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]

Download as PDF 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 VerDate Sep<11>2014 18:31 Sep 13, 2022 Jkt 256001 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. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 [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 VerDate Sep<11>2014 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

INTERNATIONAL TRADE COMMISSION

[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

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