Certain Electrical Connectors and Cages, Components Thereof, and Products Containing the Same; Notice of a Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 56443-56444 [2022-19811]
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Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 / Notices
3003, of the completion of an inventory
of human remains and associated
funerary objects under the control of the
Museum of Cultural and Natural
History, Central Michigan University,
Mt. Pleasant, MI. The human remains
and associated funerary objects were
removed from Montezuma County, CO.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the museum, institution, or Federal
agency that has control of the Native
American human remains and
associated funerary objects. The
National Park Service is not responsible
for the determinations in this notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Consultation
A detailed assessment of the human
remains was made by the Museum of
Cultural and Natural History staff and
consultation occurred with
representatives of the Hopi Tribe of
Arizona; Ohkay Owingeh, New Mexico
(previously listed as Pueblo of San
Juan); Pueblo of Acoma, New Mexico;
Pueblo of Cochiti, New Mexico; Pueblo
of Isleta, New Mexico; Pueblo of Jemez,
New Mexico; Pueblo of Laguna, New
Mexico; Pueblo of Nambe, New Mexico;
Pueblo of Picuris, New Mexico; Pueblo
of Pojoaque, New Mexico; Pueblo of San
Felipe, New Mexico; Pueblo of San
Ildefonso, New Mexico; Pueblo of
Sandia, New Mexico; Pueblo of Santa
Ana, New Mexico; Pueblo of Santa
Clara, New Mexico; Pueblo of Taos,
New Mexico; Pueblo of Tesuque, New
Mexico; Pueblo of Zia, New Mexico;
Santo Domingo Pueblo (previously
listed as Kew Pueblo, New Mexico, and
as Pueblo of Santo Domingo); Southern
Ute Indian Tribe of the Southern Ute
Reservation, Colorado; Ute Mountain
Ute Tribe (previously listed as Ute
Mountain Tribe of the Ute Mountain
Reservation, Colorado, New Mexico, &
Utah); and the Zuni Tribe of the Zuni
Reservation, New Mexico (hereafter
referred to as ‘‘The Tribes’’).
History and Description of the Remains
In 1970, human remains representing,
at minimum, one individual were
removed from Montezuma County, CO,
by Terry Ballard, an amateur
archeologist from Overland Park, KS.
The site was located on a farm owned
by Mr. Ray Stanley in the vicinity of
Hovenweep National Monument and
approximately 12 miles outside the
municipality of Cortez, in Montezuma
County, Colorado. Central Michigan
University acquired these human
remains in 1971, through two separate
donations. The human remains belong
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18:31 Sep 13, 2022
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56443
to a young adult female. No known
individual was identified. The five
associated funerary objects are one bone
awl, three ceramic pieces, and one lot of
faunal remains.
A detailed assessment of the human
remains was made by Anthropologists
Jacqueline T. Eng and Janet Gardner
who determined the individual was of
Native American descent. Based upon
the burial context detailed in the
original site report, the site is reasonably
believed to be Anasazi and to date from
the Basketmaker II (1000 B.C.) to Pueblo
III (A.D. 1300) periods. The stylistic
attributes of the associated funerary
objects from the Stanley Site indicate
that they are of Ancestral Puebloan
manufacture.
Dated: September 1, 2022.
Melanie O’Brien,
Manager, National NAGPRA Program.
Determinations Made by the Museum of
Cultural and Natural History, Central
Michigan University
AGENCY:
Officials of the Museum of Cultural
and Natural History, Central Michigan
University have determined that:
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of one
individual of Native American ancestry.
• Pursuant to 25 U.S.C. 3001(3)(A),
the five objects described in this notice
are reasonably believed to have been
placed with or near individual human
remains at the time of death or later as
part of the death rite or ceremony.
• Pursuant to 25 U.S.C. 3001(2), there
is a relationship of shared group
identity that can be reasonably traced
between the Native American human
remains and associated funerary objects
and The Tribes.
SUMMARY:
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains and associated
funerary objects should submit a written
request with information in support of
the request to Dr. Jay C. Martin,
Museum of Cultural and Natural
History, Central Michigan University,
103 Rowe Hall, Mt. Pleasant, MI 48859,
telephone (989) 774–3829, email
marti6jc@cmich.edu, by October 14,
2022. After that date, if no additional
requestors have come forward, transfer
of control of the human remains and
associated funerary objects to The
Tribes may proceed.
The Museum of Cultural and Natural
History, Central Michigan University is
responsible for notifying The Tribes that
this notice has been published.
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[FR Doc. 2022–19826 Filed 9–13–22; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1241]
Certain Electrical Connectors and
Cages, Components Thereof, and
Products Containing the Same; Notice
of a Commission Final Determination
Finding a Violation of Section 337;
Issuance of a Limited Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined that a violation of the Tariff
Act of 1930, as amended, has occurred
with respect to U.S. Patent No.
7,371,117 (‘‘the ’117 patent’’). The
Commission has determined that no
violation of section 337 has occurred as
to U.S. Patent Nos. 9,705,255 (‘‘the ’255
patent’’) and 10,381,767 (‘‘the ’767
patent’’). The Commission has issued a
limited exclusion order (‘‘LEO’’)
prohibiting the importation of certain
electrical connectors and cages,
components thereof, and products
containing the same that infringe certain
claims of the ’117 patent, as well as
cease and desist orders (‘‘CDOs’’)
against the named respondents. This
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Amanda P. Fisherow, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2737. 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
January 26, 2021, the Commission
instituted this investigation under
E:\FR\FM\14SEN1.SGM
14SEN1
khammond on DSKJM1Z7X2PROD with NOTICES
56444
Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 / Notices
section 337, based on a complaint filed
by Amphenol Corp. of Wallingford,
Connecticut (‘‘Amphenol,’’ or
‘‘Complainant’’). 86 FR 7104–05 (Jan.
26, 2021). The complaint alleged 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
electrical connectors and cages,
components thereof, and products
containing the same by reason of
infringement of certain claims of the
’117 patent; U.S. Patent No. 8,371,875
(‘‘the ’875 patent’’); U.S. Patent No.
8,864,521 (‘‘the ’521 Patent’’); the ’255
patent; and the ’767 patent. The
complaint also alleged the existence of
a domestic industry. The notice of
investigation named as respondents:
Luxshare Precision Industry Co., Ltd.
and Dongguan Luxshare Precision
Industry Co. Ltd., both of Dongguan
City, China; Luxshare Precision Limited
(HK) of Fotan, Hong Kong; and
Luxshare-ICT Inc. of Milpitas, California
(collectively, ‘‘Luxshare,’’ or
‘‘Respondents’’). Id. at 7104. The
Commission’s Office of Unfair Import
Investigations was not named as a party
in this investigation. Id.
Subsequently, the administrative law
judge (‘‘ALJ’’) granted Complainant’s
motion for partial termination of the
investigation by withdrawal of the ’875
and the ’521 patents, and claims 2, 14,
17–19, and 25–27 of the ’117 patent;
claims 1–3, 5–8, and 18 of the ’255
patent; and claims 2–3, 7, 14, 20–22, 30,
and 32 of the ’767 patent. See Order No.
29 (Oct. 13, 2021), unreviewed by
Comm’n Notice (Nov. 3, 2021). The ALJ
also granted in part and denied in part
Complainant’s motion for summary
determination that it has satisfied the
importation requirement. See Order No.
34 (Oct. 28, 2021), unreviewed by
Comm’n Notice (Nov. 29, 2021). The
ALJ also granted in part Luxshare’s
motion for summary determination that
the importation requirement has not
been met for certain products. See Order
No. 35 (Oct. 28, 2021). On November 29,
2021, the Commission determined to
review that determination and it is
currently under review. Comm’n Notice
(Nov. 29, 2021).
On March 11, 2022, the ALJ issued
the final initial determination (‘‘ID’’).
On March 25, 2022, Complainant
petitioned for review of the final ID. On
April 4, 2022, Respondents filed a
response.
On June 21, 2022, the Commission
determined to review the ID in part. 87
FR 38180 (June 17, 2022). Specifically,
the Commission determined to review
the ID’s findings regarding: (1)
importation, including any findings
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18:31 Sep 13, 2022
Jkt 256001
impacted by the determination on
importation; (2) the Redesigned
Products; (3) infringement for claim 9 of
the ’117 patent; (4) the claim
construction of the term ‘‘contact tail
adapted for attachment to the printed
circuit board that is perpendicular to the
. . . printed circuit board’’ of the ’767
patent; (5) infringement for claims 1, 4–
6, 9–13, 15–17, 19, and 23 of the ’767
patent; (6) the technical prong of the
domestic industry requirement for the
’767 patent; (7) obviousness for the ’767
patent; and (8) the economic prong of
the domestic industry requirement. The
Commission determined not to review
any other findings, including the ID’s
findings that Luxshare does not infringe
the asserted claims of the ’255 patent.
The Commission asked for briefing on
remedy, bonding, and the public
interest, as well as one question related
to importation. The parties filed their
opening submissions on July 6, 2022,
and their reply submissions on July 13,
2022.
Having reviewed the record of the
investigation, including the ID and the
parties’ submissions, the Commission
has found a violation of section 337
with respect to asserted claims 1, 9, 24,
and 29 of the ’117 patent. The
Commission (1) finds that at least one
product from each of the accused
product groups, with the exception of
the QSFP 2x1 Press-fit products, has
been imported; (2) affirms the ID’s
finding of infringement of claim 9 of the
’117 patent with modified reasoning; (3)
for the ’767 patent, affirms the ID’s
construction of ‘‘contact tail adapted for
attachment to the [PCB] that is
perpendicular to the . . . [PCB]’’ with
modified reasoning; (4) affirms the ID’s
determination on infringement for claim
1 of the ’767 patent with modified
reasoning; (5) affirms the ID’s
determination on infringement/noninfringement for claims 4–6, 9–13, 15–
17, 19, and 23 of the ’767 patent; (6)
affirms the ID’s findings with respect to
the technical prong of the domestic
industry requirement for the ’767
patent; (7) affirms the ID’s obviousness
findings for the ’767 patent; (8) takes no
position on the economic prong of the
domestic industry requirement under
subsection 337(a)(3)(A) (plant and
equipment) for all patents; (9) takes no
position on the economic prong of the
domestic industry requirement for the
’767 patent; and (10) affirms the ID’s
findings on the economic prong of the
domestic industry requirement under
subsection 337(a)(3)(B) (employment of
labor or capital) for the ’255 and ’117
patents.
In addition, the Commission finds
that the public interest factors do not
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
preclude issuance of the requested
relief. See 19 U.S.C. 1337(d)(1), (f)(1).
The Commission therefore has
determined that the appropriate remedy
in this investigation is: (1) an LEO
prohibiting the unlicensed entry of
certain electrical connectors and cages,
components thereof, and products
containing the same that infringe one or
more of claims 1, 9, 24, and 29 of the
’117 patent; and (2) CDOs against each
of the named Luxshare respondents.
The Commission has also determined
that the bond during the period of
Presidential review shall be in the
amount of one hundred percent (100%)
of the entered value of the infringing
products that are subject to the LEO and
CDOs. See 19 U.S.C. 1337(j).
The Commission’s reasoning in
support of its determinations is set forth
more fully in its opinion that is issued
concurrently herewith. The
Commission’s opinion and orders were
delivered to the President and to the
United States Trade Representative on
the day of their issuance. The
investigation is hereby terminated.
The Commission vote for this
determination took place on September
8, 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: September 8, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–19811 Filed 9–13–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–557 and 731–
TA–1312 (Review)]
Stainless Steel Sheet and Strip From
China; Scheduling of Expedited FiveYear Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of expedited
reviews pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
revocation of the countervailing and
antidumping duty orders on stainless
steel sheet and strip from China would
be likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.
SUMMARY:
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56443-56444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19811]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1241]
Certain Electrical Connectors and Cages, Components Thereof, and
Products Containing the Same; Notice of a Commission Final
Determination Finding a Violation of Section 337; Issuance of a Limited
Exclusion Order and Cease and Desist Orders; Termination of 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 that a violation of the
Tariff Act of 1930, as amended, has occurred with respect to U.S.
Patent No. 7,371,117 (``the '117 patent''). The Commission has
determined that no violation of section 337 has occurred as to U.S.
Patent Nos. 9,705,255 (``the '255 patent'') and 10,381,767 (``the '767
patent''). The Commission has issued a limited exclusion order
(``LEO'') prohibiting the importation of certain electrical connectors
and cages, components thereof, and products containing the same that
infringe certain claims of the '117 patent, as well as cease and desist
orders (``CDOs'') against the named respondents. This investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2737. 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 January 26, 2021, the Commission
instituted this investigation under
[[Page 56444]]
section 337, based on a complaint filed by Amphenol Corp. of
Wallingford, Connecticut (``Amphenol,'' or ``Complainant''). 86 FR
7104-05 (Jan. 26, 2021). The complaint alleged 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
electrical connectors and cages, components thereof, and products
containing the same by reason of infringement of certain claims of the
'117 patent; U.S. Patent No. 8,371,875 (``the '875 patent''); U.S.
Patent No. 8,864,521 (``the '521 Patent''); the '255 patent; and the
'767 patent. The complaint also alleged the existence of a domestic
industry. The notice of investigation named as respondents: Luxshare
Precision Industry Co., Ltd. and Dongguan Luxshare Precision Industry
Co. Ltd., both of Dongguan City, China; Luxshare Precision Limited (HK)
of Fotan, Hong Kong; and Luxshare-ICT Inc. of Milpitas, California
(collectively, ``Luxshare,'' or ``Respondents''). Id. at 7104. The
Commission's Office of Unfair Import Investigations was not named as a
party in this investigation. Id.
Subsequently, the administrative law judge (``ALJ'') granted
Complainant's motion for partial termination of the investigation by
withdrawal of the '875 and the '521 patents, and claims 2, 14, 17-19,
and 25-27 of the '117 patent; claims 1-3, 5-8, and 18 of the '255
patent; and claims 2-3, 7, 14, 20-22, 30, and 32 of the '767 patent.
See Order No. 29 (Oct. 13, 2021), unreviewed by Comm'n Notice (Nov. 3,
2021). The ALJ also granted in part and denied in part Complainant's
motion for summary determination that it has satisfied the importation
requirement. See Order No. 34 (Oct. 28, 2021), unreviewed by Comm'n
Notice (Nov. 29, 2021). The ALJ also granted in part Luxshare's motion
for summary determination that the importation requirement has not been
met for certain products. See Order No. 35 (Oct. 28, 2021). On November
29, 2021, the Commission determined to review that determination and it
is currently under review. Comm'n Notice (Nov. 29, 2021).
On March 11, 2022, the ALJ issued the final initial determination
(``ID''). On March 25, 2022, Complainant petitioned for review of the
final ID. On April 4, 2022, Respondents filed a response.
On June 21, 2022, the Commission determined to review the ID in
part. 87 FR 38180 (June 17, 2022). Specifically, the Commission
determined to review the ID's findings regarding: (1) importation,
including any findings impacted by the determination on importation;
(2) the Redesigned Products; (3) infringement for claim 9 of the '117
patent; (4) the claim construction of the term ``contact tail adapted
for attachment to the printed circuit board that is perpendicular to
the . . . printed circuit board'' of the '767 patent; (5) infringement
for claims 1, 4-6, 9-13, 15-17, 19, and 23 of the '767 patent; (6) the
technical prong of the domestic industry requirement for the '767
patent; (7) obviousness for the '767 patent; and (8) the economic prong
of the domestic industry requirement. The Commission determined not to
review any other findings, including the ID's findings that Luxshare
does not infringe the asserted claims of the '255 patent. The
Commission asked for briefing on remedy, bonding, and the public
interest, as well as one question related to importation. The parties
filed their opening submissions on July 6, 2022, and their reply
submissions on July 13, 2022.
Having reviewed the record of the investigation, including the ID
and the parties' submissions, the Commission has found a violation of
section 337 with respect to asserted claims 1, 9, 24, and 29 of the
'117 patent. The Commission (1) finds that at least one product from
each of the accused product groups, with the exception of the QSFP 2x1
Press-fit products, has been imported; (2) affirms the ID's finding of
infringement of claim 9 of the '117 patent with modified reasoning; (3)
for the '767 patent, affirms the ID's construction of ``contact tail
adapted for attachment to the [PCB] that is perpendicular to the . . .
[PCB]'' with modified reasoning; (4) affirms the ID's determination on
infringement for claim 1 of the '767 patent with modified reasoning;
(5) affirms the ID's determination on infringement/non-infringement for
claims 4-6, 9-13, 15-17, 19, and 23 of the '767 patent; (6) affirms the
ID's findings with respect to the technical prong of the domestic
industry requirement for the '767 patent; (7) affirms the ID's
obviousness findings for the '767 patent; (8) takes no position on the
economic prong of the domestic industry requirement under subsection
337(a)(3)(A) (plant and equipment) for all patents; (9) takes no
position on the economic prong of the domestic industry requirement for
the '767 patent; and (10) affirms the ID's findings on the economic
prong of the domestic industry requirement under subsection
337(a)(3)(B) (employment of labor or capital) for the '255 and '117
patents.
In addition, the Commission finds that the public interest factors
do not preclude issuance of the requested relief. See 19 U.S.C.
1337(d)(1), (f)(1). The Commission therefore has determined that the
appropriate remedy in this investigation is: (1) an LEO prohibiting the
unlicensed entry of certain electrical connectors and cages, components
thereof, and products containing the same that infringe one or more of
claims 1, 9, 24, and 29 of the '117 patent; and (2) CDOs against each
of the named Luxshare respondents. The Commission has also determined
that the bond during the period of Presidential review shall be in the
amount of one hundred percent (100%) of the entered value of the
infringing products that are subject to the LEO and CDOs. See 19 U.S.C.
1337(j).
The Commission's reasoning in support of its determinations is set
forth more fully in its opinion that is issued concurrently herewith.
The Commission's opinion and orders were delivered to the President and
to the United States Trade Representative on the day of their issuance.
The investigation is hereby terminated.
The Commission vote for this determination took place on September
8, 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: September 8, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19811 Filed 9-13-22; 8:45 am]
BILLING CODE 7020-02-P
