Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review Three Initial Determinations Terminating the Investigation as to Certain Respondents and in Its Entirety; Termination of the Investigation, 44840-44841 [2023-14840]

Download as PDF 44840 Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices An agency may not conduct, or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Kirk Malstrom, Chief, Regulations and Standards Branch. [FR Doc. 2023–14812 Filed 7–12–23; 8:45 am] BILLING CODE 4310–VH–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1347] Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review Three Initial Determinations Terminating the Investigation as to Certain Respondents and in Its Entirety; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review three initial determinations (‘‘IDs’’) of the presiding administrative law judge (‘‘ALJ’’) that terminate the above-captioned investigation as to: (1) respondent OnePlus Technology (Shenzhen) Co., Ltd. based on settlement (Order No. 24); (2) respondents Xiaomi Corporation, Xiaomi H.K. Ltd., Xiaomi Communications Co., Ltd., and Xiaomi Inc. based on settlement (Order No. 25); and (3) the remaining respondents based on withdrawal of the complaint (Order No. 26). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3179. 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:24 Jul 12, 2023 Jkt 259001 Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on December 30, 2022, based on a complaint filed by Advanced Ground Information Systems, Inc. of Jupiter, Florida and AGIS Software Development LLC of Marshall, Texas (collectively, ‘‘AGIS’’). 87 FR 80568–69 (Dec. 30, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain location-sharing systems, related software, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent Nos. 8,213,970 (‘‘the ’970 patent’’); 9,445,251 (‘‘the ’251 patent’’); 9,467,838 (‘‘the ’838 patent’’); 9,749,829 (‘‘the ’829 patent’’); and 9,820,123 (‘‘the ’123 patent’’). Id. at 80568. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named 26 respondents: (1) Kyocera Corporation (‘‘Kyocera’’) of Kyoto, Japan; (2) OnePlus Technology (Shenzhen) Co., Ltd. (‘‘OnePlus’’) of Shenzhen, Guangdong, China; (3) Xiaomi Corporation of Grand Cayman, Cayman Islands; Xiaomi H.K. Ltd. of Kowloon City, Hong Kong; Xiaomi Communications Co., Ltd. of Beijing, China; and Xiaomi Inc. of Beijing, China (collectively, ‘‘Xiaomi’’); and (4) Google LLC of Mountain View, California; Samsung Electronics, Co., Ltd. of Suwon, Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; TCL Technology Group Corporation of Huizhou, Guangdong, China; TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong; TCL Communication Technology Holdings Limited of Hong Kong Science Park, Hong Kong; TCT Mobile (US) Inc. of Irvine, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, Illinois; HMD Global of Espoo, Finland; HMD Global OY of Espoo, Finland; HMD America, Inc. of Miami, Florida; Sony Corporation of Tokyo, Japan; Sony Mobile Communications, Inc. of Tokyo, Japan; ASUSTek Computer Inc. of Taipei, Taiwan; ASUS Computer International of Fremont, California; BLU Products of Doral, Florida; Panasonic Corporation of Osaka, Japan; Panasonic Corporation of North America of Secaucus, New Jersey PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 (collectively, the ‘‘Remaining Respondents’’). Id. at 80569. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. On February 17, 2023, the Commission amended the complaint and notice of investigation to substitute Panasonic Holdings Corporation of Osaka, Japan, in place of named respondent Panasonic Corporation. Order No. 7 (Feb. 1, 2023), unreviewed by 88 FR 11477 (Feb. 23, 2023). On June 6, 2023, the Commission terminated the investigation as to the following asserted claims based on withdrawal: (i) claim 2 of the ’970 patent; (ii) claims 1–2, 7–8, 23, 25, 29– 30, and 35 of the ’251 patent; (iii) claims 3, 5–8, 10, 16, 19, 38, 40, 55–56, 61–64, 68, 71–72, 80 and 84 of the ’838 patent; (iv) claims 1, 8, 34, and 41 of the ’829 patent; and (v) claim 14 of the ’123 patent. Order No. 16 (May 17, 2023), unreviewed by Comm’n Notice (June 6, 2023). On June 27, 2023, the Commission terminated the investigation as to Kyocera based on settlement. Order No. 19, unreviewed by Comm’n Notice (June 27, 2023). On June 14, 2023, AGIS and OnePlus filed a joint motion to terminate the investigation as to OnePlus based on a settlement agreement. On June 16, 2023, OUII filed a response supporting the motion. No other responses to the motion were filed. On June 15, 2023, AGIS and Xiaomi filed a joint motion to terminate the investigation as to Xiaomi based on a settlement agreement. On June 16, 2023, OUII filed a response supporting the motion. No other responses to the motion were filed. On June 15, 2023, AGIS filed a motion to terminate the investigation as to the Remaining Respondents based on withdrawal of the complaint. On June 16, 2023, OUII filed a response supporting the motion. On June 20, 2023, the Remaining Respondents filed a response stating that they do not oppose the motion. No other responses to the motion were filed. On June 20, 2023, the ALJ issued all three subject IDs (Order Nos. 24, 25, and 26). Order Nos. 24 and 25 grant the unopposed joint motions to terminate the investigation as to OnePlus and Xiaomi, respectively, finding that the motions comply with the requirements of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), and that the proposed settlements do not adversely affect the public interest in accordance with Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)). Order No. 24 at 2–3; Order No. 25 at 2–3. Order No. 26 grants the unopposed motion to terminate the E:\FR\FM\13JYN1.SGM 13JYN1 Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices investigation as to the Remaining Respondents and thus in its entirety, finding that the motion complies with the requirements of Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)), and that ‘‘no extraordinary circumstances exist that would prevent the requested termination of this Investigation.’’ Order No. 26 at 2–3. No petitions for review of the subject IDs were filed. The Commission has determined not to review the subject IDs. The investigation is terminated as to OnePlus, Xiaomi, and the Remaining Respondents and, thus, in its entirety. The Commission vote for this determination took place on July 7, 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: July 10, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–14840 Filed 7–12–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–893 (Fourth Review)] Honey From China; Scheduling of an Expedited Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on honey from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: June 5, 2023. FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202–205–3177), 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. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:24 Jul 12, 2023 Jkt 259001 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 June 5, 2023, the Commission determined that the domestic interested party group response to its notice of institution (88 FR 12992, March 1, 2023) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review.1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).2 For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and 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 review has been placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for this review on August 23, 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 review and that have provided individually adequate responses to the notice of institution,3 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before August 31, 2023 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. 2 Chairman David S. Johanson voted to conduct a full review. 3 The Commission has found the responses submitted on behalf of the American Honey Producers Association and the Sioux Honey Association to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). PO 00000 1A Frm 00067 Fmt 4703 Sfmt 4703 44841 brief written statement (which shall not contain any new factual information) pertinent to the review by August 31, 2023. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. 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 review must be served on all other parties to the review (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 this review is 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: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: July 10, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–14874 Filed 7–12–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–576–577 and 731–TA–1362–1367 (Review)] Cold-Drawn Mechanical Tubing From China, Germany, India, Italy, South Korea, and Switzerland; Scheduling of Full Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (‘‘the SUMMARY: E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Notices]
[Pages 44840-44841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14840]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1347]


Certain Location-Sharing Systems, Related Software, Components 
Thereof, and Products Containing Same; Notice of Commission 
Determination Not To Review Three Initial Determinations Terminating 
the Investigation as to Certain Respondents and in Its Entirety; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review three initial determinations 
(``IDs'') of the presiding administrative law judge (``ALJ'') that 
terminate the above-captioned investigation as to: (1) respondent 
OnePlus Technology (Shenzhen) Co., Ltd. based on settlement (Order No. 
24); (2) respondents Xiaomi Corporation, Xiaomi H.K. Ltd., Xiaomi 
Communications Co., Ltd., and Xiaomi Inc. based on settlement (Order 
No. 25); and (3) the remaining respondents based on withdrawal of the 
complaint (Order No. 26). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 30, 2022, based on a complaint filed by Advanced Ground 
Information Systems, Inc. of Jupiter, Florida and AGIS Software 
Development LLC of Marshall, Texas (collectively, ``AGIS''). 87 FR 
80568-69 (Dec. 30, 2022). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, based on the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain location-sharing systems, related software, 
components thereof, and products containing same by reason of the 
infringement of certain claims of U.S. Patent Nos. 8,213,970 (``the 
'970 patent''); 9,445,251 (``the '251 patent''); 9,467,838 (``the '838 
patent''); 9,749,829 (``the '829 patent''); and 9,820,123 (``the '123 
patent''). Id. at 80568. The complaint further alleges that a domestic 
industry exists. Id.
    The notice of investigation named 26 respondents: (1) Kyocera 
Corporation (``Kyocera'') of Kyoto, Japan; (2) OnePlus Technology 
(Shenzhen) Co., Ltd. (``OnePlus'') of Shenzhen, Guangdong, China; (3) 
Xiaomi Corporation of Grand Cayman, Cayman Islands; Xiaomi H.K. Ltd. of 
Kowloon City, Hong Kong; Xiaomi Communications Co., Ltd. of Beijing, 
China; and Xiaomi Inc. of Beijing, China (collectively, ``Xiaomi''); 
and (4) Google LLC of Mountain View, California; Samsung Electronics, 
Co., Ltd. of Suwon, Republic of Korea; Samsung Electronics America, 
Inc. of Ridgefield Park, New Jersey; TCL Technology Group Corporation 
of Huizhou, Guangdong, China; TCL Electronics Holdings Limited of Hong 
Kong Science Park, Hong Kong; TCL Communication Technology Holdings 
Limited of Hong Kong Science Park, Hong Kong; TCT Mobile (US) Inc. of 
Irvine, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United 
States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of 
Chicago, Illinois; HMD Global of Espoo, Finland; HMD Global OY of 
Espoo, Finland; HMD America, Inc. of Miami, Florida; Sony Corporation 
of Tokyo, Japan; Sony Mobile Communications, Inc. of Tokyo, Japan; 
ASUSTek Computer Inc. of Taipei, Taiwan; ASUS Computer International of 
Fremont, California; BLU Products of Doral, Florida; Panasonic 
Corporation of Osaka, Japan; Panasonic Corporation of North America of 
Secaucus, New Jersey (collectively, the ``Remaining Respondents''). Id. 
at 80569. The Office of Unfair Import Investigations (``OUII'') is also 
named as a party. Id.
    On February 17, 2023, the Commission amended the complaint and 
notice of investigation to substitute Panasonic Holdings Corporation of 
Osaka, Japan, in place of named respondent Panasonic Corporation. Order 
No. 7 (Feb. 1, 2023), unreviewed by 88 FR 11477 (Feb. 23, 2023).
    On June 6, 2023, the Commission terminated the investigation as to 
the following asserted claims based on withdrawal: (i) claim 2 of the 
'970 patent; (ii) claims 1-2, 7-8, 23, 25, 29-30, and 35 of the '251 
patent; (iii) claims 3, 5-8, 10, 16, 19, 38, 40, 55-56, 61-64, 68, 71-
72, 80 and 84 of the '838 patent; (iv) claims 1, 8, 34, and 41 of the 
'829 patent; and (v) claim 14 of the '123 patent. Order No. 16 (May 17, 
2023), unreviewed by Comm'n Notice (June 6, 2023).
    On June 27, 2023, the Commission terminated the investigation as to 
Kyocera based on settlement. Order No. 19, unreviewed by Comm'n Notice 
(June 27, 2023).
    On June 14, 2023, AGIS and OnePlus filed a joint motion to 
terminate the investigation as to OnePlus based on a settlement 
agreement. On June 16, 2023, OUII filed a response supporting the 
motion. No other responses to the motion were filed.
    On June 15, 2023, AGIS and Xiaomi filed a joint motion to terminate 
the investigation as to Xiaomi based on a settlement agreement. On June 
16, 2023, OUII filed a response supporting the motion. No other 
responses to the motion were filed.
    On June 15, 2023, AGIS filed a motion to terminate the 
investigation as to the Remaining Respondents based on withdrawal of 
the complaint. On June 16, 2023, OUII filed a response supporting the 
motion. On June 20, 2023, the Remaining Respondents filed a response 
stating that they do not oppose the motion. No other responses to the 
motion were filed.
    On June 20, 2023, the ALJ issued all three subject IDs (Order Nos. 
24, 25, and 26). Order Nos. 24 and 25 grant the unopposed joint motions 
to terminate the investigation as to OnePlus and Xiaomi, respectively, 
finding that the motions comply with the requirements of Commission 
Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), and that the proposed 
settlements do not adversely affect the public interest in accordance 
with Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)). Order No. 24 
at 2-3; Order No. 25 at 2-3. Order No. 26 grants the unopposed motion 
to terminate the

[[Page 44841]]

investigation as to the Remaining Respondents and thus in its entirety, 
finding that the motion complies with the requirements of Commission 
Rule 210.21(a)(1) (19 CFR 210.21(a)(1)), and that ``no extraordinary 
circumstances exist that would prevent the requested termination of 
this Investigation.'' Order No. 26 at 2-3. No petitions for review of 
the subject IDs were filed.
    The Commission has determined not to review the subject IDs. The 
investigation is terminated as to OnePlus, Xiaomi, and the Remaining 
Respondents and, thus, in its entirety.
    The Commission vote for this determination took place on July 7, 
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: July 10, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-14840 Filed 7-12-23; 8:45 am]
BILLING CODE 7020-02-P


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