Certain Toner Supply Containers and Components Thereof (I); Notice of Commission Determination To Institute a Modification Proceeding; Schedule and Procedure for the Modification Proceeding, 35915-35917 [2023-11658]
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0035952;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Intent To Repatriate Cultural
Items: Museum of Us, San Diego, CA
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
In accordance with the Native
American Graves Protection and
Repatriation Act (NAGPRA), the
Museum of Us intends to repatriate
certain cultural items that meet the
definition of unassociated funerary
objects and that have a cultural
affiliation with the Indian Tribes or
Native Hawaiian organizations in this
notice. The cultural items were removed
from Tennessee and Mississippi.
DATES: Repatriation of the cultural items
in this notice may occur on or after July
3, 2023.
ADDRESSES: Carmen Mosley, NAGPRA
Repatriation Manager, Museum of Us,
1350 El Prado, Balboa Park, San Diego,
CA 92101, telephone (619) 239–2001
Ext. 42, email cmosley@
museumofus.org.
SUMMARY:
This
notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA. The
determinations in this notice are the
sole responsibility of the Museum of Us.
The National Park Service is not
responsible for the determinations in
this notice. Additional information on
the determinations in this notice,
including the results of consultation,
can be found in the summary or related
records held by the Museum of Us.
SUPPLEMENTARY INFORMATION:
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Description
At an unknown date, one cultural
item was removed from an unknown
county in the State of Mississippi. In
1939, George L. Hyatt donated the item
to the San Diego Museum (now Museum
of Us). The unassociated funerary object
is an axe head.
At an unknown date, three cultural
items were removed from Hickman
County, TN. The items were found in a
stone-lined grave situated at the
junction of the Piney and Duck Rivers.
In 1957, George A. Leupold donated the
items to the San Diego Museum of Man
(now Museum of Us). The three
unassociated funerary objects are one
adze blade, one double-headed axe
head, and one biconcave discoidal.
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At an unknown date, two cultural
items were removed from an unknown
county in the State of Tennessee.
Subsequently, Geoffrey Smith, a retired
physician and prolific collector of
archeological and historic items,
acquired these items from the E. Lorenz
Borenstein Gallery. In 2010, Smith
donated the items to the Museum of
Man (now Museum of Us), along with
a large Latin American archeological
collection. The two unassociated
funerary objects are one conch shell
mask, and one conch shell dipper.
Cultural Affiliation
The cultural items in this notice are
connected to one or more identifiable
earlier groups, tribes, peoples, or
cultures. There is a relationship of
shared group identity between the
identifiable earlier groups, tribes,
peoples, or cultures and one or more
Indian Tribes or Native Hawaiian
organizations. The following types of
information were used to reasonably
trace the relationship: geographical and
historical.
Determinations
Pursuant to NAGPRA and its
implementing regulations, and after
consultation with the appropriate
Indian Tribes and Native Hawaiian
organizations, the Museum of Us has
determined that:
• The six cultural items described
above 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 and are believed, by a
preponderance of the evidence, to have
been removed from a specific burial site
of a Native American individual.
• There is a relationship of shared
group identity that can be reasonably
traced between the cultural items and
The Chickasaw Nation.
Requests for Repatriation
Additional, written requests for
repatriation of the cultural items in this
notice must be sent to the Responsible
Official identified in ADDRESSES.
Requests for repatriation may be
submitted by any lineal descendant,
Indian Tribe, or Native Hawaiian
organization not identified in this notice
who shows, by a preponderance of the
evidence, that the requestor is a lineal
descendant or a culturally affiliated
Indian Tribe or Native Hawaiian
organization.
Repatriation of the cultural items in
this notice to a requestor may occur on
or after July 3, 2023. If competing
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35915
requests for repatriation are received,
the Museum of Us must determine the
most appropriate requestor prior to
repatriation. Requests for joint
repatriation of the cultural items are
considered a single request and not
competing requests. The Museum of Us
is responsible for sending a copy of this
notice to the Indian Tribe identified in
this notice.
Authority: Native American Graves
Protection and Repatriation Act, 25
U.S.C. 3003, and the implementing
regulations, 43 CFR 10.8, 10.10, and
10.14.
Dated: May 24, 2023.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2023–11693 Filed 5–31–23; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1259]
Certain Toner Supply Containers and
Components Thereof (I); Notice of
Commission Determination To Institute
a Modification Proceeding; Schedule
and Procedure for the Modification
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to institute a modification
proceeding in the above-captioned
investigation. The Commission has also
determined to delegate the modification
proceeding to the Chief Administrative
Law Judge (‘‘ALJ’’) to designate a
presiding ALJ to make all necessary
factual and legal findings as to
infringement and to issue a
recommended determination.
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
SUMMARY:
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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: On April
13, 2021, 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 Canon Inc. of Tokyo,
Japan; Canon U.S.A., Inc. of Melville,
New York; and Canon Virginia, Inc. of
Newport News, Virginia (collectively,
‘‘Complainants’’). See 86 FR 19284–86.
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 toner supply containers and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 10,209,667 (‘‘the ’667
patent’’); 10,289,060 (‘‘the ’060 patent’’);
10,289,061 (‘‘the ’061 patent’’);
10,295,957 (‘‘the ’957 patent’’);
10,488,814 (‘‘the ’814 patent’’);
10,496,032 (‘‘the ’032 patent’’);
10,496,033 (‘‘the ’033 patent’’);
10,514,654 (‘‘the ’654 patent’’);
10,520,881 (‘‘the ’881 patent’’);
10,520,882 (‘‘the ’882 patent’’);
8,565,649; 9,354,551; and 9,753,402. Id.
The complaint further alleges that a
domestic industry exists. Id.
The Commission instituted two
separate investigations based on the
complaint and defined the scope of the
present investigation as whether there is
a violation of section 337 in the
importation, sale for importation, or sale
within the United States after
importation of toner supply containers
and components thereof by reason of
infringement of certain claims the ’667
patent, the ’060 patent, the ’061 patent,
the ’957 patent, the ’814 patent, the ’032
patent, the ’033 patent, the ’654 patent,
the ’881 patent, and the ’882 patent
(collectively, ‘‘the Asserted Patents’’).
Id.
The notice of investigation (‘‘NOI’’)
names twenty-six respondents,
including twenty-two later found in
default: (1) Sichuan XingDian
Technology Co., Ltd. (‘‘Sichuan
XingDian’’) of Sichuan, China; (2)
Sichuan Wiztoner Technology Co., Ltd.
(‘‘Sichuan Wiztoner’’) of Sichuan,
China; (3) Copier Repair Specialists, Inc.
(‘‘Copier Repair Specialists’’) of
Lewisville, Texas; (4) Digital Marketing
Corporation d/b/a Digital Buyer
Marketing Company (‘‘Digital Buyer’’) of
Los Angeles, California; (5) Ink
Technologies Printer Supplies, LLC
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(‘‘Ink Tech’’) of Dayton, Ohio; (6)
Kuhlmann Enterprises, Inc. d/b/a
Precision Roller (‘‘Precision Roller’’) of
Phoenix, Arizona; (7) NAR Cartridges of
Burlingame, California; (8) Zhuhai
Henyun Image Co., Ltd. (‘‘Zhuhai
Henyun’’) of Zhuhai, China; (9) Zinyaw
LLC d/b/a TonerPirate.com and Supply
District (‘‘Zinyaw’’) of Houston, Texas;
(10) Do It Wiser, Inc. d/b/a Image Toner
(‘‘Do It Wiser’’) of Wilmington,
Delaware; (11) MITOCOLOR INC.
(‘‘MITOCOLOR’’) of Rowland Heights,
California; (12) Anhuiyatengshang
maoyouxiangongsi (‘‘Yatengshang’’) of
Ganyuqu, China; (13)
ChengDuXiangChangNanShiYouSheBei
YouXianGongSi (‘‘ChengDuXiang’’) of
SiChuanSheng, China; (14)
Hefeierlandianzishangwuyouxiangongsi
(‘‘Erlandianzishang’’) of Chengdushi,
China; (15) Xianshi yanliangqu
canqiubaihuodianshanghang (‘‘CJ-us’’)
of Shanxisheng, China; (16) Ninestar
Corporation of Guangdong, China; (17)
Ninestar Image Tech Limited (‘‘Ninestar
Image’’) of Guangdong, China; (18)
Ninestar Technology Company, Ltd.
(‘‘Ninestar Tech’’) of Chino, California
(where Ninestar Corporation, Ninestar
Image, and Ninestar Tech are
collectively, ‘‘Ninestar Respondents’’);
(19) Static Control Components, Inc.
(‘‘Static Control’’) of Sanford, North
Carolina; (20) Easy Group, LLC (‘‘Easy
Group’’) of Irwindale, California; (21)
LD Products, Inc. (‘‘LD Products’’) of
Long Beach, California; and (22) The
Supplies Guys, Inc. (‘‘Supplies Guys’’)
of Lancaster, Pennsylvania;
(collectively, ‘‘Defaulting
Respondents’’). Id. The NOI also names
the following respondents who were
previously terminated from the
investigation: General Plastic Industrial
Co. Ltd. (‘‘General Plastic’’) of Taichung,
Taiwan; Katun Corporation (‘‘Katun’’) of
Minneapolis, Minnesota; Sun Data
Supply, Inc. (‘‘Sun Data Supply’’) of Los
Angeles, California; and Shenzhenshi
Keluodeng Kejiyouxiangognsi
(‘‘KenoGen’’) of Guangdong, China. Id.
The Office of Unfair Import
Investigations (‘‘OUII’’) was also a party
to the investigation. Id.
The complaint and NOI were later
amended to correct the name of
originally-identified respondent Do It
Wiser, LLC d/b/a Image Toner to Do It
Wiser, Inc. d/b/a Image Toner. Order
No. 5 (May 13, 2021), unreviewed by 86
FR 29292–93 (June 1, 2021).
The Commission found the Ninestar
Respondents, Static Control, Easy
Group, LD Products, and Supplies Guys
in default. Order No. 7 (June 22, 2021),
unreviewed by Notice (July 6, 2021). The
Commission also found respondents
Sichuan XingDian, Sichuan Wiztoner,
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Copier Repair Specialists, Digital Buyer,
Ink Tech, Precision Roller, NAR
Cartridges, Zhuhai Henyun, Zinyaw, Do
It Wiser, MITOCOLOR, Yatengshang,
ChengDuXiang, Erlandianzishang, and
CJ-us in default. Order No. 18 (Sept. 28,
2021), unreviewed by Notice (Oct. 27,
2021). The Commission terminated
respondents General Plastic, Katun, and
Sun Data Supply from the investigation
pursuant to consent order stipulations.
Order No. 10 (July 1, 2021), unreviewed
by Notice (July 19, 2021). The
Commission further terminated
respondent KenoGen from the
investigation based on partial
withdrawal of the complaint. Order No.
13, unreviewed by Notice (Aug. 25,
2021).
The Commission also terminated
investigation as to certain claims of the
Asserted Patents. Order No. 11,
unreviewed by Notice (Aug. 25, 2021).
On October 1, 2021, Canon filed a
motion seeking summary determination
that the Defaulting Respondents have
violated section 337 and requesting that
the presiding ALJ recommend that the
Commission issue a general exclusion
order (‘‘GEO’’) and cease and desist
orders (‘‘CDOs’’) against certain
respondents and set a 100 percent bond
for any importations of infringing goods
during the period of Presidential review.
On May 15, 2022, the presiding Chief
ALJ issued an initial determination
(‘‘ID’’) granting Canon’s motion and
finding violations of section 337 by the
Defaulting Respondents with respect to
certain asserted patent claims. The Chief
ALJ recommended that the Commission:
(i) issue a GEO; (ii) issue CDOs against
respondents Ninestar Tech, Static
Control, Copier Repair Specialists,
Digital Buyer, Do It Wiser, Easy Group,
Ink Tech, Precision Roller, LD Products,
NAR Cartridges, Supplies Guys,
MITOCOLOR, Zinyaw, Ninestar
Corporation, Ninestar Image, Sichuan
XingDian, Sichuan Wiztoner,
Yatengshang, ChengDuXiang, and
Erlandianzishang; and (iii) set a 100
percent bond for any importations of
infringing products during the period of
Presidential review.
On August 1, 2022, the Commission
determined to affirm the ID’s
determination of a violation of section
337 with respect to Defaulting
Respondents. 87 FR 48039–41 (Aug. 5,
2022). Accordingly, the Commission
issued: (1) a GEO prohibiting the
unlicensed entry of certain toner supply
containers and components thereof that
infringe one or more of claim 1 of the
’667 patent; claim 1 of the ’060 patent;
claim 1 of the ’061 patent; claim 1 of the
’957 patent; claims 1 and 12 of the ’814
patent; claims 50, 58, and 61 of the ’032
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patent; claims 1 and 13 of the ’033
patent; claims 46 and 50 of the ’654
patent; claims 1, 10, and 13 of the ’881
patent; or claims 1 and 8 of the ’882
patent; and (2) CDOs against
respondents Ninestar Tech, Static
Control, Copier Repair Specialists,
Digital Buyer, Do It Wiser, Easy Group,
Ink Tech, Precision Roller, LD Products,
NAR Cartridges, Supplies Guys,
MITOCOLOR, Zinyaw, Ninestar
Corporation, Ninestar Image, Sichuan
XingDian, Sichuan Wiztoner,
Yatengshang, ChengDuXiang, and
Erlandianzishang. Id.
On April 25, 2023, respondents Katun
and General Plastic filed a petition
pursuant to Commission Rule 210.76
(19 CFR 210.76) to modify the GEO in
order to clarify that the order does not
cover certain Katun and General Plastic
redesigned toner supply containers
(‘‘New Katun Containers’’). Katun and
General Plastic also assert that if
Complainants ‘‘seek to extend language
of the claims of the Asserted Patents to
cover the New Katun Containers, such
an expansion of scope is impermissible
and renders the Asserted Patents
invalid.’’ Pet. at 2–3, 29–30.
On May 5, 2023, Complainants filed
an opposition to Katun’s and General
Plastic’s petition for a modification of
the GEO. Complainants argue that Katun
and General Plastic have not shown
why the redesign could not have been
adjudicated in the original investigation,
and thus there is no basis to conclude
the redesign constitutes a changed
condition of fact. Complainants further
argue that Katun and General Plastic do
not make a plausible showing that the
New Katun Containers do not infringe
the Asserted Patents, and accordingly,
no modification is required.
Complainants argue that if a
modification proceeding is instituted,
then it should be referred to an ALJ for
findings of fact and an initial
determination. OUII did not file a
response to the petition.
The Commission has determined that
the petition complies with the
requirements for institution of a
modification proceeding under
Commission Rule 210.76(a)(1) (19 CFR
210.76(a)(1)) to determine whether
Katun and General Plastic’s redesigned
New Katun Containers infringe one or
more of claim 1 of the ’667 patent; claim
1 of the ’060 patent; claim 1 of the ’061
patent; claim 1 of the ’957 patent; claims
1 and 12 of the ’814 patent; claims 50,
58, and 61 of the ’032 patent; claims 1
and 13 of the ’033 patent; claims 46 and
50 of the ’654 patent; claims 1, 10, and
13 of the ’881 patent; or claims 1 and
8 of the ’882 patent. The modification
proceeding shall not include any
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validity issues because an invalidity
challenge is not a proper basis to modify
an exclusion order. Mayborn Group, Ltd.
v. Int’l Trade Comm’n, 965 F.3d 1350
(Fed. Cir. 2020). Further, the consent
orders issued against Katun and General
Plastic prohibit them from challenging
validity of the relevant patents. 19 CFR
210.21(c)(4)(vi); Consent Order to Katun
and General Plastic at ¶ 9 (July 19,
2021). Accordingly, the Commission has
determined to institute a modification
proceeding and refer the petition to the
Chief ALJ as detailed in the
accompanying Order.
The assigned ALJ will make findings,
may request briefing, and will issue a
recommended determination (‘‘RD’’) to
the Commission within six months of
publication of this notice in the Federal
Register. Should the ALJ determine that
more time is necessary, the deadline
may be extended for good cause shown.
The Commission will issue a
modification opinion within 90 days of
receipt of the ALJ’s RD unless the
Commission otherwise orders. The
following entities are named as parties
to the proceeding: (1) Canon Inc; (2)
Canon U.S.A., Inc.; (3) Canon Virginia,
Inc; (4) Katun; (5) General Plastic; and
(6) OUII.
The Commission vote for this
determination took place on May 25,
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: May 26, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–11658 Filed 5–31–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–921 (Fourth
Review)]
Folding Gift Boxes From China;
Institution of a Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted a review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
duty order on folding gift boxes from
SUMMARY:
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35917
China would be likely to lead to
continuation or recurrence of material
injury. Pursuant to the Act, interested
parties are requested to respond to this
notice by submitting the information
specified below to the Commission.
Instituted June 1, 2023. To be
assured of consideration, the deadline
for responses is July 3, 2023. Comments
on the adequacy of responses may be
filed with the Commission by August
10, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
Kristina Lara (202–205–3386), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired 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 January 8, 2002, the
Department of Commerce (‘‘Commerce’’)
issued an antidumping duty order on
imports of folding gift boxes from China
(67 FR 864). Commerce issued a
continuation of the antidumping duty
order on imports of folding gift boxes
from China following Commerce’s and
the Commission’s first five-year reviews,
effective May 18, 2007 (72 FR 28025),
second five-year reviews, effective
March 5, 2013 (78 FR 14269), and third
five-year reviews, effective July 11, 2018
(83 FR 32073). The Commission is now
conducting fourth reviews pursuant to
section 751(c) of the Act, as amended
(19 U.S.C. 1675(c)), to determine
whether revocation of the order would
be likely to lead to continuation or
recurrence of material injury to the
domestic industry within a reasonably
foreseeable time. Provisions concerning
the conduct of this proceeding may be
found in the Commission’s Rules of
Practice and Procedure at 19 CFR part
201, subparts A and B, and 19 CFR part
207, subparts A and F. The Commission
will assess the adequacy of interested
party responses to this notice of
institution to determine whether to
conduct a full or expedited review. The
Commission’s determination in any
expedited review will be based on the
facts available, which may include
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]]>Agencies
[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35915-35917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11658]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1259]
Certain Toner Supply Containers and Components Thereof (I);
Notice of Commission Determination To Institute a Modification
Proceeding; Schedule and Procedure for the Modification Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to institute a modification
proceeding in the above-captioned investigation. The Commission has
also determined to delegate the modification proceeding to the Chief
Administrative Law Judge (``ALJ'') to designate a presiding ALJ to make
all necessary factual and legal findings as to infringement and to
issue a recommended determination.
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
[email protected]. General information concerning the Commission may
also be obtained by accessing its
[[Page 35916]]
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: On April 13, 2021, 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 Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Melville, New
York; and Canon Virginia, Inc. of Newport News, Virginia (collectively,
``Complainants''). See 86 FR 19284-86. 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 toner supply containers and components thereof
by reason of infringement of certain claims of U.S. Patent Nos.
10,209,667 (``the '667 patent''); 10,289,060 (``the '060 patent'');
10,289,061 (``the '061 patent''); 10,295,957 (``the '957 patent'');
10,488,814 (``the '814 patent''); 10,496,032 (``the '032 patent'');
10,496,033 (``the '033 patent''); 10,514,654 (``the '654 patent'');
10,520,881 (``the '881 patent''); 10,520,882 (``the '882 patent'');
8,565,649; 9,354,551; and 9,753,402. Id. The complaint further alleges
that a domestic industry exists. Id.
The Commission instituted two separate investigations based on the
complaint and defined the scope of the present investigation as whether
there is a violation of section 337 in the importation, sale for
importation, or sale within the United States after importation of
toner supply containers and components thereof by reason of
infringement of certain claims the '667 patent, the '060 patent, the
'061 patent, the '957 patent, the '814 patent, the '032 patent, the
'033 patent, the '654 patent, the '881 patent, and the '882 patent
(collectively, ``the Asserted Patents''). Id.
The notice of investigation (``NOI'') names twenty-six respondents,
including twenty-two later found in default: (1) Sichuan XingDian
Technology Co., Ltd. (``Sichuan XingDian'') of Sichuan, China; (2)
Sichuan Wiztoner Technology Co., Ltd. (``Sichuan Wiztoner'') of
Sichuan, China; (3) Copier Repair Specialists, Inc. (``Copier Repair
Specialists'') of Lewisville, Texas; (4) Digital Marketing Corporation
d/b/a Digital Buyer Marketing Company (``Digital Buyer'') of Los
Angeles, California; (5) Ink Technologies Printer Supplies, LLC (``Ink
Tech'') of Dayton, Ohio; (6) Kuhlmann Enterprises, Inc. d/b/a Precision
Roller (``Precision Roller'') of Phoenix, Arizona; (7) NAR Cartridges
of Burlingame, California; (8) Zhuhai Henyun Image Co., Ltd. (``Zhuhai
Henyun'') of Zhuhai, China; (9) Zinyaw LLC d/b/a TonerPirate.com and
Supply District (``Zinyaw'') of Houston, Texas; (10) Do It Wiser, Inc.
d/b/a Image Toner (``Do It Wiser'') of Wilmington, Delaware; (11)
MITOCOLOR INC. (``MITOCOLOR'') of Rowland Heights, California; (12)
Anhuiyatengshangmaoyouxiangongsi (``Yatengshang'') of Ganyuqu, China;
(13) ChengDuXiangChangNanShiYouSheBeiYouXianGongSi (``ChengDuXiang'')
of SiChuanSheng, China; (14) Hefeierlandianzishangwuyouxiangongsi
(``Erlandianzishang'') of Chengdushi, China; (15) Xianshi yanliangqu
canqiubaihuodianshanghang (``CJ-us'') of Shanxisheng, China; (16)
Ninestar Corporation of Guangdong, China; (17) Ninestar Image Tech
Limited (``Ninestar Image'') of Guangdong, China; (18) Ninestar
Technology Company, Ltd. (``Ninestar Tech'') of Chino, California
(where Ninestar Corporation, Ninestar Image, and Ninestar Tech are
collectively, ``Ninestar Respondents''); (19) Static Control
Components, Inc. (``Static Control'') of Sanford, North Carolina; (20)
Easy Group, LLC (``Easy Group'') of Irwindale, California; (21) LD
Products, Inc. (``LD Products'') of Long Beach, California; and (22)
The Supplies Guys, Inc. (``Supplies Guys'') of Lancaster, Pennsylvania;
(collectively, ``Defaulting Respondents''). Id. The NOI also names the
following respondents who were previously terminated from the
investigation: General Plastic Industrial Co. Ltd. (``General
Plastic'') of Taichung, Taiwan; Katun Corporation (``Katun'') of
Minneapolis, Minnesota; Sun Data Supply, Inc. (``Sun Data Supply'') of
Los Angeles, California; and Shenzhenshi Keluodeng Kejiyouxiangognsi
(``KenoGen'') of Guangdong, China. Id. The Office of Unfair Import
Investigations (``OUII'') was also a party to the investigation. Id.
The complaint and NOI were later amended to correct the name of
originally-identified respondent Do It Wiser, LLC d/b/a Image Toner to
Do It Wiser, Inc. d/b/a Image Toner. Order No. 5 (May 13, 2021),
unreviewed by 86 FR 29292-93 (June 1, 2021).
The Commission found the Ninestar Respondents, Static Control, Easy
Group, LD Products, and Supplies Guys in default. Order No. 7 (June 22,
2021), unreviewed by Notice (July 6, 2021). The Commission also found
respondents Sichuan XingDian, Sichuan Wiztoner, Copier Repair
Specialists, Digital Buyer, Ink Tech, Precision Roller, NAR Cartridges,
Zhuhai Henyun, Zinyaw, Do It Wiser, MITOCOLOR, Yatengshang,
ChengDuXiang, Erlandianzishang, and CJ-us in default. Order No. 18
(Sept. 28, 2021), unreviewed by Notice (Oct. 27, 2021). The Commission
terminated respondents General Plastic, Katun, and Sun Data Supply from
the investigation pursuant to consent order stipulations. Order No. 10
(July 1, 2021), unreviewed by Notice (July 19, 2021). The Commission
further terminated respondent KenoGen from the investigation based on
partial withdrawal of the complaint. Order No. 13, unreviewed by Notice
(Aug. 25, 2021).
The Commission also terminated investigation as to certain claims
of the Asserted Patents. Order No. 11, unreviewed by Notice (Aug. 25,
2021).
On October 1, 2021, Canon filed a motion seeking summary
determination that the Defaulting Respondents have violated section 337
and requesting that the presiding ALJ recommend that the Commission
issue a general exclusion order (``GEO'') and cease and desist orders
(``CDOs'') against certain respondents and set a 100 percent bond for
any importations of infringing goods during the period of Presidential
review.
On May 15, 2022, the presiding Chief ALJ issued an initial
determination (``ID'') granting Canon's motion and finding violations
of section 337 by the Defaulting Respondents with respect to certain
asserted patent claims. The Chief ALJ recommended that the Commission:
(i) issue a GEO; (ii) issue CDOs against respondents Ninestar Tech,
Static Control, Copier Repair Specialists, Digital Buyer, Do It Wiser,
Easy Group, Ink Tech, Precision Roller, LD Products, NAR Cartridges,
Supplies Guys, MITOCOLOR, Zinyaw, Ninestar Corporation, Ninestar Image,
Sichuan XingDian, Sichuan Wiztoner, Yatengshang, ChengDuXiang, and
Erlandianzishang; and (iii) set a 100 percent bond for any importations
of infringing products during the period of Presidential review.
On August 1, 2022, the Commission determined to affirm the ID's
determination of a violation of section 337 with respect to Defaulting
Respondents. 87 FR 48039-41 (Aug. 5, 2022). Accordingly, the Commission
issued: (1) a GEO prohibiting the unlicensed entry of certain toner
supply containers and components thereof that infringe one or more of
claim 1 of the '667 patent; claim 1 of the '060 patent; claim 1 of the
'061 patent; claim 1 of the '957 patent; claims 1 and 12 of the '814
patent; claims 50, 58, and 61 of the '032
[[Page 35917]]
patent; claims 1 and 13 of the '033 patent; claims 46 and 50 of the
'654 patent; claims 1, 10, and 13 of the '881 patent; or claims 1 and 8
of the '882 patent; and (2) CDOs against respondents Ninestar Tech,
Static Control, Copier Repair Specialists, Digital Buyer, Do It Wiser,
Easy Group, Ink Tech, Precision Roller, LD Products, NAR Cartridges,
Supplies Guys, MITOCOLOR, Zinyaw, Ninestar Corporation, Ninestar Image,
Sichuan XingDian, Sichuan Wiztoner, Yatengshang, ChengDuXiang, and
Erlandianzishang. Id.
On April 25, 2023, respondents Katun and General Plastic filed a
petition pursuant to Commission Rule 210.76 (19 CFR 210.76) to modify
the GEO in order to clarify that the order does not cover certain Katun
and General Plastic redesigned toner supply containers (``New Katun
Containers''). Katun and General Plastic also assert that if
Complainants ``seek to extend language of the claims of the Asserted
Patents to cover the New Katun Containers, such an expansion of scope
is impermissible and renders the Asserted Patents invalid.'' Pet. at 2-
3, 29-30.
On May 5, 2023, Complainants filed an opposition to Katun's and
General Plastic's petition for a modification of the GEO. Complainants
argue that Katun and General Plastic have not shown why the redesign
could not have been adjudicated in the original investigation, and thus
there is no basis to conclude the redesign constitutes a changed
condition of fact. Complainants further argue that Katun and General
Plastic do not make a plausible showing that the New Katun Containers
do not infringe the Asserted Patents, and accordingly, no modification
is required. Complainants argue that if a modification proceeding is
instituted, then it should be referred to an ALJ for findings of fact
and an initial determination. OUII did not file a response to the
petition.
The Commission has determined that the petition complies with the
requirements for institution of a modification proceeding under
Commission Rule 210.76(a)(1) (19 CFR 210.76(a)(1)) to determine whether
Katun and General Plastic's redesigned New Katun Containers infringe
one or more of claim 1 of the '667 patent; claim 1 of the '060 patent;
claim 1 of the '061 patent; claim 1 of the '957 patent; claims 1 and 12
of the '814 patent; claims 50, 58, and 61 of the '032 patent; claims 1
and 13 of the '033 patent; claims 46 and 50 of the '654 patent; claims
1, 10, and 13 of the '881 patent; or claims 1 and 8 of the '882 patent.
The modification proceeding shall not include any validity issues
because an invalidity challenge is not a proper basis to modify an
exclusion order. Mayborn Group, Ltd. v. Int'l Trade Comm'n, 965 F.3d
1350 (Fed. Cir. 2020). Further, the consent orders issued against Katun
and General Plastic prohibit them from challenging validity of the
relevant patents. 19 CFR 210.21(c)(4)(vi); Consent Order to Katun and
General Plastic at ] 9 (July 19, 2021). Accordingly, the Commission has
determined to institute a modification proceeding and refer the
petition to the Chief ALJ as detailed in the accompanying Order.
The assigned ALJ will make findings, may request briefing, and will
issue a recommended determination (``RD'') to the Commission within six
months of publication of this notice in the Federal Register. Should
the ALJ determine that more time is necessary, the deadline may be
extended for good cause shown. The Commission will issue a modification
opinion within 90 days of receipt of the ALJ's RD unless the Commission
otherwise orders. The following entities are named as parties to the
proceeding: (1) Canon Inc; (2) Canon U.S.A., Inc.; (3) Canon Virginia,
Inc; (4) Katun; (5) General Plastic; and (6) OUII.
The Commission vote for this determination took place on May 25,
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: May 26, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-11658 Filed 5-31-23; 8:45 am]
BILLING CODE 7020-02-P
