridges Containing 
Same (II); Commission's Final Determination Finding a Violation of 
Section 337; Issuance of a Limited Exclusion Order and Cease and Desist 
Orders; and Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined that there is a violation of 
19 U.S.C. 1337, as amended (``Section 337''), in the above-captioned 
investigation. The Commission has further determined to issue a limited 
exclusion order and cease and desist orders and to set bond rates on 
the entered value of covered products imported during the period of 
Presidential review.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 25, 2017, on a complaint filed by FUJIFILM Corporation of 
Tokyo, Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford, 
Massachusetts (collectively, ``Fujifilm''). 82 FR 49421-22 (Oct. 25, 
2017). The complaint alleged violations of 19 U.S.C. 1337 (``Section 
337''), in the importation, sale for importation, or sale in the United 
States after importation of certain magnetic data storage tapes and 
cartridges by reason of infringement of one or more asserted claims of 
U.S. Patent Nos. 6,630,256 (``the '256 patent''); 6,835,451 (``the '451 
patent''); 7,011,899 (``the '899 patent''); 6,462,905 (``the '905 
patent''); and 6,783,094 (``the '094 patent''). Id. The notice of 
investigation named Sony Corporation of Tokyo, Japan; Sony Storage 
Media Solutions Corporation of Tokyo, Japan; Sony Storage Media 
Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. (``Sony 
DADC'') of Terre Haute, Indiana; and Sony Latin America Inc. (``Sony 
Latin America'') of Miami, Florida (collectively, ``Sony'') as 
respondents. Id. The Office of Unfair Import Investigations (``OUII'') 
was also named a party to the investigation. Id.
    The Commission previously terminated the investigation as to the 
'094 patent and certain claims of the '905, '256, '451, and '899 
patents. See Comm'n Notice (Apr. 17, 2018) (aff'g Order No. 11); Comm'n 
Notice (July 9, 2018) (aff'g Order No. 17); Comm'n Notice (July 27, 
2018) (aff'g Order No. 22).
    On October 25, 2018, the presiding administrative law judge issued 
a combined final initial determination (``ID'') and recommended 
determination (``RD''). The ID found Sony violated Section 337 by 
reason of infringement of the '256 and '899 patents. The ID found no 
violation with respect to the '905 or '451 patents. The RD recommended 
issuance of a limited exclusion order and cease and desist orders and 
set bond rates on the entered value of certain covered products. The 
ALJ also issued an RD on the public interest pursuant to the 
Commission's delegation of those issues in the notice of investigation 
under Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1). See 82 FR at 
49421.
    The parties filed their petitions for review on November 9, 2018, 
and responses on November 20, 2018. On March 15, 2019, the Commission 
issued a notice of its determination to review the ID in part with 
respect to certain findings relating to the '256, '899, and '905 
patents. The parties filed their initial responses to the Commission's 
questions on March 29, 2019, and their replies on April 5, 2019.
    Upon review of the parties' submissions, the ID, RD, and evidence 
of record, the Commission has determined that Sony violated Section 337 
by reason of infringement of asserted claims 1-5 of the '256 patent and 
asserted claims 1, 7, 11, and 12 of the '899 patent. The Commission 
found no violation with respect to the '905 patent or '451 patent. The 
Commission has further determined to issue a

[[Page 27359]]

limited exclusion order prohibiting further importation of Sony's 
accused LTO-4, LTO-5, and LTO-6 tape products and cease and desist 
orders against Sony's U.S. subsidiaries, Sony DADC and Sony Latin 
America. The Commission has set a bond of 10.4 percent of entered value 
on Sony's branded LTO-4 tapes, 7.9 percent of entered value on Sony's 
branded LTO-6 tapes, and 16.8 percent of entered value on Sony's OEM 
LTO-6 tapes imported during the period of Presidential review. The 
Commission has not set a bond on Sony's LTO-5 tapes (branded and OEM) 
or Sony's OEM LTO-4 tapes.
    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: June 6, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-12350 Filed 6-11-19; 8:45 am]
 BILLING CODE 7020-02-P

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