Certain Radio Frequency Transmission Devices and Components Thereof; Notice of Commission Decision To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation of Section 337; Termination of Investigation, 10379-10380 [2023-03349]
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Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices
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notice of scheduling, which will be
published in the Federal Register as
provided in § 207.21 of the
Commission’s rules, upon notice from
the U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under §§ 703(b) or 733(b)
of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under §§ 705(a) or 735(a) of the Act.
Parties that filed entries of appearance
in the preliminary phase of the
investigations need not enter a separate
appearance for the final phase of the
investigations. Industrial users, and, if
the merchandise under investigation is
sold at the retail level, representative
consumer organizations have the right
to appear as parties in Commission
antidumping and countervailing duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Background
On December 30, 2022, FNA Group,
Inc., Pleasant Prairie, Wisconsin filed
petitions with the Commission and
Commerce, alleging that an industry in
the United States is materially injured
or threatened with material injury by
reason of subsidized imports of gas
powered pressure washers from China
and LTFV imports of gas powered
pressure washers from China and
Vietnam. Accordingly, effective
December 30, 2022, the Commission
instituted countervailing duty
investigation No.701–TA–684 and
antidumping duty investigation Nos.
731–TA–1597–1598 (Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference 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 of January 6, 2023 (88
FR 1093). The Commission conducted
its conference on January 20, 2023. All
persons who requested the opportunity
were permitted to participate.
The Commission made these
determinations pursuant to §§ 703(a)
and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on February 13, 2023.
The views of the Commission are
contained in USITC Publication 5409
(February 2023), entitled Gas Powered
Pressure Washers from China and
VerDate Sep<11>2014
17:13 Feb 16, 2023
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Vietnam: Investigation Nos. 701–TA–
684 and 731–TA–1597–1598
(Preliminary).
By order of the Commission.
Issued: February 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–03437 Filed 2–16–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1278]
Certain Radio Frequency Transmission
Devices and Components Thereof;
Notice of Commission Decision To
Review in Part and, on Review, To
Affirm a Final Initial Determination
Finding No Violation of Section 337;
Termination of Investigation
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 a final initial determination
(‘‘FID’’) of the presiding Chief
Administrative Law Judge (‘‘Chief ALJ’’)
finding no violation of section 337 of
the Tariff Act of 1930 (‘‘section 337’’),
as amended, in this investigation. On
review, the Commission affirms with
modification the FID’s finding of no
violation of section 337. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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
September 2, 2021, the Commission
instituted this investigation under
section 337 based on a complaint filed
by Zebra Technologies Corporation of
Lincolnshire, Illinois (‘‘Complainant’’).
See 86 FR 49344–45 (Sept. 2, 2021). The
complaint, as supplemented, alleges a
SUMMARY:
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10379
violation 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 radio frequency transmission
devices and components thereof by
reason of infringement of claims 1, 3–8,
10, 11, and 13–16 of U.S. Patent No.
6,895,219 (‘‘the ’219 patent’’) and claims
17–19 of U.S. Patent No. 7,683,788 (‘‘the
’788 patent’’) (collectively, the
‘‘Asserted Patents’’). See id. The notice
of investigation names OnAsset
Intelligence, Inc. of Irving, Texas
(‘‘Respondent’’) as the respondent in the
investigation. See id. The Office of
Unfair Import Investigations is not a
party to the investigation. See id.
On May 31, 2022, the Commission
partially terminated the investigation as
to claims 7, 8, and 16 of the ’219 patent
based on the withdrawal of the
allegations in the complaint as to those
claims. See Order No. 20 (May 2, 2022),
unreviewed by Comm’n Notice (May 31,
2022).
On September 16, 2022, the Chief ALJ
issued the FID finding no violation of
section 337. Specifically, the FID finds
that Complainant failed to establish
infringement of the Asserted Patents by
the Respondent. The FID also finds that
claims 17 and 18 (but not claim 19) of
the ’788 patent are invalid as
anticipated by U.S. Patent No. 7,193,504
(‘‘Carrender I’’) (RX–132). The FID
further finds that the domestic industry
requirement is satisfied with respect to
the ’788 patent. The FID does not reach
invalidity and the domestic industry
requirement as to the ’219 patent.
The FID also includes a
Recommended Determination (‘‘RD’’)
recommending, should the Commission
find a violation of section 337, that the
Commission issue: (1) a limited
exclusion order against radio frequency
transmission devices and components
thereof that are imported into the
United States, sold for importation, or
sold within the United States after
importation by or on behalf of the
Respondent; and (2) a cease and desist
order against the Respondent. The RD
further recommends that the
Commission set no bond during the
period of Presidential review.
On September 30, 2022, Complainant
filed a petition for Commission review
of the FID. As to the ’788 patent,
Complainant requests Commission
review with respect to the FID’s findings
concerning: (1) claim construction; (2)
non-infringement; (3) invalidity of
claims 17 and 18; and (4) contingently,
the domestic industry findings as to one
of Complainant’s domestic industry
products. As to the ’219 patent,
Complainant does not challenge the
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Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices
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FID’s findings but requests vacatur of
such findings in view of the impending
expiration of that patent on January 27,
2023.
On October 11, 2022, Respondent
filed a response to Complainant’s
petition. The parties did not file a
statement on the public interest
pursuant to Commission Rule 210.50
(19 CFR 210.50). Nor has the
Commission received any submission in
response to its post-RD Federal Register
notice. See 87 FR 65249–50 (Oct. 28,
2022).
Having examined the record of this
investigation, including the FID and the
parties’ submissions, the Commission
has determined to review the FID in
part, and upon review, to affirm the
FID’s determination of no violation of
section 337. Specifically, as explained
in the Commission Opinion issued
concurrently herewith, the Commission
has determined to review and, on
review, to vacate the FID’s findings as
to the ’219 patent in view of the
expiration of that patent during the
pendency of the investigation. As to the
’788 patent, the Commission has
determined to review and, on review, to:
(1) modify and supplement the FID’s
claim construction findings with respect
to the term ‘‘common reference
frequency’’; (2) affirm with modification
the FID’s non-infringement findings; (3)
affirm with modification the FID’s
findings on the technical prong of the
domestic industry requirement; (4) take
no position as to the economic prong of
the domestic industry requirement; and
(5) reverse the FID’s invalidity findings
over Carrender I. The Commission
adopts all findings in the FID that are
not inconsistent with the Commission’s
determination.
The investigation is terminated.
The Commission’s vote for this
determination took place on February
13, 2023.
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: February 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–03349 Filed 2–16–23; 8:45 am]
BILLING CODE 7020–02–P
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17:13 Feb 16, 2023
Jkt 259001
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–313–314, 317,
and 379 (Fifth Review)]
Brass Sheet and Strip From France,
Germany, Italy and Japan; Scheduling
of Expedited Five-Year 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 antidumping duty
orders on brass sheet and strip from
France, Germany, Italy and Japan would
be likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.
DATES: December 6, 2022.
FOR FURTHER INFORMATION CONTACT:
(Caitlyn Hendricks-Costello-(202) 205–
2058), Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On December 6, 2022,
the Commission determined that the
domestic interested party group
response to its notice of institution (87
FR 53785, September 1, 2022) of the
subject five-year reviews was adequate
and that the respondent interested party
group response was inadequate. The
Commission did not find any other
circumstances that would warrant
conducting full reviews.1 Accordingly,
the Commission determined that it
would conduct expedited reviews
pursuant to section 751(c)(3) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
For further information concerning
the conduct of these reviews and rules
of general application, consult the
Commission’s Rules of Practice and
SUMMARY:
1 A record of the Commissioners’ votes and any
individual Commissioner’s statements will be
available from the Office of the Secretary and at the
Commission’s website.
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Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the reviews has been
placed in the nonpublic record, and will
be made available to persons on the
Administrative Protective Order service
list for these reviews on February 22,
2023. A public version will be issued
thereafter, pursuant to § 207.62(d)(4) of
the Commission’s rules.
Written submissions.—As provided in
§ 207.62(d) of the Commission’s rules,
interested parties that are parties to the
reviews and that have provided
individually adequate responses to the
notice of institution,2 and any party
other than an interested party to the
reviews may file written comments with
the Secretary on what determination the
Commission should reach in the
reviews. Comments are due on or before
March 2, 2023 and may not contain new
factual information. Any person that is
neither a party to the five-year reviews
nor an interested party may submit a
brief written statement (which shall not
contain any new factual information)
pertinent to the reviews by March 2,
2023. If comments contain business
proprietary information (BPI), they must
conform with the requirements of
§§ 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on Filing Procedures,
available on the Commission’s website
at https://www.usitc.gov/documents/
handbook_on_filing_procedures.pdf,
elaborates upon the Commission’s
procedures with respect to filings.
In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to the reviews must be served
on all other parties to the reviews (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Determination.—The Commission has
determined these reviews are
extraordinarily complicated and
therefore has determined to exercise its
authority to extend the review period by
up to 90 days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: These reviews are being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
2 The Commission has found the responses
submitted on behalf of Aurubis Buffalo, Inc., Heyco
Metals, Inc., PMX Industries, Inc., and Wieland
Holdings, Inc. to be individually adequate.
Comments from other interested parties will not be
accepted (see 19 CFR 207.62(d)(2)).
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]]>Agencies
[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10379-10380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03349]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1278]
Certain Radio Frequency Transmission Devices and Components
Thereof; Notice of Commission Decision To Review in Part and, on
Review, To Affirm a Final Initial Determination Finding No Violation of
Section 337; 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 to review in part a final initial
determination (``FID'') of the presiding Chief Administrative Law Judge
(``Chief ALJ'') finding no violation of section 337 of the Tariff Act
of 1930 (``section 337''), as amended, in this investigation. On
review, the Commission affirms with modification the FID's finding of
no violation of section 337. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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 September 2, 2021, the Commission
instituted this investigation under section 337 based on a complaint
filed by Zebra Technologies Corporation of Lincolnshire, Illinois
(``Complainant''). See 86 FR 49344-45 (Sept. 2, 2021). The complaint,
as supplemented, alleges a violation 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 radio
frequency transmission devices and components thereof by reason of
infringement of claims 1, 3-8, 10, 11, and 13-16 of U.S. Patent No.
6,895,219 (``the '219 patent'') and claims 17-19 of U.S. Patent No.
7,683,788 (``the '788 patent'') (collectively, the ``Asserted
Patents''). See id. The notice of investigation names OnAsset
Intelligence, Inc. of Irving, Texas (``Respondent'') as the respondent
in the investigation. See id. The Office of Unfair Import
Investigations is not a party to the investigation. See id.
On May 31, 2022, the Commission partially terminated the
investigation as to claims 7, 8, and 16 of the '219 patent based on the
withdrawal of the allegations in the complaint as to those claims. See
Order No. 20 (May 2, 2022), unreviewed by Comm'n Notice (May 31, 2022).
On September 16, 2022, the Chief ALJ issued the FID finding no
violation of section 337. Specifically, the FID finds that Complainant
failed to establish infringement of the Asserted Patents by the
Respondent. The FID also finds that claims 17 and 18 (but not claim 19)
of the '788 patent are invalid as anticipated by U.S. Patent No.
7,193,504 (``Carrender I'') (RX-132). The FID further finds that the
domestic industry requirement is satisfied with respect to the '788
patent. The FID does not reach invalidity and the domestic industry
requirement as to the '219 patent.
The FID also includes a Recommended Determination (``RD'')
recommending, should the Commission find a violation of section 337,
that the Commission issue: (1) a limited exclusion order against radio
frequency transmission devices and components thereof that are imported
into the United States, sold for importation, or sold within the United
States after importation by or on behalf of the Respondent; and (2) a
cease and desist order against the Respondent. The RD further
recommends that the Commission set no bond during the period of
Presidential review.
On September 30, 2022, Complainant filed a petition for Commission
review of the FID. As to the '788 patent, Complainant requests
Commission review with respect to the FID's findings concerning: (1)
claim construction; (2) non-infringement; (3) invalidity of claims 17
and 18; and (4) contingently, the domestic industry findings as to one
of Complainant's domestic industry products. As to the '219 patent,
Complainant does not challenge the
[[Page 10380]]
FID's findings but requests vacatur of such findings in view of the
impending expiration of that patent on January 27, 2023.
On October 11, 2022, Respondent filed a response to Complainant's
petition. The parties did not file a statement on the public interest
pursuant to Commission Rule 210.50 (19 CFR 210.50). Nor has the
Commission received any submission in response to its post-RD Federal
Register notice. See 87 FR 65249-50 (Oct. 28, 2022).
Having examined the record of this investigation, including the FID
and the parties' submissions, the Commission has determined to review
the FID in part, and upon review, to affirm the FID's determination of
no violation of section 337. Specifically, as explained in the
Commission Opinion issued concurrently herewith, the Commission has
determined to review and, on review, to vacate the FID's findings as to
the '219 patent in view of the expiration of that patent during the
pendency of the investigation. As to the '788 patent, the Commission
has determined to review and, on review, to: (1) modify and supplement
the FID's claim construction findings with respect to the term ``common
reference frequency''; (2) affirm with modification the FID's non-
infringement findings; (3) affirm with modification the FID's findings
on the technical prong of the domestic industry requirement; (4) take
no position as to the economic prong of the domestic industry
requirement; and (5) reverse the FID's invalidity findings over
Carrender I. The Commission adopts all findings in the FID that are not
inconsistent with the Commission's determination.
The investigation is terminated.
The Commission's vote for this determination took place on February
13, 2023.
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: February 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03349 Filed 2-16-23; 8:45 am]
BILLING CODE 7020-02-P
