Certain Light-Emitting Diode Products, Systems, and Components Thereof (II); Institution of Investigation, 29879-29880 [2019-13455]

Download as PDF Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Notices order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 20, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–13457 Filed 6–24–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1164] Certain Light-Emitting Diode Products, Systems, and Components Thereof (II); Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Lighting Science Group Corporation of Cocoa Beach, Florida; Healthe, Inc. of Cocoa Beach, Florida; and Global Value Lighting LLC of West Warwick, Rhode Island. An amended complaint was filed on May 20, 2019. A supplement to the amended complaint was filed on June 11, 2019. The complaint, as amended, alleges violations of 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 light-emitting diode products, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,098,483 (‘‘the ’483 Patent’’); U.S. Patent No. 7,095,053 (‘‘the ’053 Patent’’); U.S. Patent No. 8,506,118 (‘‘the ’118 Patent’’); U.S. Patent No. 7,528,421 (‘‘the ’421 Patent’’); U.S. Patent No. 8,674,608 (‘‘the ’608 Patent’’); U.S. Patent No. 8,201,968 (‘‘the ’968 Patent’’); and U.S. Patent No. 8,967,844 (‘‘the ’844 Patent’’). The complaint, as amended, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint, as amended, also alleges violations of section 337 based on the importation into the United States, and in the sale of, certain light-emitting diode products, systems, and components thereof by reason of false advertising, the threat of effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:35 Jun 24, 2019 Jkt 247001 limited exclusion order and cease and desist orders. ADDRESSES: The complaint, as amended, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, as amended, the U.S. International Trade Commission, on June 19, 2019, ordered that— (1) Pursuant to section 210.10(a)(6) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(a)(6), two separate investigations be instituted based on the amended complaint to further efficient adjudication, one of which is instituted by this notice of investigation, and that this decision shall not preclude the presiding Administrative Law Judge from further severing the investigation pursuant to section 210.14(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.14(h), if appropriate; (2) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 29879 certain products identified in paragraph (3) by reason of infringement of one of more of claims 6 and 7 of the ’968 patent; and claim 4 of the ’844 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph (3) by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States; (3) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘(1) LED downlights; and (2) LED luminaires’’; (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Lighting Science Group Corporation, 801 N. Atlantic Avenue, Cocoa Beach, FL 32931 Healthe, Inc., 801 N. Atlantic Avenue, Cocoa Beach, FL 32931 Global Value Lighting, LLC, 1350 Division Road, Suite 204, West Warwick, RI 02893 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Signify N.V. (f/k/a Philips Lighting N.V.), High Tech Campus 45, 5656 AE Eindhoven, Netherlands Signify North America Corporation, (f/ k/a Philips Lighting North America Corporation), 200 Franklin Square Drive, Somerset, New Jersey 08873 General Electric Company, 41 Farnsworth Street, Boston, Massachusetts 02210 Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC), 1975 Noble Road, Cleveland, Ohio 44112 Acuity Brands, Inc., 1170 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30309 Acuity Brands Lighting, Inc., One Lithonia Way, Suite 2300, Conyers, Georgia 30012 Leedarson Lighting Co., Ltd., Leedarson Building, No. 1511, 2nd Fanghu North Road, Xiamen 361010, China Leedarson America, Inc., 4600 Highlands Pkwy SE, Suite D–E, Smyrna, Georgia 30082 (c) The Office of Unfair Import Investigations, U.S. International Trade E:\FR\FM\25JNN1.SGM 25JNN1 29880 Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Notices Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the amended complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the amended complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 20, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–13455 Filed 6–24–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR khammond on DSKBBV9HB2PROD with NOTICES Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Innovation and Opportunity Act Implementation Study Office of the Secretary Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the information collection request (ICR) proposal titled, ‘‘Workforce Innovation and Opportunity Act Implementation Study,’’ to the Office of Management and Budget SUMMARY: VerDate Sep<11>2014 20:35 Jun 24, 2019 Jkt 247001 (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before July 25, 2019. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201812-1290-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129 (this is not a toll-free number) or by email at DOL_ PRA_PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–ETA, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor—OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Frederick C. Licari by telephone at 202– 693–8073, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This ICR seeks PRA authority for the Workforce Innovation and Opportunity Act (WIOA) Implementation Study information collection. More specifically, this ICR seeks clearance for a survey data collection activity conducted as part of a WIOA implementation evaluation. WIOA section 169 authorizes this information collection. See 29 U.S.C. 3324. This proposed information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 to penalty for failing to comply with a collection of information if the collection of information does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. For additional information, see the related notice published in the Federal Register on February 23, 2018 (83 FR 8110). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB ICR Reference Number 201812–1290–001. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–OS. Title of Collection: Workforce Innovation and Opportunity Act Implementation Study. OMB ICR Reference Number: 201812– 1290–001. Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Respondents: 17. Total Estimated Number of Responses: 17. Total Estimated Annual Time Burden: 51 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: June 18, 2019. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2019–13471 Filed 6–24–19; 8:45 am] BILLING CODE 4510–HX–P E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Notices]
[Pages 29879-29880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13455]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1164]


Certain Light-Emitting Diode Products, Systems, and Components 
Thereof (II); Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 30, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Lighting 
Science Group Corporation of Cocoa Beach, Florida; Healthe, Inc. of 
Cocoa Beach, Florida; and Global Value Lighting LLC of West Warwick, 
Rhode Island. An amended complaint was filed on May 20, 2019. A 
supplement to the amended complaint was filed on June 11, 2019. The 
complaint, as amended, alleges violations of 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 light-
emitting diode products, systems, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,098,483 (``the '483 
Patent''); U.S. Patent No. 7,095,053 (``the '053 Patent''); U.S. Patent 
No. 8,506,118 (``the '118 Patent''); U.S. Patent No. 7,528,421 (``the 
'421 Patent''); U.S. Patent No. 8,674,608 (``the '608 Patent''); U.S. 
Patent No. 8,201,968 (``the '968 Patent''); and U.S. Patent No. 
8,967,844 (``the '844 Patent''). The complaint, as amended, further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complaint, as amended, also alleges 
violations of section 337 based on the importation into the United 
States, and in the sale of, certain light-emitting diode products, 
systems, and components thereof by reason of false advertising, the 
threat of effect of which is to destroy or substantially injure an 
industry in the United States.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as amended, except for any confidential 
information contained therein, is 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, Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2560.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, as 
amended, the U.S. International Trade Commission, on June 19, 2019, 
ordered that--
    (1) Pursuant to section 210.10(a)(6) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(a)(6), two separate 
investigations be instituted based on the amended complaint to further 
efficient adjudication, one of which is instituted by this notice of 
investigation, and that this decision shall not preclude the presiding 
Administrative Law Judge from further severing the investigation 
pursuant to section 210.14(h) of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.14(h), if appropriate;
    (2) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain products identified in paragraph (3) by reason of infringement 
of one of more of claims 6 and 7 of the '968 patent; and claim 4 of the 
'844 patent; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, or in the sale of 
certain products identified in paragraph (3) by reason of false 
advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (3) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``(1) LED downlights; 
and (2) LED luminaires'';
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Lighting Science Group Corporation, 801 N. Atlantic Avenue, Cocoa 
Beach, FL 32931
Healthe, Inc., 801 N. Atlantic Avenue, Cocoa Beach, FL 32931
Global Value Lighting, LLC, 1350 Division Road, Suite 204, West 
Warwick, RI 02893

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Signify N.V. (f/k/a Philips Lighting N.V.), High Tech Campus 45, 5656 
AE Eindhoven, Netherlands
Signify North America Corporation, (f/k/a Philips Lighting North 
America Corporation), 200 Franklin Square Drive, Somerset, New Jersey 
08873
General Electric Company, 41 Farnsworth Street, Boston, Massachusetts 
02210
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC), 1975 Noble 
Road, Cleveland, Ohio 44112
Acuity Brands, Inc., 1170 Peachtree Street NE, Suite 2300, Atlanta, 
Georgia 30309
Acuity Brands Lighting, Inc., One Lithonia Way, Suite 2300, Conyers, 
Georgia 30012
Leedarson Lighting Co., Ltd., Leedarson Building, No. 1511, 2nd Fanghu 
North Road, Xiamen 361010, China
Leedarson America, Inc., 4600 Highlands Pkwy SE, Suite D-E, Smyrna, 
Georgia 30082

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade

[[Page 29880]]

Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will 
be considered by the Commission if received not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: June 20, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-13455 Filed 6-24-19; 8:45 am]
BILLING CODE 7020-02-P
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