Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 44331-44332 [2019-18172]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices 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 TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 18, 2018, based on a complaint filed by Qualcomm Incorporated of San Diego, California. 83 FR 834 (Jan. 8, 2018). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of articles that infringe claims 1, 7, 8, 10, 11, 17, and 18 of U.S. Patent No. 9,154,356 (‘‘the ’356 patent’’); claim 4 of U.S. Patent No. 9,473,336 (‘‘the ’336 patent’’); claims 1, 5–8, 12, 16–18, and 21–22 of U.S. Patent No. 8,063,674 (‘‘the ’674 patent’’); claims 1– 4, 7–9, 11, 17, 20–23, 31–33, and 36 of U.S. Patent No. 7,693,002; and claims 1– 3, 10–12, 18, and 22–24 of U.S. Patent No. 9,552,633. 83 FR at 834. The notice of investigation named as the respondent Apple Inc. of Cupertino, California. Id. at 835. The Office of Unfair Import Investigations was also named as a party. Id. Based on withdrawal of numerous asserted patent claims, see 19 CFR 210.21(a), the investigation had narrowed to claims 1 and 17 of the ’356 patent; claim 4 of the ’336 patent; and claims 1 and 8 of the ’674 patent. Order No. 37 (Aug. 27, 2018), not reviewed, Notice (Sept. 20, 2018); Order No. 43 (Oct. 3, 2018), not reviewed, Notice (Oct. 29, 2018). On March 26, 2019, the presiding administrative law judge (‘‘ALJ’’) issued the final initial determination (‘‘final ID’’), which found a violation of section 337 as to claim 1 of the ’674 patent, but no violation of section 337 as to the other asserted patent claims. On April 8, 2019, Qualcomm and Apple filed petitions for Commission review of the final ID. On April 16, 2019, the Commission investigative attorney (‘‘IA’’) filed a response to the petitions for review. On April 17, 2019, Qualcomm and Apple filed a joint motion to stay all deadlines in the investigation on the basis of the parties’ settlement. On April 19, 2019, the VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 Commission issued a notice granting that motion. The Commission’s April 19, 2019 notice requested that the private parties file a motion to terminate by April 26, 2019, and Qualcomm and Apple complied. The IA concluded that the motion did not comply with Commission rules, including Commission Rules 201.6 and 210.21(b), 19 CFR 201.6, 210.21(b), because it omitted necessary material and overredacted material that is not confidential business information. Qualcomm, Apple, and the IA moved to extend the deadline for IA’s response to the motion to terminate to provide Qualcomm and Apple with additional time to amend their motion to terminate and to address the IA’s concerns. The Commission granted the extension motion on May 9, 2019. On May 13, 2019, Qualcomm and Apple filed an amended motion to terminate. On May 21, 2019, the IA responded in partial opposition, explaining that the revised motion still did not comply with Commission rules concerning the redaction of information. Following that partial opposition, the IA coordinated with the private parties to obtain a filing from the private parties in compliance with Commission rules. On July 24, 2019, the Commission extended the target date for completion of the investigation to August 29, 2019, and required Qualcomm and Apple to file a rules-compliant motion to terminate the investigation no later than August 8, 2019. On August 8, 2019, Qualcomm and Apple filed a joint motion to supplement their earlier amended joint motion to terminate the investigation. On August 16, 2019, the IA responded in support of the motion. The Commission finds that Qualcomm’s and Apple’s motion, as amended and supplemented, is proper in form and complies with Commission Rules. See 19 CFR 201.6(a), 210.21(b). The Commission further finds that termination of the investigation will not adversely affect the public interest. Accordingly, the Commission has determined to grant the amended and supplemented motion. The Commission hereby terminates the investigation. 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. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 44331 Issued: August 20, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18189 Filed 8–22–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Toner Cartridges, Components Thereof, and Systems Containing Same, DN 3405; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Brother Industries; Ltd., Brother International Corporation (U.S.A.); and Brother Industries (U.S.A.), Inc. on August 19, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 SUMMARY: E:\FR\FM\23AUN1.SGM 23AUN1 jbell on DSK3GLQ082PROD with NOTICES 44332 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain toner cartridges, components thereof, and systems containing same. The complaint names as respondents: AMI Brothers, Inc. of San Bruno, CA; An An Beauty Limited of Hong Kong; Aster Graphics, Inc. of Riverside, CA; Aztech Enterprises Limited of Hong Kong; Billiontree Technology USA Inc. of City of Industry, CA; Carlos Imaging Supplies, Inc. of Hacienda Heights, CA; Cartridge Evolution, Inc. of Brooklyn, NY; Do it Wiser, LLC of Wilmington, DE; Eco Imaging Inc. of Irvine, CA; Ecoolsmart Co. of Rowland Heights, CA; EPrinter Solution LLC of Pomona, CA; E–Z Ink Inc. of Brooklyn, NY; Globest Trading Inc. of Ontario, CA; Greencycle Tech, Inc. of South El Monte, CA; Hongkong Boze Co., Ltd. of Hong Kong; I8 International, Inc. of City of Industry, CA; IFree E-Commerce Co. of Hong Kong; Ikong E-Commerce of Walnut, CA; Intercon International Corp. of Brea, CA; IPrint Enterprise Limited of Hong Kong; LD Products, Inc. of Long Beach, CA; Linkyo Corp. La Puente, CA; Mangoket LLC of Alhambra, CA; New Era Image LLC of Corona, CA; OW Supplies Corp. of Corona, CA; Solong ECommerce Co., LLC of Hong Kong; Smartjet E-Commerce Co., LLC of Hong Kong; Super Warehouse Inc. of Blaine, WA; Theresa Meng of Brooklyn, NY; Triple Best LLC of San Diego, CA; V4ink, Inc. of Diamond Bar, CA; and Zhuhai Xiaohui E-Commerce Co., Ltd. of China. The complainant requests that the Commission issue a general exclusion order, or alternatively, a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. 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 § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3405’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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. 2019–18172 Filed 8–22–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Bone Cements and Bone Cement Accessories, DN 3406; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Notices]
[Pages 44331-44332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18172]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

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 received a complaint entitled Certain Toner Cartridges, 
Components Thereof, and Systems Containing Same, DN 3405; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing pursuant to the Commission's 
Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Brother Industries; Ltd., 
Brother International Corporation (U.S.A.); and Brother Industries 
(U.S.A.), Inc. on August 19, 2019. The complaint alleges violations of 
section 337 of the Tariff Act of 1930

[[Page 44332]]

(19 U.S.C. 1337) in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain toner cartridges, components thereof, and 
systems containing same. The complaint names as respondents: AMI 
Brothers, Inc. of San Bruno, CA; An An Beauty Limited of Hong Kong; 
Aster Graphics, Inc. of Riverside, CA; Aztech Enterprises Limited of 
Hong Kong; Billiontree Technology USA Inc. of City of Industry, CA; 
Carlos Imaging Supplies, Inc. of Hacienda Heights, CA; Cartridge 
Evolution, Inc. of Brooklyn, NY; Do it Wiser, LLC of Wilmington, DE; 
Eco Imaging Inc. of Irvine, CA; Ecoolsmart Co. of Rowland Heights, CA; 
EPrinter Solution LLC of Pomona, CA; E-Z Ink Inc. of Brooklyn, NY; 
Globest Trading Inc. of Ontario, CA; Greencycle Tech, Inc. of South El 
Monte, CA; Hongkong Boze Co., Ltd. of Hong Kong; I8 International, Inc. 
of City of Industry, CA; IFree E-Commerce Co. of Hong Kong; Ikong E-
Commerce of Walnut, CA; Intercon International Corp. of Brea, CA; 
IPrint Enterprise Limited of Hong Kong; LD Products, Inc. of Long 
Beach, CA; Linkyo Corp. La Puente, CA; Mangoket LLC of Alhambra, CA; 
New Era Image LLC of Corona, CA; OW Supplies Corp. of Corona, CA; 
Solong E-Commerce Co., LLC of Hong Kong; Smartjet E-Commerce Co., LLC 
of Hong Kong; Super Warehouse Inc. of Blaine, WA; Theresa Meng of 
Brooklyn, NY; Triple Best LLC of San Diego, CA; V4ink, Inc. of Diamond 
Bar, CA; and Zhuhai Xiaohui E-Commerce Co., Ltd. of China. The 
complainant requests that the Commission issue a general exclusion 
order, or alternatively, a limited exclusion order, cease and desist 
orders, and impose a bond upon respondents' alleged infringing articles 
during the 60-day Presidential review period pursuant to 19 U.S.C. 
1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments on any public interest issues 
raised by the complaint or Sec.  210.8(b) filing. Comments should 
address whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues must also be filed by no later than 
the close of business, eight calendar days after publication of this 
notice in the Federal Register. Complainant may file replies to any 
written submissions no later than three calendar days after the date on 
which any initial submissions were due. Any submissions and replies 
filed in response to this Notice are limited to five (5) pages in 
length, inclusive of attachments.
    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 Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3405'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \1\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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,\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\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    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 Sec. Sec.  
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. 2019-18172 Filed 8-22-19; 8:45 am]
 BILLING CODE 7020-02-P