Certain Percussive Massage Devices; Commission Determination Not to Review an Initial Determination Granting Motions To Intervene by Shenzhen Xinde Technology Co., Ltd. and Yongkang Aijiu Industrial & Trade Co., Ltd. in the Investigation, 67372-67373 [2020-23354]

Download as PDF 67372 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: On July 7, 2020, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Cabot Microelectronics Corporation of Aurora, Illinois (‘‘Cabot’’). 85 FR 40685–86 (Jul. 7, 2020). The complaint alleges a violation 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 chemical mechanical planarization slurries and components thereof by reason of infringement of one or more of claims 1, 3–6, 10, 11, 13, 14, 18–20, 24, 26–29, 31, 35–37, and 39–44 of U.S. Patent No. 9,499,721 (‘‘the ’721 patent’’). The complaint also alleges the existence of a domestic industry. The notice of investigation names as respondents DuPont de Nemours, Inc. of Wilmington, Delaware; Rohm and Haas Electronic Materials CMP Inc. of Newark, Delaware; Rohm and Haas Electronic Materials CMP Asia Inc. (d/ b/a Rohm and Haas Electronic Materials CMP Asia Inc., Taiwan Branch (U.S.A.)) of Taoyuan City, Taiwan; Rohm and Haas Electronic Materials Asia-Pacific Co., Ltd. of Miaoli, Taiwan; Rohm and Haas Electronic Materials K.K. of Tokyo, Japan; and Rohm and Haas Electronic Materials LLC of Marlborough, Massachusetts. Id. at 40686. The Commission’s Office of Unfair Import Investigations is also named as a party in this investigation. Id. On September 3, 2020, pursuant to Commission Rule 210.14(b)(1), 19 CFR 210.14(b)(1), complainant Cabot filed a motion for leave to amend the complaint and the notice of investigation to assert infringement of claims 17 and 46 of the ‘721 patent. Mot. at 1. The motion states that ‘‘[a]ll other parties stated that they will not VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 oppose this Motion.’’ Id. No response was filed. On October 1, 2020, the ALJ issued the subject ID (Order No. 7) granting complainant’s motion. The ID finds that, based on the review of the evidence, good cause exists to amend the complaint and the notice of investigation to add an allegation of infringement of claims 17 and 46 of the ‘721 patent. The ID further finds that this amendment would not prejudice the public interest or the rights of the parties to the investigation. No party petitioned for review of the ID. The Commission has determined not to review the subject ID. The Commission vote for this determination took place on October 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. By order of the Commission. Issued: October 19, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–23415 Filed 10–21–20; 8:45 am] BILLING CODE 7020–02–P Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On September 30, 2020, the Commission established a schedule for the conduct of the preliminary phase of the subject investigations (85 FR 63137, October 6, 2020). Subsequently, the Department of Commerce (‘‘Commerce’’) extended the date for its initiation determinations in the investigations from October 20, 2020 to November 9, 2020 (85 FR 65028, October 14, 2020). The Commission, therefore, is revising its schedule to conform with Commerce’s new schedule. The Commission must reach preliminary determinations by December 4, 2020, and the Commission’s views must be transmitted to Commerce within five business days thereafter, or by December 11, 2020. For further information concerning this proceeding, see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: These investigations are 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. INTERNATIONAL TRADE COMMISSION By order of the Commission. Issued: October 16, 2020. Lisa Barton, Secretary to the Commission. [Investigation Nos. 701–TA–660–661 and 731–TA–1543–1545 (Preliminary)] [FR Doc. 2020–23359 Filed 10–21–20; 8:45 am] Utility Scale Wind Towers From India, Malaysia, and Spain Revised Schedule for the Subject Investigations United States International Trade Commission. ACTION: Notice. AGENCY: DATES: October 16, 2020. FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205–3062), 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 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1206] Certain Percussive Massage Devices; Commission Determination Not to Review an Initial Determination Granting Motions To Intervene by Shenzhen Xinde Technology Co., Ltd. and Yongkang Aijiu Industrial & Trade Co., Ltd. in the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 11) of the presiding administrative law judge (‘‘ALJ’’), granting unopposed motions to intervene by third parties Shenzhen Xinde Technology Co., Ltd. (‘‘Xinde’’) and Yongkang Aijiu Industrial & Trade SUMMARY: E:\FR\FM\22OCN1.SGM 22OCN1 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices Co., Ltd. (‘‘Aijiu’’) in the aboveidentified investigation. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–2392. 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on July 22, 2020, based on a complaint filed on behalf of Hyper Ice, Inc. (‘‘Hyper Ice’’) of Irvine, California. 85 FR 44322 (July 22, 2020). The complaint, as supplemented, alleges 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 percussive massage devices by reason of infringement of certain claims of U.S. Patent No. 10,561,574; U.S. Design Patent No. D855,822; and U.S. Design Patent No. D886,317. The complaint further alleges that a domestic industry exists. The Commission’s notice of investigation named nineteen respondents. The notice of investigation also named the Office of Unfair Import Investigations (‘‘OUII’’) as a party. On September 17, 2020, third parties Xinde and Aijiu each moved to intervene as a respondent in the investigation because they have an interest in infringement issues as to the asserted patents. Xinde and Aijiu have certified that Complainant Hyper Ice and the Respondents that have appeared in the investigation do not oppose their motions. On September 24, 2020, OUII filed a response in support of the motions. On September 25, 2020, the ALJ issued an ID granting the motions to intervene pursuant to Commission Rule 210.19, 19 CFR 210.19. See Order No. 11 at 4 (Sep. 25, 2020). The ID finds that the motions are timely; that Xinde and Aijiu have an interest in presenting evidence that their respective percussive massage devices do not infringe the asserted patents in view of VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 Complainant Hyper Ice’s request for a general exclusion order; and that the third parties’ interests are not adequately represented by existing parties. Id. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. Xinde and Aijiu are hereby intervenors in the investigation. The Commission vote for this determination took place on October 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. By order of the Commission. Issued: October 16, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–23354 Filed 10–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1224] Certain Digital Video-Capable Devices 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 September 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke Philips N.V. of the Netherlands and Philips North America LLC of Cambridge, Massachusetts. The complaint 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 digital video-capable devices and components thereof by reason of infringement of U.S. Patent No. 9,436,809 (‘‘the ’809 patent’’); U.S. Patent No. 9,590,977 (‘‘the ’977 patent’’); U.S. Patent No. 10,091,186 (‘‘the ’186 patent’’); and U.S. Patent No. 10,298,564 (‘‘the ’564 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a SUMMARY: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 67373 limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. 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 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 16, 2020, 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 1–6, 9, 11, 12, 14, 15, 17, 22, 23, 26, 49, 50, and 52–54 of the ’809 patent; claims 1–3, 8–12, and 14–20 of the ’977 patent; claims 1–7, and 9–16 of the ’186 patent; and claims 1–11, 14–23, 25, and 28 of the ’564 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 ‘‘(a) digital videocapable integrated circuits supplied by Intel, LG, MediaTek, and Realtek, printed circuit board assemblies E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67372-67373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23354]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1206]


Certain Percussive Massage Devices; Commission Determination Not 
to Review an Initial Determination Granting Motions To Intervene by 
Shenzhen Xinde Technology Co., Ltd. and Yongkang Aijiu Industrial & 
Trade Co., Ltd. in the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 11) of the presiding administrative 
law judge (``ALJ''), granting unopposed motions to intervene by third 
parties Shenzhen Xinde Technology Co., Ltd. (``Xinde'') and Yongkang 
Aijiu Industrial & Trade

[[Page 67373]]

Co., Ltd. (``Aijiu'') in the above-identified investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on July 22, 2020, based on a complaint filed on behalf of Hyper Ice, 
Inc. (``Hyper Ice'') of Irvine, California. 85 FR 44322 (July 22, 
2020). The complaint, as supplemented, alleges 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 percussive 
massage devices by reason of infringement of certain claims of U.S. 
Patent No. 10,561,574; U.S. Design Patent No. D855,822; and U.S. Design 
Patent No. D886,317. The complaint further alleges that a domestic 
industry exists. The Commission's notice of investigation named 
nineteen respondents. The notice of investigation also named the Office 
of Unfair Import Investigations (``OUII'') as a party.
    On September 17, 2020, third parties Xinde and Aijiu each moved to 
intervene as a respondent in the investigation because they have an 
interest in infringement issues as to the asserted patents. Xinde and 
Aijiu have certified that Complainant Hyper Ice and the Respondents 
that have appeared in the investigation do not oppose their motions. On 
September 24, 2020, OUII filed a response in support of the motions.
    On September 25, 2020, the ALJ issued an ID granting the motions to 
intervene pursuant to Commission Rule 210.19, 19 CFR 210.19. See Order 
No. 11 at 4 (Sep. 25, 2020). The ID finds that the motions are timely; 
that Xinde and Aijiu have an interest in presenting evidence that their 
respective percussive massage devices do not infringe the asserted 
patents in view of Complainant Hyper Ice's request for a general 
exclusion order; and that the third parties' interests are not 
adequately represented by existing parties. Id. No petitions for review 
of the ID were filed.
    The Commission has determined not to review the subject ID. Xinde 
and Aijiu are hereby intervenors in the investigation.
    The Commission vote for this determination took place on October 
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.

    By order of the Commission.

    Issued: October 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-23354 Filed 10-21-20; 8:45 am]
BILLING CODE 7020-02-P