Certain Road Construction Machines and Components Thereof; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 31910-31911 [2019-14189]
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
lesser tax credit for rehabilitation. The
10% credit was repealed as part of the
2017 tax reform legislation, but remains
in effect under certain transition rules.
SHPOs are the first point of contact
for property owners wishing to use the
rehabilitation tax credits. They help
applicants determine if an historic
building is eligible for Federal or State
historic preservation tax incentives,
provide guidance on an application
before or after the project begins, and
provide advice on appropriate
preservation work. SHPOs use Forms
10–168d and 10–168e to make
recommendations to NPS.
In accordance with 36 CFR 67, we
also collect information for: (1)
Certifications of State and local statutes
(§ 67.8), (2) certifications of State or
local historic districts (§ 67.9), and (3)
appeals (§ 67.10).
Title of Collection: Historic
Preservation Certifications, 36 CFR part
67.
OMB Control Number: 1024–0009.
Form Number: NPS Forms 10–168,
10–168a, 10–168b, 10–168c, 10–168d,
and 10–168e.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals, organizations, companies
and businesses, and State or tribal
governments.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: $3,973,359 based
primarily on application fees and other
costs (includes printing photographs
and architectural drawings).
Estimated
total annual
responses
Activity
Form 10–168 (Part 1):
Individuals .............................................................................................................................
Private Sector .......................................................................................................................
Form 10–168a (Part 2):
Individuals .............................................................................................................................
Private Sector .......................................................................................................................
Form 10–168b (Amendment):
Individuals .............................................................................................................................
Private Sector .......................................................................................................................
Form 10–168c (Part 3):
Individuals .............................................................................................................................
Private Sector .......................................................................................................................
Forms 10–168d and 10–168e (State Review Sheets):
Form 10–168d ......................................................................................................................
Form 10–168e (Part 2s) .......................................................................................................
Form 10–168e (Part 3s) .......................................................................................................
Form 10–168e (for Amendments) ........................................................................................
Certification of Statutes ...............................................................................................................
Cert of Historic Districts ...............................................................................................................
Appeals:
Individuals .............................................................................................................................
Private Sector .......................................................................................................................
Totals .............................................................................................................................
Estimated
average
completion
time
Estimated
total annual
burden hours *
74
1,401
27
27
1,998
37,827
65
1,242
51
51
3,315
63,342
94
1,795
15
15
1,410
26,925
44
841
17
17
748
14,297
1,475
1,307
885
1,889
1
3
2.5
5
3.5
2.5
5
60
3,688
6,535
3,098
4,723
5
180
4
30
40
40
160
1,200
11,150
169,451
* Rounded
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Phadrea Ponds,
Acting Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2019–14223 Filed 7–2–19; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1088]
Certain Road Construction Machines
and Components Thereof;
Commission Final Determination
Finding a Section 337 Violation;
Issuance of a Limited Exclusion Order
and a Cease and Desist Order;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 of the Tariff Act of 1930
(‘‘section 337’’), as amended, in this
investigation. The Commission has
issued a limited exclusion order
(‘‘LEO’’) prohibiting the importation by
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SUMMARY:
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respondents Wirtgen GmbH, Wirtgen
Group Holding GmbH (‘‘Wirtgen
Group’’), and Wirtgen America, Inc.
(‘‘Wirtgen America’’) of certain road
construction machines and components
thereof that infringe claim 19 of U.S.
Patent No. 7,140,693. The Commission
has also issued a cease and desist order
(‘‘CDO’’) directed to respondent Wirtgen
America. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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
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jspears on DSK30JT082PROD with NOTICES
Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
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 November 29, 2017, based on a
complaint, as supplemented, filed by
Caterpillar Inc. of Peoria, Illinois and
Caterpillar Paving Products, Inc. of
Minneapolis, Minnesota (collectively,
‘‘Complainants’’). See 82 FR 56625–26
(Nov. 29, 2017). The complaint, as
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain road construction
machines and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,140,693 (‘‘the ’693
patent’’); 9,045,871 (‘‘the ’871 patent’’);
and 7,641,419 (‘‘the ’419 patent’’). See
id. The notice of investigation identifies
the following respondents: Wirtgen
GmbH of Windhagen, Germany; Joseph
Vo¨gele AG of Ludwigshafen, Germany;
Wirtgen Group of Windhagen, Germany;
and Wirtgen America of Antioch,
Tennessee. See id. The Office of Unfair
Import Investigations is not a party to
this investigation. See id.
The ALJ terminated the ’871 patent
from the investigation after finding the
asserted claims of that patent to be
invalid under 35 U.S.C. 101. See Order
No. 18 (May 24, 2018), previously
reviewed, Comm’n Notice (July 3, 2018).
The Commission terminated the ’419
patent from the investigation after
Complainants withdrew their
allegations with respect to that patent.
See Order No. 26 (July 5, 2018),
unreviewed, Comm’n Notice (July 25,
2018). The Commission also terminated
claim 25 of the ’693 patent from the
investigation after Complainants
withdrew their allegations as to that
claim. See Order No. 38 (Oct. 16, 2018),
unreviewed, Comm’n Notice (Nov. 9,
2018).
On February 14, 2019, the ALJ issued
the FID finding a violation of section
337 by certain accused products by
reason of infringement of claim 19 of the
’693 patent. In addition, the FID finds
all the asserted claims, except claim 19
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of the ’693 patent, to be invalid as
anticipated and/or obvious over the
prior art. Furthermore, the FID finds
that Complainants have satisfied the
domestic industry requirement with
respect to the ’693 patent. The ALJ also
issued a recommended determination
(‘‘RD’’) recommending that the
Commission issue an LEO against the
infringing products and a CDO against
each respondent. The ALJ further
recommended against setting a bond
during the period of Presidential review.
On April 12, 2019, the Commission
issued a Notice determining to review
the FID in part. See 84 FR 16282–83
(Apr. 18, 2019). The Commission’s
notice solicited written submissions on
remedy, the public interest, and
bonding. On April 30, 2019, the parties
filed written submissions in response to
the April 12, 2019 Notice, and on May
10, 2019, the parties filed responses to
each other’s submissions.
Having examined the record of this
investigation, including the FID, the RD,
and the parties’ submissions, the
Commission has determined to affirm
with modification the FID’s ultimate
conclusion of a section 337 violation
with respect to claim 19 of the ’693
patent. In addition, as explained in the
Commission Opinion filed concurrently
herewith, the Commission has
determined to modify the FID’s findings
with respect to: (1) The construction of
the claim term ‘‘a retracted position
relative to said frame’’; (2) the
infringement of the asserted method
claims, i.e., claims 17–19, 24, 26–28,
and 38 of the ’693 patent; (3) the
invalidity of claims 1, 15–18, 24, 26, 27,
36, and 38 of the ’693 patent over Volpe
SF–100 T4 in view of U.S. Patent No.
3,633,292 (Ulrich); (4) no invalidity of
claims 1, 15–19, 24, 26–28, 36, and 38
of the ’693 patent over U.S. Patent No.
3,843,274 (Gutman) alone or in
combination with other prior art; and (5)
no invalidity of claim 19 over Volpe SF–
100 T4 in view of Ulrich and WO 97/
42377 (Busley). All findings in the FID
that are not inconsistent with the
Commission’s determination are
affirmed.
The Commission has also determined
to affirm the ALJ’s initial determination
(Order No. 18) terminating the ’871
patent from the investigation based on
the invalidity of the asserted claims of
that patent under 35 U.S.C. 101.
Commissioner Schmidtlein dissents
from the Commission’s decision to
affirm Order No. 18 and has filed a
separate dissenting opinion.
Accordingly, the Commission finds
that there is a violation of section 337
with respect to claim 19 of the ’693
patent. The Commission has determined
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31911
that the appropriate remedy is a limited
exclusion order against Wirtgen Group,
Wirtgen GmbH, and Wirtgen America’s
infringing products, and a cease and
desist order against Wirtgen America.
The Commission has also determined
that the public interest factors
enumerated in subsections 337(d)(1)
and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do
not preclude the issuance of the limited
exclusion order and cease and desist
order. The Commission has further
determined to set a bond at zero (0)
percent of entered value during the
Presidential review period (19 U.S.C.
1337(j)).
The Commission’s orders and opinion
were delivered to the President and to
the United States Trade Representative
on the day of their issuance.
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 27, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–14189 Filed 7–2–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1166]
Certain Foodservice Equipment and
Components Thereof; 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 May
30, 2019, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Illinois Tool Works, Inc. of Glenview,
Illinois; Vesta Global Limited of Hong
Kong; Vesta (Guangzhou) Catering
Equipment Co., Ltd. of China; and
Admiral Craft Equipment Corp. of
Westbury, New York. A letter
supplement was filed on June 14, 2019.
The supplemented complaint alleges
violations of section 337 based upon in
the importation of articles into the
United States, or in the sale of such
articles by the owner, importer, or
consignee of certain foodservice
equipment and components thereof by
reason of misappropriation of trade
secrets and unfair competition through
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31910-31911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14189]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1088]
Certain Road Construction Machines and Components Thereof;
Commission Final Determination Finding a Section 337 Violation;
Issuance of a Limited Exclusion Order and a Cease and Desist Order;
Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 of the Tariff Act of
1930 (``section 337''), as amended, in this investigation. The
Commission has issued a limited exclusion order (``LEO'') prohibiting
the importation by respondents Wirtgen GmbH, Wirtgen Group Holding GmbH
(``Wirtgen Group''), and Wirtgen America, Inc. (``Wirtgen America'') of
certain road construction machines and components thereof that infringe
claim 19 of U.S. Patent No. 7,140,693. The Commission has also issued a
cease and desist order (``CDO'') directed to respondent Wirtgen
America. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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
[[Page 31911]]
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 November 29, 2017, based on a complaint, as supplemented, filed by
Caterpillar Inc. of Peoria, Illinois and Caterpillar Paving Products,
Inc. of Minneapolis, Minnesota (collectively, ``Complainants''). See 82
FR 56625-26 (Nov. 29, 2017). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended (19
U.S.C. 1337), based upon the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain road construction machines and components
thereof by reason of infringement of certain claims of U.S. Patent Nos.
7,140,693 (``the '693 patent''); 9,045,871 (``the '871 patent''); and
7,641,419 (``the '419 patent''). See id. The notice of investigation
identifies the following respondents: Wirtgen GmbH of Windhagen,
Germany; Joseph V[ouml]gele AG of Ludwigshafen, Germany; Wirtgen Group
of Windhagen, Germany; and Wirtgen America of Antioch, Tennessee. See
id. The Office of Unfair Import Investigations is not a party to this
investigation. See id.
The ALJ terminated the '871 patent from the investigation after
finding the asserted claims of that patent to be invalid under 35
U.S.C. 101. See Order No. 18 (May 24, 2018), previously reviewed,
Comm'n Notice (July 3, 2018). The Commission terminated the '419 patent
from the investigation after Complainants withdrew their allegations
with respect to that patent. See Order No. 26 (July 5, 2018),
unreviewed, Comm'n Notice (July 25, 2018). The Commission also
terminated claim 25 of the '693 patent from the investigation after
Complainants withdrew their allegations as to that claim. See Order No.
38 (Oct. 16, 2018), unreviewed, Comm'n Notice (Nov. 9, 2018).
On February 14, 2019, the ALJ issued the FID finding a violation of
section 337 by certain accused products by reason of infringement of
claim 19 of the '693 patent. In addition, the FID finds all the
asserted claims, except claim 19 of the '693 patent, to be invalid as
anticipated and/or obvious over the prior art. Furthermore, the FID
finds that Complainants have satisfied the domestic industry
requirement with respect to the '693 patent. The ALJ also issued a
recommended determination (``RD'') recommending that the Commission
issue an LEO against the infringing products and a CDO against each
respondent. The ALJ further recommended against setting a bond during
the period of Presidential review.
On April 12, 2019, the Commission issued a Notice determining to
review the FID in part. See 84 FR 16282-83 (Apr. 18, 2019). The
Commission's notice solicited written submissions on remedy, the public
interest, and bonding. On April 30, 2019, the parties filed written
submissions in response to the April 12, 2019 Notice, and on May 10,
2019, the parties filed responses to each other's submissions.
Having examined the record of this investigation, including the
FID, the RD, and the parties' submissions, the Commission has
determined to affirm with modification the FID's ultimate conclusion of
a section 337 violation with respect to claim 19 of the '693 patent. In
addition, as explained in the Commission Opinion filed concurrently
herewith, the Commission has determined to modify the FID's findings
with respect to: (1) The construction of the claim term ``a retracted
position relative to said frame''; (2) the infringement of the asserted
method claims, i.e., claims 17-19, 24, 26-28, and 38 of the '693
patent; (3) the invalidity of claims 1, 15-18, 24, 26, 27, 36, and 38
of the '693 patent over Volpe SF-100 T4 in view of U.S. Patent No.
3,633,292 (Ulrich); (4) no invalidity of claims 1, 15-19, 24, 26-28,
36, and 38 of the '693 patent over U.S. Patent No. 3,843,274 (Gutman)
alone or in combination with other prior art; and (5) no invalidity of
claim 19 over Volpe SF-100 T4 in view of Ulrich and WO 97/42377
(Busley). All findings in the FID that are not inconsistent with the
Commission's determination are affirmed.
The Commission has also determined to affirm the ALJ's initial
determination (Order No. 18) terminating the '871 patent from the
investigation based on the invalidity of the asserted claims of that
patent under 35 U.S.C. 101. Commissioner Schmidtlein dissents from the
Commission's decision to affirm Order No. 18 and has filed a separate
dissenting opinion.
Accordingly, the Commission finds that there is a violation of
section 337 with respect to claim 19 of the '693 patent. The Commission
has determined that the appropriate remedy is a limited exclusion order
against Wirtgen Group, Wirtgen GmbH, and Wirtgen America's infringing
products, and a cease and desist order against Wirtgen America. The
Commission has also determined that the public interest factors
enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude the issuance of the limited exclusion order and
cease and desist order. The Commission has further determined to set a
bond at zero (0) percent of entered value during the Presidential
review period (19 U.S.C. 1337(j)).
The Commission's orders and opinion were delivered to the President
and to the United States Trade Representative on the day of their
issuance.
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 27, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14189 Filed 7-2-19; 8:45 am]
BILLING CODE 7020-02-P
