Certain Bar Code Scanners, Mobile Computers With Bar Code Scanning Capabilities, Scan Engines, and Components Thereof; Notice of Commission Decision Not to Review an Initial Determination Terminating the Investigation on the Basis of Settlement; Termination of Investigation, 48689-48690 [2022-17110]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices FR 9382 (Feb. 18, 2022). 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 networking devices, computers, and components thereof and systems containing the same by reason of infringement of claims 1–37 of U.S. Patent No. 8,687,573. Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation named as respondent NetApp, Inc. of San Jose, CA (‘‘NetApp’’). Id. The Office of Unfair Import Investigations is not participating in the investigation. Id. On May 5, 2022, NetApp moved, ‘‘[p]ursuant to Commission Rule 210.21(a) [19 CFR 210.21(a)] . . . for termination of the instant investigation based on [Proven’s] clear and unequivocal waiver of the sole basis on which Proven alleges it satisfies the domestic industry requirement.’’ Certain Networking Devices, Computers, and Components Thereof and Sys. Containing the Same, Inv. No. 337–TA– 1298, Respondent’s Mot. to Terminate Based on Waiver of Domestic Indus., 1 (May 5, 2022). Proven filed a response in opposition to the motion to terminate on May 16, 2022. The CALJ held oral argument on the motion on June 1, 2022. At the outset of the argument, the CALJ characterized the pending motion as one ‘‘to terminate the investigation for good cause.’’ Tr. at 4 (EDIS Doc. ID 772805). On July 5, 2022, the CALJ issued the subject ID granting NetApp’s motion and terminating the investigation in its entirety. The ID relies on the ‘‘good cause’’ language of Commission Rule 210.21(a)(1) as the basis for granting the motion. ID at 4, 12. Substantively, the ID finds that ‘‘Proven expressly waived its ability to rely on [third-party] Extreme’s products and activities to demonstrate a domestic industry in this investigation,’’ and that ‘‘[w]ithout the ability to rely on Extreme’s products and services, Proven cannot satisfy the domestic industry requirement of section 337 and no violation of section 337 can be found.’’ ID at 12. The Commission has determined not to review the subject ID. The Commission has also determined to deny as moot a motion filed by NetApp to strike Proven’s untimely petition for review. Proven filed an untimely petition for review of the ID, which NetApp moved to strike. Proven’s request that its petition for review be received out of time was denied by the Chair. See EDIS Doc. ID 776332 (July 27, 2022). As such, Proven’s petition for VerDate Sep<11>2014 17:26 Aug 09, 2022 Jkt 256001 review is not on the record and therefore NetApp’s motion to strike the petition from the record is moot. The investigation is hereby terminated in its entirety. The Commission vote for this determination took place on August 4, 2022. 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 5, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17196 Filed 8–9–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–668–669 and 731–TA–1565–1566 (Final)] Urea Ammonium Nitrate Solutions From Russia and Trinidad and Tobago Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is not materially injured or threatened with material injury by reason of imports of urea ammonium nitrate solutions from Russia and Trinidad and Tobago, provided for in subheading 3102.80.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the governments of Russia and Trinidad and Tobago and to be sold in the United States at less than fair value (‘‘LTFV’’).2 Background The Commission instituted these investigations effective June 30, 2021, following receipt of petitions filed with the Commission and Commerce by CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC, all of Deerfield, Illinois. The final phase of the investigations was scheduled by the 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 37836 and 87 FR 37828 (June 24, 2022) and 87 FR 37831 and 87 FR 37824 (June 24, 2022). PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 48689 Commission following notification of preliminary determinations by Commerce that imports of urea ammonium nitrate solutions from Russia and Trinidad and Tobago were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on February 23, 2022 (87 FR 10241). The Commission conducted its hearing on June 16, 2022. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on August 4, 2022. The views of the Commission are contained in USITC Publication 5338 (August 2022), entitled Urea Ammonium Nitrate Solutions from Russia and Trinidad and Tobago: Investigation Nos. 701–TA–668–669 and 731–TA–1565–1566 (Final). By order of the Commission. Issued: August 5, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17195 Filed 8–9–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1285] Certain Bar Code Scanners, Mobile Computers With Bar Code Scanning Capabilities, Scan Engines, and Components Thereof; Notice of Commission Decision Not to Review an Initial Determination Terminating the Investigation on the Basis of Settlement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 23) of the presiding administrative law judge (‘‘ALJ’’), SUMMARY: E:\FR\FM\10AUN1.SGM 10AUN1 48690 Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices granting a joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2301. 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. On November 4, 2021, the Commission instituted this investigation based on a complaint filed on behalf of Honeywell International Inc., Hand Held Products, Inc., and Metrologic Instruments, Inc. (collectively, ‘‘Complainants’’), all of Charlotte, North Carolina. 86 FR 60915 (Nov. 4, 2021). The complaint alleges 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 United States after importation of certain bar code scanners, mobile computers with bar code scanning capabilities, scan engines, and components thereof that infringe one of more claims of U.S. Patent Nos. 8,794,520 (‘‘the ’520 patent’’); 7,568,628 (‘‘the ’628 patent’’); 7,770,799 (‘‘the ’799 patent’’); 9,576,169 (‘‘the ’169 patent’’); and 10,721,429 (‘‘the ’429 patent’’). Id. The complaint also alleges that a domestic industry exists or is in the process of being established. Id. The Commission’s notice of investigation named Zebra Technologies Corporation of Lincolnshire, Illinois and Symbol Technologies, Inc. of Holtsville, New York (collectively, ‘‘Respondents’’) as respondents. Id. The Office of Unfair Import Investigations is participating in this investigation. Id. The Commission previously terminated the investigation as to the ’520 patent and certain claims of the ’628, ’799, ’169, and ’429 patents. Order No. 13 (Apr. 7, 2022), unreviewed by Notice (Apr. 25, 2022); Order No. 19 (May 27, 2022), unreviewed by Notice (June 13, 2022). khammond on DSKJM1Z7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:26 Aug 09, 2022 Jkt 256001 On July 11, 2022, Complainants and Respondents filed a joint motion to terminate the investigation based on a license and settlement agreement between the parties. No opposition to the motion was filed. On July 12, 2022, the ALJ issued the subject ID (Order No. 23), granting the joint motion to terminate the investigation based on settlement. The ID finds that the motion for termination satisfies Commission Rule 210.21(b) (19 CFR 210.21(b), and that no extraordinary circumstances exist that would prevent the requested termination. No petitions for review were filed. The Commission has determined not to review the subject ID. The investigation is terminated in its entirety. The Commission vote for this determination took place on August 4, 2022. 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, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17110 Filed 8–9–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1283] Certain Composite Baseball and Softball Bats and Components Thereof Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation With Respect to the Last Active Respondent Based on Settlement; Request for Briefing on Remedy, Bond, and the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 23) issued by the presiding administrative law judge (‘‘ALJ’’) terminating the investigation with respect to Juno Athletics LLC (‘‘Juno’’), the last active respondent, based on settlement. Juno is hereby terminated from this SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 investigation. The Commission requests written submissions from the parties, interested government agencies, and interested persons on issues of remedy, bonding, and the public interest with respect to the respondent found in default. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket system (‘‘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 2, 2021, based on a complaint filed and supplemented by Easton Diamond Sports, LLC of Thousand Oaks, California (‘‘Easton’’). 86 FR 60468–469 (Nov. 2, 2021). The complaint alleges a violation of section 337 of the Tariff Act, as amended, 19 U.S.C. 1337, based on the importation, sale for importation, or sale in the United States after importation of certain composite baseball and softball bats and components thereof by reason of infringement of one or more asserted claims of U.S. Patent No. 6,997,826. Id. The complaint further alleges the existence of a domestic industry. Id. The Commission’s notice of investigation names Juno of Aventura, Florida; Monsta Athletics LLC of Calimesa, California (‘‘Monsta’’); and Proton Sports Inc. of Scottsdale, Arizona (‘‘Proton’’) as respondents. Id. at 60469. The Office of Unfair Import Investigations is not a party to this investigation. Id. On January 25, 2022, the Commission amended the complaint and notice of investigation to add TianChang Zhengmu Aluminum Technology Co., Ltd. of Tianching City, China (‘‘TZA’’) as a respondent. Order No. 8 (Dec. 28, 2021), unreviewed by Comm’n Notice (Jan. 25, 2022). On February 16, 2022, the Commission terminated TZA from the investigation based on withdrawal of the complaint. Order No. 11 (Jan. 28, 2022), unreviewed by Comm’n Notice (Feb. 16, 2022). E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48689-48690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17110]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1285]


Certain Bar Code Scanners, Mobile Computers With Bar Code 
Scanning Capabilities, Scan Engines, and Components Thereof; Notice of 
Commission Decision Not to Review an Initial Determination Terminating 
the Investigation on the Basis of Settlement; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 23) of the presiding administrative law judge 
(``ALJ''),

[[Page 48690]]

granting a joint motion to terminate the investigation in its entirety 
based on settlement. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2301. 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: On November 4, 2021, the Commission 
instituted this investigation based on a complaint filed on behalf of 
Honeywell International Inc., Hand Held Products, Inc., and Metrologic 
Instruments, Inc. (collectively, ``Complainants''), all of Charlotte, 
North Carolina. 86 FR 60915 (Nov. 4, 2021). The complaint alleges 
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 United States after 
importation of certain bar code scanners, mobile computers with bar 
code scanning capabilities, scan engines, and components thereof that 
infringe one of more claims of U.S. Patent Nos. 8,794,520 (``the '520 
patent''); 7,568,628 (``the '628 patent''); 7,770,799 (``the '799 
patent''); 9,576,169 (``the '169 patent''); and 10,721,429 (``the '429 
patent''). Id. The complaint also alleges that a domestic industry 
exists or is in the process of being established. Id. The Commission's 
notice of investigation named Zebra Technologies Corporation of 
Lincolnshire, Illinois and Symbol Technologies, Inc. of Holtsville, New 
York (collectively, ``Respondents'') as respondents. Id. The Office of 
Unfair Import Investigations is participating in this investigation. 
Id.
    The Commission previously terminated the investigation as to the 
'520 patent and certain claims of the '628, '799, '169, and '429 
patents. Order No. 13 (Apr. 7, 2022), unreviewed by Notice (Apr. 25, 
2022); Order No. 19 (May 27, 2022), unreviewed by Notice (June 13, 
2022).
    On July 11, 2022, Complainants and Respondents filed a joint motion 
to terminate the investigation based on a license and settlement 
agreement between the parties. No opposition to the motion was filed.
    On July 12, 2022, the ALJ issued the subject ID (Order No. 23), 
granting the joint motion to terminate the investigation based on 
settlement. The ID finds that the motion for termination satisfies 
Commission Rule 210.21(b) (19 CFR 210.21(b), and that no extraordinary 
circumstances exist that would prevent the requested termination. No 
petitions for review were filed.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on August 4, 
2022.
    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, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17110 Filed 8-9-22; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.