Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof Institution of Investigation, 71975-71976 [2019-28006]

Download as PDF Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices Comments and materials we receive, as well as documents associated with the notice, will be available for public inspection by appointment, during normal business hours, at the Ohio Ecological Services Field Office in Columbus, Ohio (see FOR FURTHER INFORMATION CONTACT). Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority We provide this notice under section 10(c) of the ESA (16 U.S.C.1539(c)) and its implementing regulations (50 CFR 17.22) and the NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6; 43 CFR part 46). Lori Nordstrom, Assistant Regional Director. [FR Doc. 2019–28112 Filed 12–27–19; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1188] Certain Pick-Up Truck Folding Bed Cover Systems 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 November 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Extang Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. d/b/a BAK Industries of Ann Arbor, Michigan. Supplements to the complaint were filed on November 27, 2019 and December 16, 2019. The complaint, as supplemented, 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 pick-up truck folding bed cover systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,484,788 (‘‘the ’788 patent’’) and U.S. Patent No. 8,061,758 (‘‘the ’758 patent’’). The complaint khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, 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, The 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 (2019). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 20, 2019, ORDERED THAT— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine 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 (2) by reason of infringement of one or more of claims 1–4 of the ’788 patent and claims 2 and 3 of the ’758 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 71975 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 ‘‘folding cover assemblies for pick-up truck cargo boxes and components thereof’’; (3) 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: Extang Corporation, 5400 S. State Road, Ann Arbor, MI 48108. Laurmark Enterprises, Inc., d/b/a BAK Industries, 5400 Data Court, Ann Arbor, MI 48108. (b) The respondents are the following entities alleged to be in violation of section 337, and is/are the parties upon which the complaint is to be served: Tyger Auto Inc., 2615 West Renaissance Parkway, Rialto, CA 92376. Cixi City Liyuan Auto Parts Co. Ltd., No. 72 Haiwei Avenue, West District, Guanhaiwei Industrial Park, Cixi City, Zhejiang Province, China 315145. Hong Kong Car Start Industries Co., Limited Shidai Xinju, Building NG No. 681, West Huancheng Road, Haishu District, Zhejian Province, China 315000. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) 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 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 complaint and the notice of investigation. Extensions of time for submitting responses to the 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 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the 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 complaint and this notice E:\FR\FM\30DEN1.SGM 30DEN1 71976 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices 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: December 20, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–28006 Filed 12–27–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1176] Certain Semiconductor Devices and Components Thereof (I); Commission Determination Not To Review an Initial Determination (Order No. 7) Terminating an Investigation Due to a Settlement Agreement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 7) terminating the investigation due to a settlement agreement. The investigation is 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 October 1, 2019, the Commission instituted the present investigation based on a complaint and khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 supplementation thereto filed by Globalfoundries U.S. Inc. (‘‘Globalfoundries’’) of Santa Clara, California. 84 FR 52125–26 (Oct. 1, 2019). The complaint, as supplemented, alleges violations of 19 U.S.C. 1337, as amended (‘‘Section 337’’), based upon the importation into the United States, sale for importation, and sale in the United States after importation of certain semiconductor devices, products containing the same, and components thereof that allegedly infringe one or more of the asserted claims of U.S. Patent Nos. 8,912,603; 7,750,418; and 8,936,986. Id. The complaint also alleges the existence of a domestic industry. Id. The notice of investigation named 22 respondents (collectively, ‘‘Respondents’’), including Taiwan Semiconductor Manufacturing Co. of Hsinchu, Taiwan and TSMC North America of San Jose, California (collectively, ‘‘TSMC’’). Id. at 52126. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. Id. On November 8, 2019, Globalfoundries and all 22 Respondents filed a joint motion to terminate the investigation based on a settlement agreement (including a patent crosslicense agreement) reached between Globalfoundries and TSMC that purportedly resolves all of the issues with respect to all of the Respondents in this investigation. The joint motion includes an unredacted, confidential copy of the patent cross-license agreement, which the parties request be disclosed only to Globalfoundries, TSMC, and Commission staff. The parties also confirmed that there are no other agreements, written or oral, express or implied, between Globalfoundries and Respondents relating to the subject matter of the investigation. On November 20, 2019, OUII filed a response supporting the motion and the request to limit disclosure of the patent cross-license agreement. On November 25, 2019, the presiding administrative law judge (‘‘ALJ’’) entered the subject ID (Order No. 7) granting the joint motion to terminate the investigation. The ID agrees with the parties that Commission policy and the public interest generally favors settlements. Order No. 7 at 2 (Nov. 25, 2019). The ID further finds that termination of the investigation will not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, production of like or directly competitive articles in the United States, or U.S. consumers. Id. The ID also grants the parties’ request to limit PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 disclosure of the unredacted version of the confidential settlement agreement to the settling parties and Commission staff. Id. at 3. No petitions to review the subject ID were filed. The Commission has determined not to review the subject ID. The investigation is 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). By order of the Commission. Issued: December 20, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–28041 Filed 12–27–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–19–047] Sunshine Act Meetings United States International Trade Commission. TIME AND DATE: January 10, 2020 at 11:00 a.m. PLACE: Room 101, 500 E Street SW, Washington, DC 20436; Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote on Inv. No. 731–TA–1443 (Final) (Carbon and Alloy Steel Threaded Rod from Taiwan). The Commission is currently scheduled to complete and file its determination and views of the Commission by January 23, 2020. 5. Outstanding action jackets: None. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: December 20, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–28251 Filed 12–26–19; 11:15 am] BILLING CODE 7020–02–P E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71975-71976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28006]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1188]


Certain Pick-Up Truck Folding Bed Cover Systems and Components 
Thereof Institution of Investigation

AGENCY: U.S. International Trade Commission

ACTION: Notice

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 26, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Extang 
Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. d/b/a 
BAK Industries of Ann Arbor, Michigan. Supplements to the complaint 
were filed on November 27, 2019 and December 16, 2019. The complaint, 
as supplemented, 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 pick-up 
truck folding bed cover systems and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,484,788 (``the '788 
patent'') and U.S. Patent No. 8,061,758 (``the '758 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES:  The complaint, 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, The 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 20, 2019, ORDERED THAT--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine 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 (2) by reason of infringement of one or more of 
claims 1-4 of the '788 patent and claims 2 and 3 of the '758 patent; 
and whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) 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 ``folding cover 
assemblies for pick-up truck cargo boxes and components thereof'';
    (3) 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:
    Extang Corporation, 5400 S. State Road, Ann Arbor, MI 48108.
    Laurmark Enterprises, Inc., d/b/a BAK Industries, 5400 Data Court, 
Ann Arbor, MI 48108.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is/are the parties upon which the 
complaint is to be served:
    Tyger Auto Inc., 2615 West Renaissance Parkway, Rialto, CA 92376.
    Cixi City Liyuan Auto Parts Co. Ltd., No. 72 Haiwei Avenue, West 
District, Guanhaiwei Industrial Park, Cixi City, Zhejiang Province, 
China 315145.
    Hong Kong Car Start Industries Co., Limited Shidai Xinju, Building 
NG No. 681, West Huancheng Road, Haishu District, Zhejian Province, 
China 315000.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) 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 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 complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
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 complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the 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 complaint and this notice

[[Page 71976]]

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: December 20, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-28006 Filed 12-27-19; 8:45 am]
BILLING CODE 7020-02-P