Certain Barcode Scanners, Mobile Computers With Barcode Scanning Capabilities, Scan Engines, Components Thereof, and Products Containing the Same; Institution of Investigation, 14571-14572 [2022-05380]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices California: Negotiation and execution of an O&M contract. 36. State of California, Department of Water Resources; CVP; California: Negotiation of a multi-year wheeling agreement with the State of California, Department of Water Resources providing for the conveyance and delivery of CVP water through the State of California’s water project facilities to Byron-Bethany ID (Musco Family Olive Company), Del Puerto WD, and the San Joaquin Valley National Cemetery. 37. Water user entities responsible for repayment of reimbursable project construction costs in California, Nevada, and Oregon: Contracts for conversion or prepayment executed pursuant to the WIIN Act. 38. Contra Costa Water District, CVP, California: Title transfer of lands and features of the Contra Costa Canal System of the CVP. 39. Truckee-Carson ID, Newlands Project, Nevada: Negotiation and execution of an OM&R transfer agreement. 40. Tehama-Colusa Canal Authority, CVP, California: Renewal of OM&R contract. 41. Title transfer agreements; California, Nevada, and Oregon: Potential title transfers agreements pursuant to the John D. Dingell, Jr. Conservation, Management, and Recreation Act of March 12, 2019 (Pub. L. 116–9). 42. Shasta County Water Agency, CVP, California: Proposed partial assignment of 50 acre-feet of the Shasta County Water Agency’s CVP water supply to the City of Shasta Lake for M&I use. 43. Friant Water Authority, CVP, California: Negotiation and execution of a repayment contract for Friant Kern Canal Middle Reach Capacity Correction Project. Completed contract actions: 1. (9) Madera-Chowchilla Water and Power Authority, CVP, California: Agreement to transfer the OM&R and certain financial and administrative activities related to the Madera Canal and associated works. Contract executed on January 22, 2021. 2. (29) Santa Clara Valley WD (now called Valley Water), CVP, California: Second amendment to Santa Clara Valley WD’s water service contract to add CVP-wide form of contract language providing for mutually agreed upon point or points of delivery. Contract executed on December 14, 2020. 3. (32) Fresno County Waterworks No. 18; Friant Division, CVP; California: Execution of an agreement to provide for the O&M of select Federal facilities by Fresno County Waterworks No. 18. VerDate Sep<11>2014 21:10 Mar 14, 2022 Jkt 256001 Contract executed on September 11, 2018. 5. (50) Friant Water Authority, Friant Division, CVP, California: Renewal of OM&R contract. Contract executed on October 5, 2020. Christopher Beardsley, Director, Policy and Programs. [FR Doc. 2022–05416 Filed 3–14–22; 8:45 am] BILLING CODE 4332–90–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1307] Certain Barcode Scanners, Mobile Computers With Barcode Scanning Capabilities, Scan Engines, Components Thereof, and Products Containing the Same; 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 February 7, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Zebra Technologies Corporation of Lincolnshire, Illinois and Symbol Technologies, LLC of Holtsville, New York. Supplements to the complaint were filed on February 25 and 28, 2022. 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 barcode scanners, mobile computers with barcode scanning capabilities, scan engines, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,478,753 (‘‘the ’753 patent’’); U.S. Patent No. 7,905,414 (‘‘the ’414 patent’’); U.S. Patent No. 9,800,749 (‘‘the ’749 patent’’); and U.S. Patent No. 10,732,380 (‘‘the ’380 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. 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 SUMMARY: PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 14571 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: Jessica Mullan, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. 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 (2021). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 9, 2022, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1–4, 10, 16–17, and 19 of the ’753 patent; claims 1, 5–9, 11–12, 14–15, and 19–26 of the ’414 patent; claims 1–16 of the ’749 patent; and claims 1–2, 4–12, 14–16, and 19–20 of the ’380 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 ‘‘barcode scan engines and scanners (handheld and stationary scanners), mobile computers with barcode scanning capabilities (handheld, tablet, and wearable computers), and components thereof (circuit boards with barcode scanning capabilities)’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: E:\FR\FM\15MRN1.SGM 15MRN1 14572 Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices Zebra Technologies Corporation, 3 Overlook Point, Lincolnshire, Illinois 60069 Symbol Technologies, LLC, 1 Zebra Plaza, Holtsville, New York 11742 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: khammond on DSKJM1Z7X2PROD with NOTICES Honeywell International Inc., 855 S. Mint Street, Charlotte, North Carolina 28202 Hand Held Products, Inc., 855 S. Mint Street, Charlotte, North Carolina 28202 (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations is not participating as a party in this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainants of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 9, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–05380 Filed 3–14–22; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 21:10 Mar 14, 2022 Jkt 256001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1210] Certain Wrapping Material and Methods for Use in Agricultural Applications; Notice of Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions; Extension of Target Date U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (‘‘final ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on December 10, 2021, finding no violation of section 337 of the Tariff Act of 1930, as amended. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding. The Commission has also determined to extend the target date for the completion of the investigation to May 9, 2022. FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3427. 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 August 11, 2020, the Commission instituted this investigation based on a complaint filed on behalf of Tama Group of Israel and Tama USA Inc. of Dubuque, Iowa (together, ‘‘Tama’’). 85 FR 48561–62 (Aug. 11, 2020). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the SUMMARY: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 United States after importation of certain wrapping material and methods for use in agricultural applications by reason of infringement of one or more of claims 1, 2, 4–16, 18, 28, 32, 33, and 35– 45 of U.S. Patent No. 6,787,209 (‘‘the ’209 patent’’). Id. The Commission’s notice of investigation named as respondents Zhejiang Yajia Cotton Picker Parts Co., Ltd. of Zhuji City, China (‘‘Yajia Cotton’’); Southern Marketing Affiliates, Inc. of Jonesboro, Arkansas (‘‘SMA’’); Hai’an Xin Fu Yuan of Agricultural, Science, and Technology Co., Ltd. of Nantong, China (‘‘XFY’’); and Gosun Business Development Co. Ltd. of Grande Prairie, Canada (‘‘Gosun’’). Id. at 48561. The Office of Unfair Import Investigations is not participating in this investigation. Id. The Commission previously terminated this investigation with respect to Gosun. Order No. 6, unreviewed by Notice (Oct. 5, 2020). Based on Tama’s motion, the Commission later amended the complaint and notice of investigation to add Zhejiang Yajia Packaging Materials Co., Ltd. (‘‘Yajia Packaging’’) as a respondent. Order No. 8, unreviewed by Notice (Oct. 27, 2020); 85 FR 68,916 (Oct. 30, 2020). Yajia Cotton and Yajia Packaging are collectively referred to herein as ‘‘Yajia.’’ Yajia, SMA, and XFY are collectively referred to herein as ‘‘Respondents.’’ On November 16, 2020, XFY was found in default pursuant to Commission Rule 210.16 (19 CFR 210.16). Order No. 11, unreviewed by Notice (Nov. 30, 2020). On December 10, 2021, the ALJ issued the final ID, which found that Respondents did not violate section 337. The final ID found (1) that Tama no longer asserts claims 15, 16, 18, 28, and 45 of the ‘209 patent; (2) the importation or sale requirement of section 337 has been satisfied; (3) the Accused Products infringe claims 1, 2, 4–7, and 10–14 of the ’209 patent; (4) Yajia and SMA do not infringe claims 32, 33, 35–38, and 41–44 of the ′209 patent; (5) the technical prong of the domestic industry requirement for the ’209 patent has been satisfied; (6) the ’209 patent is not invalid; and (7) the economic prong of the domestic industry requirement has not been satisfied. The ALJ’s Recommended Determination on remedy and bonding (‘‘RD’’) recommended that should the Commission find a violation, it should issue a limited exclusion order directed to certain wrapping material and methods for use in agricultural applications imported, sold for importation, and/or sold after E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14571-14572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05380]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1307]


Certain Barcode Scanners, Mobile Computers With Barcode Scanning 
Capabilities, Scan Engines, Components Thereof, and Products Containing 
the Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 7, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Zebra 
Technologies Corporation of Lincolnshire, Illinois and Symbol 
Technologies, LLC of Holtsville, New York. Supplements to the complaint 
were filed on February 25 and 28, 2022. 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 barcode scanners, mobile computers with 
barcode scanning capabilities, scan engines, components thereof, and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent No. 7,478,753 (``the '753 patent''); U.S. Patent 
No. 7,905,414 (``the '414 patent''); U.S. Patent No. 9,800,749 (``the 
'749 patent''); and U.S. Patent No. 10,732,380 (``the '380 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute. The complainants 
request that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and a cease and desist 
order.

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 
[email protected]. 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: Jessica Mullan, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

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 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 9, 2022, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-4, 10, 16-17, and 19 of the '753 patent; claims 1, 5-9, 11-12, 
14-15, and 19-26 of the '414 patent; claims 1-16 of the '749 patent; 
and claims 1-2, 4-12, 14-16, and 19-20 of the '380 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 ``barcode scan engines 
and scanners (handheld and stationary scanners), mobile computers with 
barcode scanning capabilities (handheld, tablet, and wearable 
computers), and components thereof (circuit boards with barcode 
scanning capabilities)'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

[[Page 14572]]

Zebra Technologies Corporation, 3 Overlook Point, Lincolnshire, 
Illinois 60069
Symbol Technologies, LLC, 1 Zebra Plaza, Holtsville, New York 11742

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Honeywell International Inc., 855 S. Mint Street, Charlotte, North 
Carolina 28202

Hand Held Products, Inc., 855 S. Mint Street, Charlotte, North Carolina 
28202
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations is not participating as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-05380 Filed 3-14-22; 8:45 am]
BILLING CODE 7020-02-P