Certain Toner Cartridges, Components Thereof, and Systems Containing Same; Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Summary Determination of a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding, 56628-56631 [2020-20122]
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Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Notices
The BLM considered the minimal
acreage to create a manageable boundary
to include lands needed to protect
existing improvements and to resolve
the inadvertent, unauthorized use. The
BLM may serve the public’s interest
through resolution and receiving
payment at FMV for the subject parcel.
If issued, the conveyance document
will be subject to valid existing rights
and encumbrances of record, including,
but not limited to, rights-of-way for
roads and public utilities, and
reservations for ditches and canals and
all mineral deposits.
In addition to this Notice of Realty
Action, a sale notice will be published
once a week for 3 weeks in the Craig
Daily Press. Only written comments
submitted by mail will be considered as
properly filed. Electronic mail,
facsimile, or verbal comments will not
be considered.
Before including your address, phone
number, email address, or other
personal identifying information (PII) in
your comment, you should be aware
that your comment, including your PII,
may be made publicly available at any
time. While you may ask us in your
comment to withhold your PII from
public review, the BLM cannot
guarantee that it will be able to do so.
Any adverse comments will be
reviewed by the BLM Colorado State
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the Department of the Interior, who may
sustain, vacate, or modify this realty
action in whole or in part. In the
absence of timely filed objections, this
realty action will become the final
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Interior.
related actions in the National Register
of Historic Places.
DATES: Comments should be submitted
electronically by September 29, 2020.
ADDRESSES: Comments are encouraged
to be submitted electronically to
National_Register_Submissions@
nps.gov with the subject line ‘‘Public
Comment on <property or proposed
district name, (County) State>.’’ If you
have no access to email you may send
them via U.S. Postal Service and all
other carriers to the National Register of
Historic Places, National Park Service,
1849 C Street NW, MS 7228,
Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The
properties listed in this notice are being
considered for listing or related actions
in the National Register of Historic
Places. Nominations for their
consideration were received by the
National Park Service before August 29,
2020. Pursuant to Section 60.13 of 36
CFR part 60, comments are being
accepted concerning the significance of
the nominated properties under the
National Register criteria for evaluation.
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.
Nominations submitted by State or
Tribal Historic Preservation Officers:
(Authority: 43 CFR 2091.2–1(b))
ILLINOIS
Jamie E. Connell,
Colorado State Director.
Mercer County
Verdurette, 665 65th Ave. New Boston,
SG100005658
[FR Doc. 2020–20114 Filed 9–11–20; 8:45 am]
BILLING CODE 4310–HC–P
MISSOURI
Jackson County
East Ninth Street-Grand Boulevard Historic
District, Roughly bounded by Main,
McGee, East 8th and East 10th Sts., Kansas
City, SG100005660
Community Church, 4601 Main St., Kansas
City, SG100005662
Wheatley-Provident Hospital, 1826 Forest
Ave., Kansas City, SG100005665
Miller County
Grand Auglaize Bridge, Swinging Bridges Rd.
across Grand Auglaize Cr., Brumley
vicinity, SG100005663
St. Louis County
Bank of St. Ann, 10449 St. Charles Rock Rd.,
St. Ann, SG100005661
St. Louis Independent City, Metropolitan
Police Garage, 3919 Laclede Ave., St.
Louis, SG100005664
PENNSYLVANIA
Erie County
Orton, Almerion C. & Barbara Moseman,
Farm (Agricultural Resources of
Pennsylvania c1700–1960 MPS), 7853
Knoyle Rd., Wattsburg, MP100005655
Monroe County
Parkside Chapel, 5335 Paradise Valley Rd.,
Henryville, SG100005656
Philadelphia County
Edward Corner Marine Merchandise
Warehouse, 1100–1102 North Delaware
Ave., Philadelphia, SG100005654
VERMONT
Windsor County
Park Street School (Educational Resources of
Vermont MPS), 60 Park St., Springfield,
MP100005653
Authority: Section 60.13 of 36 CFR part 60.
Dated: September 1, 2020.
Sherry A. Frear,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
[FR Doc. 2020–20188 Filed 9–11–20; 8:45 am]
BILLING CODE 4312–52–P
IOWA
DEPARTMENT OF THE INTERIOR
National Park Service
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[NPS–WASO–NRNHL–DTS#-30831;
PPWOCRADI0, PCU00RP14.R50000]
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The National Park Service is
soliciting electronic comments on the
significance of properties nominated
before August 29, 2020, for listing or
SUMMARY:
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Muscatine County
Leith, Doctor Alexander R. (A.R.) and Louisa
J., House, 117 West 6th St., Wilton,
SG100005657
INTERNATIONAL TRADE
COMMISSION
MARYLAND
Certain Toner Cartridges, Components
Thereof, and Systems Containing
Same; Commission Determination Not
To Review an Initial Determination
Granting Complainants’ Motion for
Summary Determination of a Violation
of Section 337; Schedule for Filing
Written Submissions on Remedy, the
Public Interest, and Bonding
Charles County
Moyaone Reserve Historic District, Roughly
bounded by Bryan Point Rd., Piscataway
Park, Overlook Dr./Old Landing Rd., and
Farmington Rd. West, Bryans Road
vicinity, SG100005659
Prince George’s County
Moyaone Reserve Historic District, Roughly
bounded by Bryan Point Rd., Piscataway
Park, Overlook Dr./Old Landing Rd., and
Farmington Rd. West, ≤Accokeek vicinity,
SG100005659
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[Investigation No. 337–TA–1174]
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Notices
Notice is hereby given that,
on July 23, 2020, the presiding
administrative law judge (‘‘ALJ’’) issued
an initial determination (‘‘ID’’) (Order
No. 40) in the above-captioned
investigation, granting summary
determination on violation of section
337 and including a recommended
determination (‘‘RD’’) on remedy and
bonding. The Commission has
determined not to review the ID. The
Commission requests briefing from the
parties, interested government agencies,
and interested persons on the issues of
remedy, the public interest, and
bonding.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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
September 17, 2019, the Commission
instituted this investigation based on a
complaint filed by Brother Industries,
Ltd. of Nagoya Japan; Brother
International Corp. (U.S.A.) of
Bridgewater, New Jersey; and Brother
Industries (U.S.A.), Inc. of Bartlett,
Tennessee (collectively, ‘‘Brother’’). 84
FR 49762–63 (Sept. 23, 2019). The
complaint alleged violations of section
337 based on the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain toner cartridges,
components thereof, and systems
containing same by reason of
infringement of certain claims of U.S.
Patent Nos. 9,568,856; 9,575,460;
9,632,456; 9,785,093; and 9,846,387
(collectively, ‘‘the Asserted Patents’’).
Id. The Commission’s notice of
investigation named the following 32
respondents: AMI Brothers, Inc. of San
Bruno, California (‘‘AMI’’); An An
Beauty Limited of Kowloon, Hong Kong
(‘‘An An Beauty’’); Aster Graphics, Inc.
of Riverside, California (‘‘Aster’’);
Aztech Enterprises Limited of Kowloon,
Hong Kong (‘‘Aztech’’); Billiontree
Technology USA Inc. of City of
Industry, California (‘‘Billiontree’’);
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Carlos Imaging Supplies, Inc. of
Hacienda Heights, California (‘‘Carlos’’);
Cartridge Evolution, Inc. of Brooklyn,
New York (‘‘Cartridge Evolution’’); Do it
Wiser, LLC of Wilmington, Delaware
(‘‘Do it Wiser’’); Eco Imaging Inc. of
Irvine, California (‘‘Eco Imaging’’);
Ecoolsmart Co. of Rowland Heights,
California (‘‘Ecoolsmart’’); EPrinter
Solution LLC of Pomona, California
(‘‘EPS’’); E–Z Ink Inc. of Brooklyn, New
York (‘‘E–Z Ink’’); Globest Trading Inc.
of Ontario, California (‘‘Globest’’);
Greencycle Tech, Inc. of South El
Monte, California (‘‘Greencycle’’);
Hongkong Boze Co., Ltd. of Kowloon,
Hong Kong (‘‘Hongkong Boze’’); I8
International, Inc. of City of Industry,
California (‘‘I8’’); IFree E-Commerce Co.
of Kowloon, Hong Kong (‘‘IFree’’); Ikong
E-Commerce of Walnut, California
(‘‘Ikong’’); Intercon International Corp.
of Brea, California (‘‘Intercon’’); IPrint
Enterprise Limited of Kowloon, Hong
Kong (‘‘IPrint’’); LD Products, Inc. of
Long Beach, California (‘‘LD Products’’);
Linkyo Corp. of La Puente, California
(‘‘Linkyo’’); Mangoket LLC of Alhambra,
California (‘‘Mangoket’’); New Era Image
LLC of Corona, California (‘‘New Era’’);
OW Supplies Corp. of Corona,
California (‘‘OW Supplies’’); Solong ECommerce Co., LLC of Wan Chai, Hong
Kong (‘‘Solong’’); Smartjet E-Commerce
Co., LLC of Wan Chai, Hong Kong
(‘‘Smartjet’’); Super Warehouse Inc. of
Blaine, Washington (‘‘Super
Warehouse’’); Theresa Meng of
Brooklyn, New York (‘‘Ms. Meng’’);
Triple Best LLC of San Diego, California
(‘‘Triple Best’’); V4ink, Inc. of Diamond
Bar, California (‘‘V4ink’’); and Zhuhai
Xiaohui E-Commerce Co., Ltd. of
Zhuhai, China (‘‘Xiaohui’’). Id. at
49762–63. The notice of investigation
also names the Office of Unfair Import
Investigations (‘‘OUII’’) as a party. Id. at
49763.
Of the 32 respondents, only one,
Aster, is participating at this stage.
Aster, however, decided not to oppose
the summary determination motion of
violation as to the accused products,
even though Aster’s products are subject
to the motion. See Joint Stipulation of
Brother and Aster for Resolution as to
Aster in the Investigation (Mar. 4, 2020).
EPS and IFree were terminated from the
investigation based upon withdrawal of
the complaint against them. See Order
No. 32 (Jan. 28, 2020), unreviewed by
Comm’n Notice (Feb. 25, 2020).
Cartridge Evolution, E–Z Ink, Linkyo,
New Era, OW Supplies, Ms. Meng,
Triple Best, and V4ink were terminated
from the investigation based upon entry
of consent orders. See Order No. 36
(Mar. 12, 2020), unreviewed by Comm’n
PO 00000
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56629
Notice (Mar. 31, 2020); Order No 38
(Mar. 12, 2020), unreviewed by Comm’n
Notice (Mar. 31, 2020); Order No. 37
(Mar. 12, 2020), unreviewed by Comm’n
Notice (Mar. 31, 2020); Order No. 10
(Oct. 18, 2019), unreviewed by Comm’n
Notice (Nov. 6, 2019); Order No. 17
(Nov. 21, 2019), unreviewed by Comm’n
Notice (Dec. 18, 2019); Order No. 28
(Dec. 30, 2019), unreviewed by Comm’n
Notice (Jan. 29, 2020); Order No. 18
(Nov. 27, 2019), unreviewed by Comm’n
Notice (Dec. 18, 2019); Order No. 33 (Fe.
3, 2020), unreviewed by Comm’n Notice
(Mar. 4, 2020). The following 21
respondents defaulted: AMI, Globest,
An An Beauty, Aztech, Xiaohui,
Ecoolmart, Greencycle, Intercon, Do it
Wiser, I8, Solong, Billiontree, Carlos
Imaging, Eco Imaging, Hongkong Boze,
Ikong, IPrint, Mangoket, Smartjet, Super
Warehouse, and LD Products
(collectively, ‘‘Defaulting
Respondents’’). See Order No. 35 (Mar.
5, 2020), unreviewed by Comm’n Notice
(Mar. 19, 2020); Order No. 31 (Jan. 22,
2020), unreviewed by Comm’n Notice
(Feb. 21, 2020); Order No. 26 (Dec. 20,
2019), unreviewed by Comm’n Notice
(Jan 16, 2020); Order No. 25 (Dec. 18,
2019), unreviewed by Comm’n Notice
(Jan. 16, 2020); Order No. 24 (Dec. 18,
2019), unreviewed by Comm’n Notice
(Jan. 16, 2020); Order No. 8 (Oct. 15,
2019), unreviewed by Comm’n Notice
(Nov. 7, 2019).
On March 12, 2020, Brother filed a
motion for summary determination of
violation of section 337 by Aster and the
Defaulting Respondents and for a
recommendation that the Commission
issue a general exclusion order and
cease and desist orders. See
Complainants’ Motion for Summary
Determination of Violation and for
Recommended Determination on
Remedy and Bonding. On March 23,
2020, OUII filled a response in support
of Brother’s motion. See Commission
Investigative Staff’s Response to
Brother’s Motion for Summary
Determination of Violation. No
respondent filed a response to Brother’s
motion. Id.
On July 23, 2020, the ALJ issued the
subject ID granting summary
determination of violation of section
337 by Aster and Defaulting
Respondents. The ID finds that the
Commission has subject matter
jurisdiction over the investigation. ID at
34. The ID further finds that none of the
respondents contest the Commission’s
personal jurisdiction over them or in
rem jurisdiction as to the accused
products. ID at 34–35. The ID finds that
Brother: (1) Established the importation
requirement as to Aster and Defaulting
Respondents, ID at 36–79; (2)
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demonstrated that the accused products
infringe the asserted claims, id. at 118–
133; and (3) demonstrated that the
domestic industry (‘‘DI’’) products
practice at least one claim of each
Asserted Patent and that a DI exists in
the United States, id. at 84–118. The RD
recommends issuance of a general
exclusion order (‘‘GEO’’) (or, in the
alternative, a limited exclusion order
directed to Aster and each of the
Defaulting Respondents). Id. at 134–44.
The RD further recommends issuance of
cease and desist orders (‘‘CDOs’’)
directed to Aster and each defaulting
respondent that has domestic
operations. Id. at 144–46. The RD also
recommends setting different bond rates
for entry of the different products
covered by the GEO during the period
of Presidential review. Id. at 146–48
(recommended bond rate table at 147).
No one petitioned for review of the ID.
The Commission has determined not
to review the ID.
On August 24, 2020, Aster filed a
public interest statement in response to
the Commission’s notice soliciting
public interest comments pursuant to 19
CFR 210.50(a)(4)(i). In its submission,
Aster argued that any Commission
remedial orders issued in this
investigation should not cover its new
products pursuant to its stipulation with
Brother. See Respondent Aster
Graphics, Inc.’s Statement of Public
Interest. On August 26, 2020, Brother
filed a response. See Complainants’
Motion to Strike Aster Graphics, Inc.’s
Statement on the Public Interest for
Failure to Comply with Commission
Rule 210.15 Or, in the Alternative, for
Leave to Respond. The Commission has
determined to reject Aster’s submission
as improper under 19 CFR
210.50(a)(4)(i). 19 CFR 210.50(a)(4)(i)
provides that parties may file
information with the Commission
relating to the public interest. Aster’s
submission, however, concerns the
scope of the remedy and therefore does
not fall within the ambit of the public
interest submissions provided for under
19 CFR 210.50(a)(4)(i). Brother’s
response is thereby moot. The
Commission notes that Aster will have
an opportunity to raise its arguments
regarding the scope of any remedial
orders in a remedy submission before
the Commission in response to the
instant notice, which invites parties to
file submissions addressing remedy,
bonding and the public interest as noted
below.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of: (1) An
exclusion order that could result in the
exclusion of the subject articles from
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17:51 Sep 11, 2020
Jkt 250001
entry into the United States, and/or (2)
one or more cease and desist orders that
could result in Aster and the Defaulting
Respondents being required to cease
and desist from engaging in unfair acts
in the importation and sale of such
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994).
The statute requires the Commission
to consider the effects of any remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and/or CDO would have
on: (1) The public health and welfare;
(2) competitive conditions in the U.S.
economy; (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation;
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: Parties to this
investigation, interested government
agencies, and any other interested
parties are invited to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should include views on
the recommended determination by the
ALJ on remedy and bonding.
In their initial written submissions,
Brother is also requested to identify the
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remedy sought and Brother and OUII are
also requested to submit proposed
remedial orders for the Commission’s
consideration. Brother is further
requested to identify the dates the
Asserted Patents expire, to provide the
HTSUS subheadings under which the
subject articles are imported, and to
supply identification information for all
known importers of the subject articles.
Initial written submissions, including
proposed remedial orders, must be filed
no later than close of business on
September 22, 2020. Reply submissions
must be filed no later than the close of
business on September 29, 2020. No
further submissions on any of these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798 (Mar.
19, 2020). Submissions should refer to
the investigation number (Inv. No. 337–
TA–1174) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). 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
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. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. 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, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
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Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Notices
agreements. All non-confidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.
The Commission vote for these
determinations took place on September
8, 2020.
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: September 8, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–20122 Filed 9–11–20; 8:45 am]
BILLING CODE 7020–02–P
Drug Enforcement Administration
[Docket No. DEA–713]
Importer of Controlled Substances
Application: Cerilliant Corporation
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
Cerilliant Corporation has
applied to be registered as an importer
of basic class(es) of controlled
substance(s). Refer to Supplemental
Information listed below for further
drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration on
or before October 14, 2020. Such
persons may also file a written request
for a hearing on the application on or
before October 14, 2020.
SUMMARY:
Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for a hearing must
be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All request for a hearing
should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/OALJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/DPW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
ADDRESSES:
DEPARTMENT OF JUSTICE
In
accordance with 21 CFR 1301.34(a), this
is notice that on July 23, 2020, Cerilliant
Corporation, 811 Paloma Drive, Suite A,
Round Rock, Texas 78665–2402,
applied to be registered as an importer
of the following basic classes of
controlled substance(s):
SUPPLEMENTARY INFORMATION:
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Controlled substance
Drug code
3-Fluoro-N-methylcathinone (3-FMC) ....................................................................................................................................
Cathinone ..............................................................................................................................................................................
Methcathinone .......................................................................................................................................................................
4-Fluoro-N-methylcathinone (4-FMC) ....................................................................................................................................
Pentedrone (a-methylaminovalerophenone) .........................................................................................................................
Mephedrone (4-Methyl-N-methylcathinone) ..........................................................................................................................
4-Methyl-N-ethylcathinone (4-MEC) ......................................................................................................................................
Naphyrone .............................................................................................................................................................................
N-Ethylamphetamine .............................................................................................................................................................
N,N-Dimethylamphetamine ....................................................................................................................................................
Fenethylline ...........................................................................................................................................................................
Methaqualone ........................................................................................................................................................................
JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl) indole) .........................................................................................................
SR-18 (Also known as RCS-8) (1-Cyclohexylethyl-3-(2-methoxyphenylacetyl) indole) .......................................................
5-Fluoro-UR-144 and XLR11 [1-(5-Fluoro-pentyl)1H-indol-3-yl] (2,2,3,3-tetramethylcyclopropyl)methanone .....................
AB-FUBINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) ............................
JWH-019 (1-Hexyl-3-(1-naphthoyl)indole) .............................................................................................................................
AB-PINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ................................................
THJ-2201 ([1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone) .......................................................................
AB-CHMINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide) ......................
ADB-PINACA (N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ........................................
APINACA and AKB48 (N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide) ..................................................................
JWH-081 (1-Pentyl-3-(1-(4-methoxynaphthoyl) indole) .........................................................................................................
SR-19 (Also known as RCS-4) (1-Pentyl-3-[(4-methoxy)-benzoyl] indole) ...........................................................................
JWH-018 (also known as AM678) (1-Pentyl-3-(1-naphthoyl)indole) ....................................................................................
JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl) indole) ............................................................................................................
UR-144 (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone ........................................................................
JWH-073 (1-Butyl-3-(1-naphthoyl)indole) ..............................................................................................................................
JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole) .................................................................................................
AM2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl) indole) .............................................................................................................
JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl) indole) ............................................................................................................
PB-22 (Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate) ........................................................................................................
5F-PB-22 (Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate) ....................................................................................
Alpha-ethyltryptamine ............................................................................................................................................................
Ibogaine .................................................................................................................................................................................
CP-47,497 (5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl-phenol) .......................................................................
CP-47,497 C8 Homologue (5-(1,1-Dimethyloctyl)-2-[(1R,3S)3-hydroxycyclohexyl-phenol) .................................................
Lysergic acid diethylamide ....................................................................................................................................................
2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine .......................................................................................................
Marihuana ..............................................................................................................................................................................
Parahexyl ...............................................................................................................................................................................
Mescaline ...............................................................................................................................................................................
2C-T-2 (2-(4-Ethylthio-2,5-dimethoxyphenyl) ethanamine ) ..................................................................................................
3,4,5-Trimethoxyamphetamine ..............................................................................................................................................
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]]>Agencies
[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Notices]
[Pages 56628-56631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20122]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1174]
Certain Toner Cartridges, Components Thereof, and Systems
Containing Same; Commission Determination Not To Review an Initial
Determination Granting Complainants' Motion for Summary Determination
of a Violation of Section 337; Schedule for Filing Written Submissions
on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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[[Page 56629]]
SUMMARY: Notice is hereby given that, on July 23, 2020, the presiding
administrative law judge (``ALJ'') issued an initial determination
(``ID'') (Order No. 40) in the above-captioned investigation, granting
summary determination on violation of section 337 and including a
recommended determination (``RD'') on remedy and bonding. The
Commission has determined not to review the ID. The Commission requests
briefing from the parties, interested government agencies, and
interested persons on the issues of remedy, the public interest, and
bonding.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 September 17, 2019, the Commission
instituted this investigation based on a complaint filed by Brother
Industries, Ltd. of Nagoya Japan; Brother International Corp. (U.S.A.)
of Bridgewater, New Jersey; and Brother Industries (U.S.A.), Inc. of
Bartlett, Tennessee (collectively, ``Brother''). 84 FR 49762-63 (Sept.
23, 2019). The complaint alleged violations of section 337 based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain toner
cartridges, components thereof, and systems containing same by reason
of infringement of certain claims of U.S. Patent Nos. 9,568,856;
9,575,460; 9,632,456; 9,785,093; and 9,846,387 (collectively, ``the
Asserted Patents''). Id. The Commission's notice of investigation named
the following 32 respondents: AMI Brothers, Inc. of San Bruno,
California (``AMI''); An An Beauty Limited of Kowloon, Hong Kong (``An
An Beauty''); Aster Graphics, Inc. of Riverside, California
(``Aster''); Aztech Enterprises Limited of Kowloon, Hong Kong
(``Aztech''); Billiontree Technology USA Inc. of City of Industry,
California (``Billiontree''); Carlos Imaging Supplies, Inc. of Hacienda
Heights, California (``Carlos''); Cartridge Evolution, Inc. of
Brooklyn, New York (``Cartridge Evolution''); Do it Wiser, LLC of
Wilmington, Delaware (``Do it Wiser''); Eco Imaging Inc. of Irvine,
California (``Eco Imaging''); Ecoolsmart Co. of Rowland Heights,
California (``Ecoolsmart''); EPrinter Solution LLC of Pomona,
California (``EPS''); E-Z Ink Inc. of Brooklyn, New York (``E-Z Ink'');
Globest Trading Inc. of Ontario, California (``Globest''); Greencycle
Tech, Inc. of South El Monte, California (``Greencycle''); Hongkong
Boze Co., Ltd. of Kowloon, Hong Kong (``Hongkong Boze''); I8
International, Inc. of City of Industry, California (``I8''); IFree E-
Commerce Co. of Kowloon, Hong Kong (``IFree''); Ikong E-Commerce of
Walnut, California (``Ikong''); Intercon International Corp. of Brea,
California (``Intercon''); IPrint Enterprise Limited of Kowloon, Hong
Kong (``IPrint''); LD Products, Inc. of Long Beach, California (``LD
Products''); Linkyo Corp. of La Puente, California (``Linkyo'');
Mangoket LLC of Alhambra, California (``Mangoket''); New Era Image LLC
of Corona, California (``New Era''); OW Supplies Corp. of Corona,
California (``OW Supplies''); Solong E-Commerce Co., LLC of Wan Chai,
Hong Kong (``Solong''); Smartjet E-Commerce Co., LLC of Wan Chai, Hong
Kong (``Smartjet''); Super Warehouse Inc. of Blaine, Washington
(``Super Warehouse''); Theresa Meng of Brooklyn, New York (``Ms.
Meng''); Triple Best LLC of San Diego, California (``Triple Best'');
V4ink, Inc. of Diamond Bar, California (``V4ink''); and Zhuhai Xiaohui
E-Commerce Co., Ltd. of Zhuhai, China (``Xiaohui''). Id. at 49762-63.
The notice of investigation also names the Office of Unfair Import
Investigations (``OUII'') as a party. Id. at 49763.
Of the 32 respondents, only one, Aster, is participating at this
stage. Aster, however, decided not to oppose the summary determination
motion of violation as to the accused products, even though Aster's
products are subject to the motion. See Joint Stipulation of Brother
and Aster for Resolution as to Aster in the Investigation (Mar. 4,
2020). EPS and IFree were terminated from the investigation based upon
withdrawal of the complaint against them. See Order No. 32 (Jan. 28,
2020), unreviewed by Comm'n Notice (Feb. 25, 2020). Cartridge
Evolution, E-Z Ink, Linkyo, New Era, OW Supplies, Ms. Meng, Triple
Best, and V4ink were terminated from the investigation based upon entry
of consent orders. See Order No. 36 (Mar. 12, 2020), unreviewed by
Comm'n Notice (Mar. 31, 2020); Order No 38 (Mar. 12, 2020), unreviewed
by Comm'n Notice (Mar. 31, 2020); Order No. 37 (Mar. 12, 2020),
unreviewed by Comm'n Notice (Mar. 31, 2020); Order No. 10 (Oct. 18,
2019), unreviewed by Comm'n Notice (Nov. 6, 2019); Order No. 17 (Nov.
21, 2019), unreviewed by Comm'n Notice (Dec. 18, 2019); Order No. 28
(Dec. 30, 2019), unreviewed by Comm'n Notice (Jan. 29, 2020); Order No.
18 (Nov. 27, 2019), unreviewed by Comm'n Notice (Dec. 18, 2019); Order
No. 33 (Fe. 3, 2020), unreviewed by Comm'n Notice (Mar. 4, 2020). The
following 21 respondents defaulted: AMI, Globest, An An Beauty, Aztech,
Xiaohui, Ecoolmart, Greencycle, Intercon, Do it Wiser, I8, Solong,
Billiontree, Carlos Imaging, Eco Imaging, Hongkong Boze, Ikong, IPrint,
Mangoket, Smartjet, Super Warehouse, and LD Products (collectively,
``Defaulting Respondents''). See Order No. 35 (Mar. 5, 2020),
unreviewed by Comm'n Notice (Mar. 19, 2020); Order No. 31 (Jan. 22,
2020), unreviewed by Comm'n Notice (Feb. 21, 2020); Order No. 26 (Dec.
20, 2019), unreviewed by Comm'n Notice (Jan 16, 2020); Order No. 25
(Dec. 18, 2019), unreviewed by Comm'n Notice (Jan. 16, 2020); Order No.
24 (Dec. 18, 2019), unreviewed by Comm'n Notice (Jan. 16, 2020); Order
No. 8 (Oct. 15, 2019), unreviewed by Comm'n Notice (Nov. 7, 2019).
On March 12, 2020, Brother filed a motion for summary determination
of violation of section 337 by Aster and the Defaulting Respondents and
for a recommendation that the Commission issue a general exclusion
order and cease and desist orders. See Complainants' Motion for Summary
Determination of Violation and for Recommended Determination on Remedy
and Bonding. On March 23, 2020, OUII filled a response in support of
Brother's motion. See Commission Investigative Staff's Response to
Brother's Motion for Summary Determination of Violation. No respondent
filed a response to Brother's motion. Id.
On July 23, 2020, the ALJ issued the subject ID granting summary
determination of violation of section 337 by Aster and Defaulting
Respondents. The ID finds that the Commission has subject matter
jurisdiction over the investigation. ID at 34. The ID further finds
that none of the respondents contest the Commission's personal
jurisdiction over them or in rem jurisdiction as to the accused
products. ID at 34-35. The ID finds that Brother: (1) Established the
importation requirement as to Aster and Defaulting Respondents, ID at
36-79; (2)
[[Page 56630]]
demonstrated that the accused products infringe the asserted claims,
id. at 118-133; and (3) demonstrated that the domestic industry
(``DI'') products practice at least one claim of each Asserted Patent
and that a DI exists in the United States, id. at 84-118. The RD
recommends issuance of a general exclusion order (``GEO'') (or, in the
alternative, a limited exclusion order directed to Aster and each of
the Defaulting Respondents). Id. at 134-44. The RD further recommends
issuance of cease and desist orders (``CDOs'') directed to Aster and
each defaulting respondent that has domestic operations. Id. at 144-46.
The RD also recommends setting different bond rates for entry of the
different products covered by the GEO during the period of Presidential
review. Id. at 146-48 (recommended bond rate table at 147). No one
petitioned for review of the ID.
The Commission has determined not to review the ID.
On August 24, 2020, Aster filed a public interest statement in
response to the Commission's notice soliciting public interest comments
pursuant to 19 CFR 210.50(a)(4)(i). In its submission, Aster argued
that any Commission remedial orders issued in this investigation should
not cover its new products pursuant to its stipulation with Brother.
See Respondent Aster Graphics, Inc.'s Statement of Public Interest. On
August 26, 2020, Brother filed a response. See Complainants' Motion to
Strike Aster Graphics, Inc.'s Statement on the Public Interest for
Failure to Comply with Commission Rule 210.15 Or, in the Alternative,
for Leave to Respond. The Commission has determined to reject Aster's
submission as improper under 19 CFR 210.50(a)(4)(i). 19 CFR
210.50(a)(4)(i) provides that parties may file information with the
Commission relating to the public interest. Aster's submission,
however, concerns the scope of the remedy and therefore does not fall
within the ambit of the public interest submissions provided for under
19 CFR 210.50(a)(4)(i). Brother's response is thereby moot. The
Commission notes that Aster will have an opportunity to raise its
arguments regarding the scope of any remedial orders in a remedy
submission before the Commission in response to the instant notice,
which invites parties to file submissions addressing remedy, bonding
and the public interest as noted below.
In connection with the final disposition of this investigation, the
statute authorizes issuance of: (1) An exclusion order that could
result in the exclusion of the subject articles from entry into the
United States, and/or (2) one or more cease and desist orders that
could result in Aster and the Defaulting Respondents being required to
cease and desist from engaging in unfair acts in the importation and
sale of such articles. Accordingly, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered. If a party seeks exclusion of an article from
entry into the United States for purposes other than entry for
consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or likely to do so. For background, see Certain
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
The statute requires the Commission to consider the effects of any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or CDO would have on: (1) The public health and welfare; (2)
competitive conditions in the U.S. economy; (3) U.S. production of
articles that are like or directly competitive with those that are
subject to investigation; and (4) U.S. consumers. The Commission is
therefore interested in receiving written submissions that address the
aforementioned public interest factors in the context of this
investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to this investigation, interested
government agencies, and any other interested parties are invited to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should include views on the recommended
determination by the ALJ on remedy and bonding.
In their initial written submissions, Brother is also requested to
identify the remedy sought and Brother and OUII are also requested to
submit proposed remedial orders for the Commission's consideration.
Brother is further requested to identify the dates the Asserted Patents
expire, to provide the HTSUS subheadings under which the subject
articles are imported, and to supply identification information for all
known importers of the subject articles.
Initial written submissions, including proposed remedial orders,
must be filed no later than close of business on September 22, 2020.
Reply submissions must be filed no later than the close of business on
September 29, 2020. No further submissions on any of these issues will
be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1174) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). 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 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. A
redacted non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure
[[Page 56631]]
agreements. All non-confidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
The Commission vote for these determinations took place on
September 8, 2020.
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: September 8, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-20122 Filed 9-11-20; 8:45 am]
BILLING CODE 7020-02-P
