Certain Gas Spring Nailer Products and Components Thereof; Notice of a Commission Determination To Adopt a Recommended Determination; Termination of the Modification Proceeding, 43677-43678 [2021-16976]

Download as PDF Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices [FR Doc. 2021–17040 Filed 8–9–21; 8:45 am] 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: BILLING CODE 4310–HC–P ILLINOIS anonymously will also be accepted and considered. Authority: 40 CFR 1501.7. Bradlee A. Matthews, Acting Field Manager, Mount Lewis Field Office, Battle Mountain District. Bureau County DEPARTMENT OF THE INTERIOR Oakland Cemetery Historic District, 1013 Park Ave. West, Princeton, SG100006864 National Park Service Cook County [NPS–WASO–NRNHL–DTS#–32381; PPWOCRADI0, PCU00RP14.R50000] Ravisloe Country Club, 18231 Park Ave., Homewood, SG100006865 National Register of Historic Places; Notification of Pending Nominations and Related Actions Kankakee County Pope Brace Company Building, 197 South West Ave., Kankakee, SG100006866 National Park Service, Interior. Notice. AGENCY: ACTION: The National Park Service is soliciting electronic comments on the significance of properties nominated before July 24, 2021, for listing or related actions in the National Register of Historic Places. DATES: Comments should be submitted electronically by August 25, 2021. 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. FOR FURTHER INFORMATION CONTACT: Sherry A. Frear, Chief, National Register of Historic Places/National Historic Landmarks Program, 1849 C Street NW, MS 7228, Washington, DC 20240, sherry_frear@nps.gov, 202–913–3763. 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 July 24, 2021. 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. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 McLean County Fairview Sanatorium, 905 North Main St., Normal, SG100006867 Winnebago County Witwer House, 504 North 1st St., Rockford, SG100006872 MASSACHUSETTS Worcester County W.S. Reed Toy Company-Wachusett Shirt Company Historic District 41–45, Summer St., Leominster, SG100006863 43677 VIRGINIA Brunswick County Lawrenceville Historic District (Additional Documentation) Roughly bounded by West 6th Ave., Maria St., Lawrenceville townline, Rose Cr., and Thomas St., Lawrenceville vicinity, AD00000313 Nominations submitted by Federal Preservation Officers: The State Historic Preservation Officer reviewed the following nominations and responded to the Federal Preservation Officer within 45 days of receipt of the nominations and supports listing the properties in the National Register of Historic Places. GUAM Guam County Da˚di Beach Japanese Bunker, Address Restricted, Santa Rita vicinity, SG100006869 Dobo Spring Latte Set Complex, Address Restricted, Santa Rita vicinity, SG100006870 Maulap River Complex Site, Address Restricted, Santa Rita vicinity, SG100006871 Authority: Section 60.13 of 36 CFR part 60. Dated: July 27, 2021. Sherry A. Frear, Chief, National Register of Historic Places/ National Historic Landmarks Program. [FR Doc. 2021–17010 Filed 8–9–21; 8:45 am] BILLING CODE 4312–52–P MICHIGAN Leelanau County South Fox Island Light Station, South Fox Island, Leelanau Township vicinity, SG100006861 Wayne County Alpha House, (The Civil Rights Movement and the African American Experience in 20th Century Detroit MPS), 293 Eliot St., Detroit, MP100006860 OHIO Lucas County Madison Avenue Historic District Superior Street (Boundary Increase), 311, 315–317, 319–323, 325–327, 329, 331–333, 335 North Superior St., Toledo, BC100006862 Walla Walla County Walla Walla Downtown Historic District, Roughly bounded by Rose St., Palouse St., alley between Alder and Popular Sts., and 3rd Ave., Walla Walla, SG100006868 Additional documentation has been received for the following resources: MINNESOTA Yellow Medicine County Canby Commercial Historic District (Additional Documentation), Roughly 1st and 2nd Sts. and St. Olaf Ave., Canby, AD80002189 Frm 00054 Fmt 4703 [Investigation No. 337–TA–1082 (Modification)] Certain Gas Spring Nailer Products and Components Thereof; Notice of a Commission Determination To Adopt a Recommended Determination; Termination of the Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘the Commission’’) has determined to adopt a recommended determination (‘‘RD’’) of the presiding chief administrative law judge (‘‘CALJ’’) finding that redesigned products of respondent Koki Holdings America Ltd. (‘‘Koki’’) of Braselton, Georgia are not covered by the limited exclusion order (‘‘LEO’’) and cease and desist order (‘‘CDO’’) issued in the underlying investigation. The Commission has terminated the modification proceeding. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the SUMMARY: WASHINGTON PO 00000 INTERNATIONAL TRADE COMMISSION Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1 jbell on DSKJLSW7X2PROD with NOTICES 43678 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 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 Senco Brands, Inc. (now known as Kyocera Senco Industrial Tools, Inc.) (‘‘Kyocera’’) of Cincinnati, Ohio. 82 FR 55118–19 (Nov. 20, 2017). The complaint, as amended and supplemented, alleged violations of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘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, inter alia, claims 1, 10, and 16 of U.S. Patent Nos. 8,387,718 (‘‘the ’718 patent’’). The complaint further alleged the existence of a domestic industry. The Commission’s notice of investigation named Koki as a respondent. The Office of Unfair Import Investigations did not participate in the investigation. On March 5, 2020, the Commission issued its final determination finding a violation of section 337 based on infringement of the asserted claims of the ’718 patent. 85 FR 14244–46 (Mar. 11, 2020). The Commission issued an LEO directed against Koki’s infringing products, and a 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 (‘‘CBP’’) issued a ruling, pursuant to 19 CFR part 177, that the redesigned products are outside of the scope of the LEO issued in the investigation. See RX–1001 (CBP Ruling); CX–1017C (Ltr. Requesting CBP Ruling). In response, on August 17, 2020, Kyocera petitioned for institution of a modification proceeding, requesting the Commission to determine if the redesigned products are outside of the VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 scope of the LEO and CDO. On August 27, 2020, Koki opposed the petition. On September 16, 2020, the Commission instituted a modification proceeding to determine whether the redesigned products are covered by the LEO and CDO. See 85 FR 59543–44 (Sept. 22, 2020); Comm’n Order (Sept. 16, 2020). On October 22, 2020, the Commission issued a revised modification institution order that clarified that the presiding ALJ would consider, in the first instance, any issues regarding potentially impermissible arguments raised by Kyocera in the course of the modification proceeding. See Revised Comm’n Order (Oct. 22, 2020). On July 2, 2021, the CALJ issued the subject RD finding that Koki’s redesigned products are not covered by the LEO and CDO. On July 16, 2021, Kyocera submitted comments on the RD. On July 22, 2021, Koki filed a response to Kyocera’s comments. Having reviewed the record and the parties’ submissions, the Commission has determined to adopt the RD’s finding that the redesigned products do not infringe claims 1, 10, and 16 of the ’718 patent and thus are not covered by the LEO and CDO. The Commission has issued a contemporaneous order indicating that the redesigned products are exempt from the scope of the LEO and CDO. The modification proceeding is terminated. The Commission vote for this determination took place on August 4, 2021. 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: August 4, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–16976 Filed 8–9–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1274] Certain Optical Enclosures, Components Thereof, and Products Containing the Same; Institution of Investigation U.S. International Trade Commission. AGENCY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 ACTION: Notice. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 2, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Criterion Technology, Inc. of Thomaston, Georgia. A supplement was filed on July 23, 2021. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain optical enclosures, components thereof, and products containing the same by reason of the misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a 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 August 4, 2021, 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)(A) of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph (2) by reason of misappropriation of trade SUMMARY: E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43677-43678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16976]


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INTERNATIONAL TRADE COMMISSION

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


Certain Gas Spring Nailer Products and Components Thereof; Notice 
of a Commission Determination To Adopt a Recommended Determination; 
Termination of the Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined to adopt a recommended 
determination (``RD'') of the presiding chief administrative law judge 
(``CALJ'') finding that redesigned products of respondent Koki Holdings 
America Ltd. (``Koki'') of Braselton, Georgia are not covered by the 
limited exclusion order (``LEO'') and cease and desist order (``CDO'') 
issued in the underlying investigation. The Commission has terminated 
the modification proceeding.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the

[[Page 43678]]

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 
Senco Brands, Inc. (now known as Kyocera Senco Industrial Tools, Inc.) 
(``Kyocera'') of Cincinnati, Ohio. 82 FR 55118-19 (Nov. 20, 2017). The 
complaint, as amended and supplemented, alleged violations of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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, inter alia, claims 1, 10, and 16 of U.S. Patent Nos. 8,387,718 
(``the '718 patent''). The complaint further alleged the existence of a 
domestic industry. The Commission's notice of investigation named Koki 
as a respondent. The Office of Unfair Import Investigations did not 
participate in the investigation.
    On March 5, 2020, the Commission issued its final determination 
finding a violation of section 337 based on infringement of the 
asserted claims of the '718 patent. 85 FR 14244-46 (Mar. 11, 2020). The 
Commission issued an LEO directed against Koki's infringing products, 
and a 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 (``CBP'') 
issued a ruling, pursuant to 19 CFR part 177, that the redesigned 
products are outside of the scope of the LEO issued in the 
investigation. See RX-1001 (CBP Ruling); CX-1017C (Ltr. Requesting CBP 
Ruling). In response, on August 17, 2020, Kyocera petitioned for 
institution of a modification proceeding, requesting the Commission to 
determine if the redesigned products are outside of the scope of the 
LEO and CDO. On August 27, 2020, Koki opposed the petition.
    On September 16, 2020, the Commission instituted a modification 
proceeding to determine whether the redesigned products are covered by 
the LEO and CDO. See 85 FR 59543-44 (Sept. 22, 2020); Comm'n Order 
(Sept. 16, 2020). On October 22, 2020, the Commission issued a revised 
modification institution order that clarified that the presiding ALJ 
would consider, in the first instance, any issues regarding potentially 
impermissible arguments raised by Kyocera in the course of the 
modification proceeding. See Revised Comm'n Order (Oct. 22, 2020).
    On July 2, 2021, the CALJ issued the subject RD finding that Koki's 
redesigned products are not covered by the LEO and CDO.
    On July 16, 2021, Kyocera submitted comments on the RD. On July 22, 
2021, Koki filed a response to Kyocera's comments.
    Having reviewed the record and the parties' submissions, the 
Commission has determined to adopt the RD's finding that the redesigned 
products do not infringe claims 1, 10, and 16 of the '718 patent and 
thus are not covered by the LEO and CDO. The Commission has issued a 
contemporaneous order indicating that the redesigned products are 
exempt from the scope of the LEO and CDO.
    The modification proceeding is terminated.
    The Commission vote for this determination took place on August 4, 
2021.
    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: August 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-16976 Filed 8-9-21; 8:45 am]
BILLING CODE 7020-02-P
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