Certain Convertible Sofas and Components Thereof; Commission Determination Not To Review the Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation, 43820 [2019-18115]

Download as PDF 43820 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Notices 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,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: August 19, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18114 Filed 8–21–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1122] Certain Convertible Sofas and Components Thereof; Commission Determination Not To Review the Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined not to review the final 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Sep<11>2014 16:37 Aug 21, 2019 Jkt 247001 initial determination (‘‘ID’’) in the above-captioned investigation finding no violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 337 (‘‘Section 337’’). The investigation is hereby terminated. 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: On July 13, 2018, the Commission instituted the present investigation based on a complaint filed by Sauder Manufacturing Co. of Archbold, Ohio. 83 FR 32686 (July 13, 2018). The complaint alleges a violation of Section 337 has occurred through the importation into the United States, sale for importation, and sale within the United States after importation of certain convertible sofas that purportedly infringe Sauder’s U.S. Design Patent No. D716,576 (‘‘the D’576 patent’’). Id. The Commission’s notice of investigation named Krug, Inc. (‘‘Krug’’) of Kitchener, Ontario, Canada, as the sole respondent. Id. The Office of Unfair Import Investigations was not named as a party. Id. The presiding administrative law judge (‘‘ALJ’’) set the target date for completion of this investigation for November 13, 2019 (16 months). Order No. 3 (July 27, 2018). The ALJ scheduled the evidentiary hearing for March 18–22, 2019 and the deadline for issuing the final ID for July 12, 2019. Order No. 4 (Aug. 3, 2018). The parties, in response to an inquiry from the ALJ, subsequently agreed that the issues in this investigation could be resolved with a hearing on the briefs rather than a live evidentiary hearing. See Joint Statement Stipulating to a Hearing on the Briefs and Corresponding Proposed PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 Procedural Schedule (Nov. 9, 2018). The ALJ adopted their recommendations, with some revisions, and scheduled a hearing for March 19, 2019, to hear the parties’ arguments on their submissions. Order No. 5 (Nov. 19, 2018). The ALJ did not change the deadline for issuing the final ID or the target date for completion of the investigation. Id. On July 12, 2019, the ALJ issued the final ID, which finds that: (1) The accused Krug convertible sofas do not infringe the D’576 patent; (2) prosecution history estoppel bars Sauder from accusing Krug sofas with soft top arms of infringing the D’576 patent; and (3) the D’576 patent claim is invalid under 35 U.S.C. 112 for lack of written description. ID at 18, 34, 54, 58. The ID concludes that importation of the accused Krug products does not violate Section 337. Id. at 1, 58. No party filed a petition to review the subject ID. The Commission has determined not to review the subject ID. The investigation is hereby terminated. 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). Issued: August 19, 2019. By order of the Commission. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18115 Filed 8–21–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standard Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: SUMMARY: This notice is a summary of petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before September 23, 2019. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Email: zzMSHA-comments@ dol.gov. Include the docket number of E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Notices]
[Page 43820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18115]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1122]


Certain Convertible Sofas and Components Thereof; Commission 
Determination Not To Review the Final Initial Determination Finding No 
Violation of Section 337; Termination of the 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 (the ``Commission'') has determined not to review the final 
initial determination (``ID'') in the above-captioned investigation 
finding no violation of Section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 337 (``Section 337''). The investigation is hereby 
terminated.

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: On July 13, 2018, the Commission instituted 
the present investigation based on a complaint filed by Sauder 
Manufacturing Co. of Archbold, Ohio. 83 FR 32686 (July 13, 2018). The 
complaint alleges a violation of Section 337 has occurred through the 
importation into the United States, sale for importation, and sale 
within the United States after importation of certain convertible sofas 
that purportedly infringe Sauder's U.S. Design Patent No. D716,576 
(``the D'576 patent''). Id. The Commission's notice of investigation 
named Krug, Inc. (``Krug'') of Kitchener, Ontario, Canada, as the sole 
respondent. Id. The Office of Unfair Import Investigations was not 
named as a party. Id.
    The presiding administrative law judge (``ALJ'') set the target 
date for completion of this investigation for November 13, 2019 (16 
months). Order No. 3 (July 27, 2018). The ALJ scheduled the evidentiary 
hearing for March 18-22, 2019 and the deadline for issuing the final ID 
for July 12, 2019. Order No. 4 (Aug. 3, 2018). The parties, in response 
to an inquiry from the ALJ, subsequently agreed that the issues in this 
investigation could be resolved with a hearing on the briefs rather 
than a live evidentiary hearing. See Joint Statement Stipulating to a 
Hearing on the Briefs and Corresponding Proposed Procedural Schedule 
(Nov. 9, 2018). The ALJ adopted their recommendations, with some 
revisions, and scheduled a hearing for March 19, 2019, to hear the 
parties' arguments on their submissions. Order No. 5 (Nov. 19, 2018). 
The ALJ did not change the deadline for issuing the final ID or the 
target date for completion of the investigation. Id.
    On July 12, 2019, the ALJ issued the final ID, which finds that: 
(1) The accused Krug convertible sofas do not infringe the D'576 
patent; (2) prosecution history estoppel bars Sauder from accusing Krug 
sofas with soft top arms of infringing the D'576 patent; and (3) the 
D'576 patent claim is invalid under 35 U.S.C. 112 for lack of written 
description. ID at 18, 34, 54, 58. The ID concludes that importation of 
the accused Krug products does not violate Section 337. Id. at 1, 58.
    No party filed a petition to review the subject ID. The Commission 
has determined not to review the subject ID. The investigation is 
hereby terminated.
    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).

    Issued: August 19, 2019.

    By order of the Commission.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18115 Filed 8-21-19; 8:45 am]
BILLING CODE 7020-02-P