Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Institution of Investigation, 62454-62455 [2022-22288]

Download as PDF jspears on DSK121TN23PROD with NOTICES 62454 Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3647’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures.) 1 Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: October 7, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–22353 Filed 10–13–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1332] Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Institution of Investigation U.S. International Trade Commission. AGENCY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 ACTION: Notice. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 23, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. A supplement to the complaint was filed on September 12, 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 semiconductors and devices and products containing the same, including printed circuit boards, automotive parts, and automobiles by reason of the infringement of certain claims of U.S. Patent No. 8,775,833 (‘‘the ’833 patent’’); U.S. Patent No. 8,898,494 (‘‘the ’494 patent’’); U.S. Patent No. 9,575,895 (‘‘the ’895 patent’’); U.S. Patent No. 10,049,080 (‘‘the ’080 patent’’); U.S. Patent No. 10,394,300 (‘‘the ’300 patent’’); and U.S. Patent No. 10,705,588 (‘‘the ’588 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 (2022). SUMMARY: E:\FR\FM\14OCN1.SGM 14OCN1 jspears on DSK121TN23PROD with NOTICES Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 6, 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 1–18 of the ’833 patent; claims 1–18 of the ’494 patent; claims 1–17 of the ’895 patent; claims 1–24 of the ’080 patent; claims 1–19 of the ’300 patent; and claims 1–20 of the ’588 patent, and whether an industry in the United States exists or is in the process of being established 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 ‘‘semiconductor chips and printed circuit boards for use in automobile infotainment systems and instrument clusters, and automobile infotainment systems, instrument clusters, and automobiles containing the same, and components thereof’’; (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1) (4) 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 complainant is: Daedalus Prime LLC, 51 Pondfield Road, Suite 3, Bronxville, NY 10708 (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: Avnet, Inc., 2211 South 47th Street, Phoenix, AZ 85034 Digi-Key Electronics, 701 Brooks Avenue South, Thief River Falls, MN 56701 VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 Mercedes-Benz Group AG, 70546 Stuttgart, Germany Mercedes-Benz AG, Epplestrabe 225, 70567 Stuttgart-Mo¨hringen, Germany Mercedes-Benz USA, LLC, 1 MercedesBenz Drive, Sandy Springs, GA 30328 Mouser Electronics, Inc., 1000 North Main Street, Mansfield, TX 76063 Newark, 300 S Riverside Plaza, Suite 2200, Chicago, IL 60606 NXP Semiconductors N.V., High Tech Campus 60, 5656 AG Eindhoven, Netherlands NXP USA, Inc., 6501 W William Cannon Dr., Austin, TX 78735 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. 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 complainant 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: October 7, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–22288 Filed 10–13–22; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 62455 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1226] Certain Artificial Eyelash Extension Systems, Products, and Components Thereof; Notice of the Commission’s Final Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has found no violation of section 337 of the Tariff Act of 1930, as amended, in the abovecaptioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. 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 October 28, 2020, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Lashify, Inc. of Glendale, California (‘‘Lashify’’). See 85 FR 68366–67 (Oct. 28, 2020). The complaint, as supplemented, alleges a violation of section 337 based upon the importation into the United States, sale for importation, or sale after importation into the United States of certain artificial eyelash extension systems, products, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 10,660,388 (‘‘the ’388 patent’’) and 10,721,984 (‘‘the ’984 patent’’), and the sole claims of U.S. Design Patent Nos. D877,416 (‘‘the D’416 patent’’) and D867,664 (‘‘the D’664 patent’’), respectively (collectively, the ‘‘Asserted Patents’’). The complaint also alleges the existence of a domestic industry. The notice of SUMMARY: E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62454-62455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22288]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1332]


Certain Semiconductors and Devices and Products Containing the 
Same, Including Printed Circuit Boards, Automotive Parts, and 
Automobiles; 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 August 23, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime 
LLC of Bronxville, New York. A supplement to the complaint was filed on 
September 12, 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 semiconductors and devices and products containing the same, 
including printed circuit boards, automotive parts, and automobiles by 
reason of the infringement of certain claims of U.S. Patent No. 
8,775,833 (``the '833 patent''); U.S. Patent No. 8,898,494 (``the '494 
patent''); U.S. Patent No. 9,575,895 (``the '895 patent''); U.S. Patent 
No. 10,049,080 (``the '080 patent''); U.S. Patent No. 10,394,300 (``the 
'300 patent''); and U.S. Patent No. 10,705,588 (``the '588 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute.
    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 
[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: 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 (2022).

[[Page 62455]]

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 6, 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 1-18 of the '833 patent; claims 1-18 of the '494 patent; claims 
1-17 of the '895 patent; claims 1-24 of the '080 patent; claims 1-19 of 
the '300 patent; and claims 1-20 of the '588 patent, and whether an 
industry in the United States exists or is in the process of being 
established 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 ``semiconductor chips 
and printed circuit boards for use in automobile infotainment systems 
and instrument clusters, and automobile infotainment systems, 
instrument clusters, and automobiles containing the same, and 
components thereof'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1)
    (4) 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 complainant is:

Daedalus Prime LLC, 51 Pondfield Road, Suite 3, Bronxville, NY 10708

    (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:

Avnet, Inc., 2211 South 47th Street, Phoenix, AZ 85034

Digi-Key Electronics, 701 Brooks Avenue South, Thief River Falls, MN 
56701

Mercedes-Benz Group AG, 70546 Stuttgart, Germany

Mercedes-Benz AG, Epplestra[beta]e 225, 70567 Stuttgart-M[ouml]hringen, 
Germany

Mercedes-Benz USA, LLC, 1 Mercedes-Benz Drive, Sandy Springs, GA 30328

Mouser Electronics, Inc., 1000 North Main Street, Mansfield, TX 76063

Newark, 300 S Riverside Plaza, Suite 2200, Chicago, IL 60606

NXP Semiconductors N.V., High Tech Campus 60, 5656 AG Eindhoven, 
Netherlands

NXP USA, Inc., 6501 W William Cannon Dr., Austin, TX 78735

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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 
complainant 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: October 7, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-22288 Filed 10-13-22; 8:45 am]
BILLING CODE 7020-02-P
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