Certain Toner Supply Containers and Components Thereof (I); Notice of Commission Determination Not To Review an Initial Determination Terminating the Modification Proceeding Based on Withdrawal of the Petition; Termination of Modification Proceeding, 55475-55476 [2023-17475]
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1259
(Modification Proceeding)]
Certain Toner Supply Containers and
Components Thereof (I); Notice of
Commission Determination Not To
Review an Initial Determination
Terminating the Modification
Proceeding Based on Withdrawal of
the Petition; Termination of
Modification Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined not to review an initial
determination (‘‘ID’’) (Order No. 23) of
the presiding administrative law judge
(‘‘ALJ’’) granting the unopposed motion
of respondents Katun Corporation
(‘‘Katun’’) and General Plastic Industrial
Co. Ltd. (‘‘General Plastic’’) to terminate
the modification proceeding based on
withdrawal of their petition for
modification. The modification
proceeding is hereby terminated.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, 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
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SUMMARY:
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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 General Plastic of Taichung,
Taiwan and Katun of Minneapolis,
Minnesota. 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 a
respondent. Order No. 5 (May 13, 2021),
unreviewed by 86 FR 29292–93 (June 1,
2021).
Twenty-two of the named
respondents were later found in default
(hereinafter, ‘‘Defaulting Respondents’’).
See Order No. 7 (June 22, 2021),
unreviewed by Notice (July 6, 2021);
Order No. 18 (Sept. 28, 2021),
unreviewed by Notice (Oct. 27, 2021).
Several respondents, including General
Plastic and Katun were later terminated
from the investigation based on consent
order stipulations. Order No. 10 (July 1,
2021), unreviewed by Notice (July 19,
2021). Another respondent was later
terminated based on partial withdrawal
of the complaint. Order No. 13,
unreviewed by Notice (Aug. 25, 2021).
The Commission also terminated the
investigation as to certain claims of the
Asserted Patents. Order No. 11,
unreviewed by Notice (Aug. 25, 2021).
On August 1, 2022, the Commission
affirmed an initial determination issued
by the presiding ALJ, granting summary
determination of a violation of section
337 with respect to Defaulting
Respondents. 87 FR 48039–41 (Aug. 5,
2022). Accordingly, the Commission
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55475
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
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 certain of
Defaulting Respondents. 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. On
May 5, 2023, Complainants filed an
opposition to the petition. OUII did not
file a response to the petition.
On June 1, 2023, the Commission
instituted a modification proceeding,
pursuant to Commission Rule 210.76(a)
(19 CFR 210.76(a)), to determine
whether certain redesigned toner supply
containers of Katun and General Plastic
infringe 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, or the
’882 patent. 88 FR 35915–35917 (June 1,
2023).
On July 3, 2023, Katun and General
Plastic filed a motion to terminate the
modification proceeding based on the
withdrawal of their petition. That same
day, Complainants filed a response
stating that Complainants do not oppose
the motion but reserve their right to
oppose institution of any future
proceeding. On July 5, 2023, OUII filed
a response supporting the motion to
terminate.
On July 11, 2023, the presiding ALJ
issued the subject ID granting Katun’s
and General Plastic’s motion to
terminate the modification proceeding
pursuant to Commission Rule
210.21(a)(1) (19 CFR 210.21(a)(1)). Order
No. 23 (July 11, 2023). The ID finds that
the motion complies with the
Commission’s rules and that there are
no extraordinary circumstances that
might justify denying the motion. No
party petitioned for review of the
subject ID.
The Commission has determined not
to review the subject ID. The
modification proceeding is terminated.
The Commission vote for this
determination took place on August 9,
2023.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
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55476
Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices
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: August 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–17475 Filed 8–14–23; 8:45 am]
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DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Disclosures for Participant
Directed Individual Account Plans
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Employee
Benefits Security Administration
(EBSA)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before September 14,
2023.
SUMMARY:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Nicole Bouchet by telephone at 202–
693–0213, or by email at DOL_PRA_
PUBLIC@dol.gov.
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ADDRESSES:
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This
information collection requires plan
fiduciaries to disclose plan- and
investment-related fee and expense
information to participants and
beneficiaries in all participant directed
individual account plans (e.g., 401(k)type plans) for plan years that began on
or after January 1, 2010 and at least
annually thereafter (defined as at least
once in any 14-month period, without
regard to whether the plan operates on
a calendar or fiscal year basis). For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
February 8, 2023 (88 FR 8317).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–EBSA.
Title of Collection: Disclosures for
Participant Directed Individual Account
Plans.
OMB Control Number: 1210–0090.
Affected Public: Private Sector—
Businesses or other for-profits.
Total Estimated Number of
Respondents: 619,650.
Total Estimated Number of
Responses: 1,039,819,787.
Total Estimated Annual Time Burden:
5,204,349 hours.
Total Estimated Annual Other Costs
Burden: $221,557,106.
SUPPLEMENTARY INFORMATION:
(Authority: 44 U.S.C. 3507(a)(1)(D))
Nicole Bouchet,
Acting Departmental Clearance Officer.
[FR Doc. 2023–17425 Filed 8–14–23; 8:45 am]
BILLING CODE 4510–29–P
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0039]
Intertek Testing Services NA, Inc.:
Application for Expansion of
Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the application of Intertek
Testing Services NA, Inc., for expansion
of the scope of recognition as a
Nationally Recognized Testing
Laboratory (NRTL) and presents the
agency’s preliminary finding to grant
the application.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
August 30, 2023.
ADDRESSES: Comments may be
submitted as follows:
Electronically: You may submit
comments, including attachments,
electronically at: https://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the online
instructions for submitting comments.
OSHA will place comments,
including personal information, in the
public docket, which will be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates.
Instructions: All submissions must
include the agency’s name and the
docket number for this rulemaking
(Docket No. OSHA–2007–0039). All
comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
information they do not want made
available to the public, or submitting
materials that contain personal
information (either about themselves or
others), such as Social Security numbers
and birthdates.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55475-55476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17475]
[[Page 55475]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1259 (Modification Proceeding)]
Certain Toner Supply Containers and Components Thereof (I);
Notice of Commission Determination Not To Review an Initial
Determination Terminating the Modification Proceeding Based on
Withdrawal of the Petition; Termination of 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 not to review an initial
determination (``ID'') (Order No. 23) of the presiding administrative
law judge (``ALJ'') granting the unopposed motion of respondents Katun
Corporation (``Katun'') and General Plastic Industrial Co. Ltd.
(``General Plastic'') to terminate the modification proceeding based on
withdrawal of their petition for modification. The modification
proceeding is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[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: 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 General
Plastic of Taichung, Taiwan and Katun of Minneapolis, Minnesota. 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 a
respondent. Order No. 5 (May 13, 2021), unreviewed by 86 FR 29292-93
(June 1, 2021).
Twenty-two of the named respondents were later found in default
(hereinafter, ``Defaulting Respondents''). See Order No. 7 (June 22,
2021), unreviewed by Notice (July 6, 2021); Order No. 18 (Sept. 28,
2021), unreviewed by Notice (Oct. 27, 2021). Several respondents,
including General Plastic and Katun were later terminated from the
investigation based on consent order stipulations. Order No. 10 (July
1, 2021), unreviewed by Notice (July 19, 2021). Another respondent was
later terminated based on partial withdrawal of the complaint. Order
No. 13, unreviewed by Notice (Aug. 25, 2021).
The Commission also terminated the investigation as to certain
claims of the Asserted Patents. Order No. 11, unreviewed by Notice
(Aug. 25, 2021).
On August 1, 2022, the Commission affirmed an initial determination
issued by the presiding ALJ, granting summary 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 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 certain of
Defaulting Respondents. 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. On May 5, 2023,
Complainants filed an opposition to the petition. OUII did not file a
response to the petition.
On June 1, 2023, the Commission instituted a modification
proceeding, pursuant to Commission Rule 210.76(a) (19 CFR 210.76(a)),
to determine whether certain redesigned toner supply containers of
Katun and General Plastic infringe 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, or the '882 patent. 88
FR 35915-35917 (June 1, 2023).
On July 3, 2023, Katun and General Plastic filed a motion to
terminate the modification proceeding based on the withdrawal of their
petition. That same day, Complainants filed a response stating that
Complainants do not oppose the motion but reserve their right to oppose
institution of any future proceeding. On July 5, 2023, OUII filed a
response supporting the motion to terminate.
On July 11, 2023, the presiding ALJ issued the subject ID granting
Katun's and General Plastic's motion to terminate the modification
proceeding pursuant to Commission Rule 210.21(a)(1) (19 CFR
210.21(a)(1)). Order No. 23 (July 11, 2023). The ID finds that the
motion complies with the Commission's rules and that there are no
extraordinary circumstances that might justify denying the motion. No
party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. The
modification proceeding is terminated.
The Commission vote for this determination took place on August 9,
2023.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as
[[Page 55476]]
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: August 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-17475 Filed 8-14-23; 8:45 am]
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