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]
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices
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Kirk Malstrom,
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[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
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SUMMARY:
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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
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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
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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.
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SUMMARY:
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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
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Fmt 4703
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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:
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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]
=======================================================================
-----------------------------------------------------------------------
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