Certain Photovoltaic Connectors and Components Thereof; Notice of a Commission Determination Not To Review Initial Determinations Amending the Complaint and Notice of Investigation and Setting a 17-Month Target Date, 56882-56883 [2023-17898]

Download as PDF 56882 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices Application No. Applicant PER3765003 ... Kathleen O’Brien, New York State Department of Environmental Conservation, Albany, NY. Shawn McKinley, Grafton, WV. Jason Clingerman, Morgantown, WV. Marco Carvello, Department of Energy and the Environment, District of Columbia. Candy darter (Etheostoma osburni). Northern long-eared bat District of Columbia ...... (Myotis septentrionalis), tricolored bat (Perimyotis subflavus). ES01311C–1 ... PER3765688 ... PER3770204 ... Species Activity Type of take Karner blue butterfly (Lycaeides melissa samuelis). New York, New Hampshire. Collection, propagation, translocation, release. Capture, collect .............. New. Indiana bat (Myotis sodalis), gray bat (Myotis grisescens), northern long-eared bat (Myotis septentrionalis), Virginia big-eared bat (Corynorhinus (=Plecotus) townsendii virginianus). Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Virginia, Vermont, West Virginia, Wisconsin, Wyoming. Virginia, West Virginia .. Capture, band, telemetry, nonintrusive measurements, release. Capture, collect .............. Renew. Presence/probable absence survey. Capture, band, telemetry, nonintrusive measurements, release. Capture, release ............. New. Capture, collect .............. New. Public Availability of Comments Authority Written comments we receive become part of the administrative record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Moreover, all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). ddrumheller on DSK120RN23PROD with NOTICES1 Next Steps If we decide to issue permits to the applicants listed in this notice, we will publish a notice in the Federal Register. VerDate Sep<11>2014 18:17 Aug 18, 2023 Permit action Location Jkt 259001 Martin Miller, Manager, Division of Endangered Species, Ecological Services, Northeast Region. [FR Doc. 2023–17852 Filed 8–18–23; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1365] Certain Photovoltaic Connectors and Components Thereof; Notice of a Commission Determination Not To Review Initial Determinations Amending the Complaint and Notice of Investigation and Setting a 17-Month Target Date U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review two initial determinations issued by the presiding administrative law judge (‘‘ALJ’’) granting a motion of complainant Shoals Technologies Group, LLC (‘‘Shoals Technologies’’ or ‘‘Complainant’’) to amend the complaint and notice of investigation (‘‘NOI’’) to SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 assert certain claims of U.S. Patent No. 11,689,153 (‘‘the ’153 patent’’) (Order No. 5) and setting a 17-month target date for November 12, 2024 (Order No. 6). Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. 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. FOR FURTHER INFORMATION CONTACT: On June 9, 2023, the Commission instituted this investigation based on a complaint filed by Shoals Technologies. 88 FR 37905– 06 (June 9, 2023). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 based upon the importation into the United States, the sale for importation, or sale within the United States after importation of certain photovoltaic connectors and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 10,553,739 (‘‘the SUPPLEMENTARY INFORMATION: E:\FR\FM\21AUN1.SGM 21AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices ’739 Patent’’) and 10,992,254 (‘‘the ’254 Patent’’). The Commission’s NOI named the following eight respondents: (1) Hikam America, Inc. of Chula Vista, CA; (2) Hikam Electro´nica de Me´xico, S.A. de C.V. of Mexicali, Mexico; (3) Hikam Tecnologia de Sinaloa of Guasave, Mexico; (4) Hewtech Philippines Corp. of Laguna, Philippines; (5) Hewtech Philippines Electronics Corp. of Pampanga, Philippines; (6) Hewtech (Shenzhen) Electronics Co., Ltd. of Shenzhen, China; (7) Voltage, LLC of Chapel Hill, NC; and (8) Ningbo Voltage Smart Production Co. (‘‘Ningbo Voltage’’) of Ningbo, China. Id. The Office of Unfair Import Investigations was also named as a party in this investigation. Id. On June 29, 2023, Complainant filed an unopposed motion for leave to amend the complaint and NOI to add allegations of infringement against respondents Voltage, LLC and Ningbo Voltage (collectively, ‘‘Voltage’’) related to claims 1, 2–3, 6, 8, 11–18, 21, 23, and 24 of U.S. Patent No. 11,689,153 (‘‘the ’153 patent’’). See Order No. 5, at 1. In its motion, Complainant argued that: (1) addition of the ’153 patent will not affect the scope of discovery because ‘‘the ’153 Patent is a continuation of a patent that is already asserted in the Investigation; (2) it seeks to assert the ’153 Patent against the same respondents and accused products; and (3) the ’153 Patent relates to the same technology that is already at issue in the Investigation.’’ Order No. 5, at 2. Complainant further argued that ‘‘[g]ranting the proposed amendment will not prejudice the rights of the parties or the public interest because the proposed amendment will: (1) add substantially similar allegations based on a related patent to those currently asserted; (2) not delay or disrupt the timely progression of the Investigation; and (3) promote judicial economy by allowing the parties to litigate related patents by the same parties against the same accused products in the same investigation.’’ Id. No party opposed the motion. Id. at 1. On July 18, 2023, the ALJ issued the first subject ID (Order No. 5), granting Complainant’s motion to amend the complaint and NOI as requested. The ID finds that Complainant had established good cause for the proposed amendment pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)). As the ID explains, Complainant could not have asserted the ’153 patent at the time it filed its original Complaint because the ’153 patent issued on June 27, 2023, over a month after the original complaint was filed on May 4, 2023. See Order No. 5, at 4. In addition, the ID VerDate Sep<11>2014 18:17 Aug 18, 2023 Jkt 259001 finds that ‘‘there does not appear to be any evidence demonstrating that inclusion of the ’153 patent will substantially expand the scope of discovery because the claimed subject matter is similar to the ’254 patent, which is already asserted in this investigation, and the accused and domestic industry products are the same.’’ Id. The ID concludes that neither Voltage nor the public interest will be prejudiced by the amendment. Id. On July 18, 2023, the ALJ issued the second subject ID (Order No. 6), pursuant to Commission Rule 210.51(a)(1), setting a 17-month target date for completion of the investigation of November 12, 2024 in consideration of ‘‘the parties’ proposals, the parties’ scheduling conflicts, the scope of this investigation, and the [presiding ALJ’s] responsibilities in other investigations.’’ Order No. 6, at 2. The ID further states that the deadline for issuing the final ID is July 12, 2024. Id. No party filed a petition for review of the subject IDs. The Commission has determined not to review the subject IDs (Order Nos. 5 and 6). Pursuant to Commission Rule 210.14, the Notice of Investigation is amended to include claims 1, 2–3, 6, 8, 11–18, 21, 23, and 24 of the ’153 patent. The target date for completion of the investigation is set for November 12, 2024, and the deadline for issuing the final ID is July 12, 2024. The Commission vote for this determination took place on August 15, 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: August 16, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–17898 Filed 8–18–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Agreed Modification of Consent Decree Under The Comprehensive Environmental Response, Compensation, and Liability Act On August 11, 2023, the Department of Justice lodged a proposed Agreed Modification of the Consent Decree with the United States District Court for the Western District of Michigan in the PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 56883 lawsuit entitled United States of America and the State of Michigan v. NCR Corporation, Civil Action No. 1:19–cv–01041. The United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), and the State of Michigan, on behalf Michigan Department of Environment, Great Lakes, and Energy, filed suit in 2019 against NCR Corporation (‘‘NCR’’) under the Comprehensive Environmental Response, Compensation, and Liability Act for the recovery of response costs and the performance of response work at the Allied Paper, Inc./Portage Creek/ Kalamazoo River Superfund Site in Michigan (the ‘‘Site’’). The Agreed Modification concern the provisions of the Original Consent Decree relating to Operable Unit 5, Area 3 (‘‘OU5, Area 3’’) of the Site, constituting a portion of the Kalamazoo River. The Original Consent Decree included a template Agreed Modification to amend the Decree to add the OU5, Area 3 Record of Decision and an updated Statement of Work. In May 2022, EPA issued the ROD for OU5, selecting a remedy with a current estimated cost of $34,000,000. This proposed Agreed Modification of the Consent Decree follows the template from the Original Consent Decree and will govern NCR’s performance of that work. Additionally, the Agreed Modification also makes one minor clarifying correction to the Original Consent Decree regarding how NCR should make installment payments to EPA for future response costs, specifying that the payments should go to the Financial Litigation Unit. The publication of this notice opens a period for public comment on the Agreed Modification of the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America and the State of Michigan v. NCR Corporation, D.J. Ref. No. 90–11–2–07912/11. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56882-56883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17898]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1365]


Certain Photovoltaic Connectors and Components Thereof; Notice of 
a Commission Determination Not To Review Initial Determinations 
Amending the Complaint and Notice of Investigation and Setting a 17-
Month Target Date

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 two initial determinations 
issued by the presiding administrative law judge (``ALJ'') granting a 
motion of complainant Shoals Technologies Group, LLC (``Shoals 
Technologies'' or ``Complainant'') to amend the complaint and notice of 
investigation (``NOI'') to assert certain claims of U.S. Patent No. 
11,689,153 (``the '153 patent'') (Order No. 5) and setting a 17-month 
target date for November 12, 2024 (Order No. 6).

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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 June 9, 2023, the Commission instituted 
this investigation based on a complaint filed by Shoals Technologies. 
88 FR 37905-06 (June 9, 2023). The complaint alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 based 
upon the importation into the United States, the sale for importation, 
or sale within the United States after importation of certain 
photovoltaic connectors and components thereof by reason of 
infringement of certain claims of U.S. Patent Nos. 10,553,739 (``the

[[Page 56883]]

'739 Patent'') and 10,992,254 (``the '254 Patent''). The Commission's 
NOI named the following eight respondents: (1) Hikam America, Inc. of 
Chula Vista, CA; (2) Hikam Electr[oacute]nica de M[eacute]xico, S.A. de 
C.V. of Mexicali, Mexico; (3) Hikam Tecnologia de Sinaloa of Guasave, 
Mexico; (4) Hewtech Philippines Corp. of Laguna, Philippines; (5) 
Hewtech Philippines Electronics Corp. of Pampanga, Philippines; (6) 
Hewtech (Shenzhen) Electronics Co., Ltd. of Shenzhen, China; (7) 
Voltage, LLC of Chapel Hill, NC; and (8) Ningbo Voltage Smart 
Production Co. (``Ningbo Voltage'') of Ningbo, China. Id. The Office of 
Unfair Import Investigations was also named as a party in this 
investigation. Id.
    On June 29, 2023, Complainant filed an unopposed motion for leave 
to amend the complaint and NOI to add allegations of infringement 
against respondents Voltage, LLC and Ningbo Voltage (collectively, 
``Voltage'') related to claims 1, 2-3, 6, 8, 11-18, 21, 23, and 24 of 
U.S. Patent No. 11,689,153 (``the '153 patent''). See Order No. 5, at 
1. In its motion, Complainant argued that: (1) addition of the '153 
patent will not affect the scope of discovery because ``the '153 Patent 
is a continuation of a patent that is already asserted in the 
Investigation; (2) it seeks to assert the '153 Patent against the same 
respondents and accused products; and (3) the '153 Patent relates to 
the same technology that is already at issue in the Investigation.'' 
Order No. 5, at 2. Complainant further argued that ``[g]ranting the 
proposed amendment will not prejudice the rights of the parties or the 
public interest because the proposed amendment will: (1) add 
substantially similar allegations based on a related patent to those 
currently asserted; (2) not delay or disrupt the timely progression of 
the Investigation; and (3) promote judicial economy by allowing the 
parties to litigate related patents by the same parties against the 
same accused products in the same investigation.'' Id. No party opposed 
the motion. Id. at 1.
    On July 18, 2023, the ALJ issued the first subject ID (Order No. 
5), granting Complainant's motion to amend the complaint and NOI as 
requested. The ID finds that Complainant had established good cause for 
the proposed amendment pursuant to Commission Rule 210.14(b)(1) (19 CFR 
210.14(b)(1)). As the ID explains, Complainant could not have asserted 
the '153 patent at the time it filed its original Complaint because the 
'153 patent issued on June 27, 2023, over a month after the original 
complaint was filed on May 4, 2023. See Order No. 5, at 4. In addition, 
the ID finds that ``there does not appear to be any evidence 
demonstrating that inclusion of the '153 patent will substantially 
expand the scope of discovery because the claimed subject matter is 
similar to the '254 patent, which is already asserted in this 
investigation, and the accused and domestic industry products are the 
same.'' Id. The ID concludes that neither Voltage nor the public 
interest will be prejudiced by the amendment. Id.
    On July 18, 2023, the ALJ issued the second subject ID (Order No. 
6), pursuant to Commission Rule 210.51(a)(1), setting a 17-month target 
date for completion of the investigation of November 12, 2024 in 
consideration of ``the parties' proposals, the parties' scheduling 
conflicts, the scope of this investigation, and the [presiding ALJ's] 
responsibilities in other investigations.'' Order No. 6, at 2. The ID 
further states that the deadline for issuing the final ID is July 12, 
2024. Id.
    No party filed a petition for review of the subject IDs.
    The Commission has determined not to review the subject IDs (Order 
Nos. 5 and 6). Pursuant to Commission Rule 210.14, the Notice of 
Investigation is amended to include claims 1, 2-3, 6, 8, 11-18, 21, 23, 
and 24 of the '153 patent. The target date for completion of the 
investigation is set for November 12, 2024, and the deadline for 
issuing the final ID is July 12, 2024.
    The Commission vote for this determination took place on August 15, 
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: August 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-17898 Filed 8-18-23; 8:45 am]
BILLING CODE 7020-02-P
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