Certain Gas Spring Nailer Products and Components Thereof; Institution of a Modification Proceeding, 59543-59544 [2020-20842]

Download as PDF Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices Molders, Inc. of Jackson, Mississippi (‘‘UPM’’). 84 FR 36620–21 (July 29, 2019). The complaint, as supplemented, 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 certain fish-handling pliers and packaging thereof by reason of infringement of claims 1–11 of U.S. Patent No. 6,256,923 and U.S. Trademark Registration Nos. 4,980,923 (‘‘the ’923 mark’’) and 5,435,944 (‘‘the ’944 mark’’). Id. The complaint further alleged that a domestic industry exists. Id. The Commission’s notice of investigation named as respondents Yixing Five Union Industry & Trade Co., Ltd. of Yixing City, China; NOEBY Fishing Tackle Co., Ltd. of Weihai, China (‘‘NOEBY’’); Weihai iLure Fishing Tackle Co., Ltd. of Weihai, China; SamsFX of Yangzhou City, China (‘‘SamsFX’’); and Weihai Lotus Outdoor Co., Ltd. of Weihai, China. Id. The Office of Unfair Import Investigations is participating in the investigation. Id. On August 10, 2020, the Commission determined that UPM has shown a violation of section 337(a)(1)(C), 19 U.S.C. 1337(a)(1)(C), by NOEBY and SamsFX with respect to the ’923 and ’944 marks, and determined to issue a GEO with respect to those trademarks. That GEO, however, inadvertently contained language referring to the duration of a patent. The Commission has determined to issue a corrected GEO that removes that language. The Commission vote for these determinations took place on September 16, 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). While temporary remote operating procedures are in place in response to COVID–19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the Complainant(s) complete service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System (EDIS). By order of the Commission. VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 Issued: September 17, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–20886 Filed 9–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1465 (Final)] 4th Tier Cigarettes From Korea; Revised Schedule of the Final Phase of Antidumping Duty Investigation United States International Trade Commission. ACTION: Notice. AGENCY: DATES: August 19, 2020. FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708–1669), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (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. SUPPLEMENTARY INFORMATION: On July 15, 2020, the Commission established a schedule for the conduct of the final phase of the antidumping investigation (85 FR 46718, August 3, 2020). Subsequently, the Department of Commerce (‘‘Commerce’’) postponed the deadline for issuing the final determination to December 4, 2020 (85 FR 51011, August 19, 2020). The Commission, therefore, is revising its schedule to conform with Commerce’s new schedule. The Commission’s revised dates in the schedule are as follows: The prehearing staff report will be placed in the nonpublic record on November 16, 2020; the deadline for filing prehearing briefs is November 23, 2020; requests to appear at the hearing should be filed on or before November 25, 2020; a prehearing conference is on December 1, 2020, if deemed necessary; the hearing is on Thursday, December 3, 2020 at 9:30 a.m.; the deadline for filing posthearing briefs and for written statements from any person who has not entered an appearance as a party is PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 59543 December 10, 2020; final release of information is on December 29, 2020; and final party comments are due on December 31, 2020. For further information concerning the conduct of this phase of the investigation, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: September 16, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–20833 Filed 9–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1082 (Modification)] Certain Gas Spring Nailer Products and Components Thereof; Institution of a Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. 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: The Commission instituted this investigation on November 20, 2017, based on a complaint filed on behalf of Kyocera SUMMARY: E:\FR\FM\22SEN1.SGM 22SEN1 59544 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices Senco Brands Inc.1 (‘‘Kyocera’’ or ‘‘Requester’’) of Cincinnati, Ohio. 82 FR 55118–19 (Nov. 20, 2017). The complaint, as amended and supplemented, alleged 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 gas spring nailer products and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 8,387,718 (‘‘the ’718 patent’’); 8,011,547 (‘‘the ’547 patent’’); 8,267,296 (‘‘the ’296 patent’’); 8,27,297 (‘‘the ’297 patent’’); 8,286,722 (‘‘the ’722 patent’’); and 8,602,282 (‘‘the ’282 patent’’).2 The complaint further alleged the existence of a domestic industry. The Commission’s notice of investigation named as a respondent Hitachi Koki U.S.A., Ltd.3 (‘‘Koki’’) of Braselton, Georgia. The Office of Unfair Import Investigations did not participate in the investigation. The ’547 patent was terminated from the investigation and, prior to the evidentiary hearing, the parties stipulated that the ’718 patent is the only patent at issue since no violation could be shown as to the ’296, ’297, ’722, and ’282 patents. See Order No. 28 (Oct. 24, 2018); see also Joint Stipulation Regarding Order No. 28 (Oct. 26, 2018). On March 5, 2020, the Commission issued its final determination finding a violation of section 337 based on infringement, satisfaction of the domestic industry requirement, and non-invalidity with respect to the ’718 patent. 85 FR 14244–46 (Mar. 11, 2020). The Commission issued a limited exclusion order (‘‘LEO’’) directed against Koki’s infringing products, and a cease and desist order (‘‘CDO’’) directed against Koki. Id. On July 1, 2020, Koki filed an appeal to the U.S. Court of Appeals for the Federal Circuit which is currently pending (Appeal No. 20–2050). On June 30, 2020, U.S. Customs and Border Protection issued a ruling, pursuant to 19 CFR part 177, that a redesign of Koki’s is outside of the scope of the LEO issued in the investigation. In response, on August 17, 2020, Kyocera petitioned for institution of a modification proceeding, requesting the Commission to determine 1 During the investigation, Kyocera Senco Brands Inc. changed its name to Kyocera Senco Industrial Tools, Inc. See Final Initial Determination at 3 n.3 (citing Kyocera’s Initial Post-Hearing Br. at 4 n.3). 2 The Commission terminated the ’547 patent from the investigation in June 2018. See Order No. 13 (June 4, 2018), unreviewed by Comm’n Notice (June 22, 2018). 3 During the investigation, Hitachi Koki U.S.A., Ltd. changed its name to Koki Holdings America Ltd. See Hitachi’s Initial Post-Hearing Br. at 3. VerDate Sep<11>2014 18:01 Sep 21, 2020 Jkt 250001 if the redesign is outside of the scope of the LEO and CDO and to modify the orders to specify the status of the redesigns. On August 27, 2020, Koki filed an opposition to the petition. The Commission has determined that Requester’s petition complies with the requirements for institution of a modification proceeding under Commission Rule 210.76(a)(1) (19 CFR 210.76(a)(1)) to determine whether Koki’s redesigned, accused products infringe claims 1, 10, or 16 of the ’718 patent and whether the order should be modified to specify that. Accordingly, the Commission has determined to institute a modification proceeding and refer Requester’s petition to the Chief Administrative Law Judge as detailed in the accompanying Order. The assigned ALJ will make findings, may request briefing, and will issue a recommended determination (‘‘RD’’) to the Commission at the earliest practicable time after the date of publication of this notice in the Federal Register. The Commission will issue a modification opinion within 60 days of receipt of the ALJ’s RD unless the Commission otherwise orders. The following entities are named as parties to the proceeding: (1) Kyocera and (2) Koki. The Commission vote for this determination took place on September 16, 2020. The authority for the Commission’s determination is contained in sections 335 and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1335, 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 16, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–20842 Filed 9–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Submission for OMB Review; Comment Request; Notice of Request for Extension of Previously Approved Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery United States International Trade Commission. ACTION: 60-Day notice and request for comments. AGENCY: This notice announces the intention of the U.S. International Trade Commission (Commission) to request a three-year extension, under the SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Paperwork Reduction Act of 1995 (the Act), of the current generic clearance for the Collection of Qualitative Feedback on Agency Service Delivery that the Office of Management and Budget (OMB) previously approved. This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. The current generic survey clearance is assigned OMB Control No. 3117–0222; it will expire on November 30, 2020. The Commission requests comments concerning the proposed information collections under section 3506(c)(2)(A) of the Act; this notice describes such comments in greater detail in the SUPPLEMENTARY INFORMATION section. DATES: To assure that the Commission will consider your comments, it must receive them no later than 60 days after publication of this notice in the Federal Register. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW, Washington, DC. All written comments should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436 and filed electronically on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: You may obtain copies of supporting documents from Zachary Coughlin (zachary.coughlin@usitc.gov or 202– 205–3435). Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202–205–1810. You may also obtain general information concerning the Commission by accessing its website (https:// www.usitc.gov). SUPPLEMENTARY INFORMATION: Written Comments You may submit comments, identified by docket number MISC–034. All submissions should be addressed to the Secretary and must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission’s Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59543-59544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20842]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1082 (Modification)]


Certain Gas Spring Nailer Products and Components Thereof; 
Institution of a Modification Proceeding

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 determined to institute a modification proceeding in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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: The Commission instituted this investigation 
on November 20, 2017, based on a complaint filed on behalf of Kyocera

[[Page 59544]]

Senco Brands Inc.\1\ (``Kyocera'' or ``Requester'') of Cincinnati, 
Ohio. 82 FR 55118-19 (Nov. 20, 2017). The complaint, as amended and 
supplemented, alleged 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 gas spring 
nailer products and components thereof by reason of infringement of 
certain claims of U.S. Patent Nos. 8,387,718 (``the '718 patent''); 
8,011,547 (``the '547 patent''); 8,267,296 (``the '296 patent''); 
8,27,297 (``the '297 patent''); 8,286,722 (``the '722 patent''); and 
8,602,282 (``the '282 patent'').\2\ The complaint further alleged the 
existence of a domestic industry. The Commission's notice of 
investigation named as a respondent Hitachi Koki U.S.A., Ltd.\3\ 
(``Koki'') of Braselton, Georgia. The Office of Unfair Import 
Investigations did not participate in the investigation. The '547 
patent was terminated from the investigation and, prior to the 
evidentiary hearing, the parties stipulated that the '718 patent is the 
only patent at issue since no violation could be shown as to the '296, 
'297, '722, and '282 patents. See Order No. 28 (Oct. 24, 2018); see 
also Joint Stipulation Regarding Order No. 28 (Oct. 26, 2018).
---------------------------------------------------------------------------

    \1\ During the investigation, Kyocera Senco Brands Inc. changed 
its name to Kyocera Senco Industrial Tools, Inc. See Final Initial 
Determination at 3 n.3 (citing Kyocera's Initial Post-Hearing Br. at 
4 n.3).
    \2\ The Commission terminated the '547 patent from the 
investigation in June 2018. See Order No. 13 (June 4, 2018), 
unreviewed by Comm'n Notice (June 22, 2018).
    \3\ During the investigation, Hitachi Koki U.S.A., Ltd. changed 
its name to Koki Holdings America Ltd. See Hitachi's Initial Post-
Hearing Br. at 3.
---------------------------------------------------------------------------

    On March 5, 2020, the Commission issued its final determination 
finding a violation of section 337 based on infringement, satisfaction 
of the domestic industry requirement, and non-invalidity with respect 
to the '718 patent. 85 FR 14244-46 (Mar. 11, 2020). The Commission 
issued a limited exclusion order (``LEO'') directed against Koki's 
infringing products, and a cease and desist order (``CDO'') directed 
against Koki. Id. On July 1, 2020, Koki filed an appeal to the U.S. 
Court of Appeals for the Federal Circuit which is currently pending 
(Appeal No. 20-2050).
    On June 30, 2020, U.S. Customs and Border Protection issued a 
ruling, pursuant to 19 CFR part 177, that a redesign of Koki's is 
outside of the scope of the LEO issued in the investigation. In 
response, on August 17, 2020, Kyocera petitioned for institution of a 
modification proceeding, requesting the Commission to determine if the 
redesign is outside of the scope of the LEO and CDO and to modify the 
orders to specify the status of the redesigns. On August 27, 2020, Koki 
filed an opposition to the petition.
    The Commission has determined that Requester's petition complies 
with the requirements for institution of a modification proceeding 
under Commission Rule 210.76(a)(1) (19 CFR 210.76(a)(1)) to determine 
whether Koki's redesigned, accused products infringe claims 1, 10, or 
16 of the '718 patent and whether the order should be modified to 
specify that. Accordingly, the Commission has determined to institute a 
modification proceeding and refer Requester's petition to the Chief 
Administrative Law Judge as detailed in the accompanying Order. The 
assigned ALJ will make findings, may request briefing, and will issue a 
recommended determination (``RD'') to the Commission at the earliest 
practicable time after the date of publication of this notice in the 
Federal Register. The Commission will issue a modification opinion 
within 60 days of receipt of the ALJ's RD unless the Commission 
otherwise orders. The following entities are named as parties to the 
proceeding: (1) Kyocera and (2) Koki.
    The Commission vote for this determination took place on September 
16, 2020.
    The authority for the Commission's determination is contained in 
sections 335 and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 
1335, 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 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-20842 Filed 9-21-20; 8:45 am]
BILLING CODE 7020-02-P
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