Certain Nanolaminate Alloy Coated Metal Parts and Products Containing Same; Notice of Institution of Investigation, 7704-7705 [2025-01461]
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7704
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
is published pursuant to § 207.12 of the
Commission’s rules.
By order of the Commission.
Issued: January 15, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025–01434 Filed 1–21–25; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1431]
Certain Nanolaminate Alloy Coated
Metal Parts and Products Containing
Same; Notice of Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
November 19, 2024, under section 337
of the Tariff Act of 1930, as amended,
on behalf of Modumetal, Inc. of
Snohomish, Washington. A letter
supplementing the complaint was filed
on December 4, 2024. The complaint, as
supplemented, alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain nanolaminate alloy coated metal
parts, components thereof, and products
containing the same by reason of the
infringement of certain claims of U.S.
Patent No. 10,253,419 (‘‘the ’419
patent’’) and U.S. Patent No. 11,242,613
(‘‘the ’613 patent’’). The complaint
further alleges that an industry in the
United States exists as required by the
applicable Federal Statute. The
complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained 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
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Susan Orndoff, The Office of Docket
Services, U.S. International Trade
Commission, telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
Authority:The authority for institution
of this investigation is contained in
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in section
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2024).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
January 15, 2025, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims
1–3, 5, and 7 of the ’419 patent and
claims 1–3 and 5 of the ’613 patent, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘metal parts coated
with Parker Hannifin’s ToughShield®
Plus coating as well as bundles
containing one or more parts with
ToughShield® Plus coating’’; 1 2 3
1 The Commission is not making a decision on the
merits at this stage. Rather, the Commission has
only assessed whether the complainant has satisfied
the pleading requirements for purposes of
institution. To that end, the scope of this
investigation includes only those articles as to
which the complaint states factual allegations of an
alleged violation of section 337 as required by the
statute and Commission regulations. The complaint
as supplemented fails to contain any factual
allegation that metal parts are being imported into
the United States for domestic ToughShield Plus
finishing in violation of section 337. For this
reason, the Commission has determined to modify
the plain language description of the accused
products proposed by the complainant by deleting
the phrase ‘‘components that are metal parts
imported into the United States for domestic
ToughShield® Plus finishing.’’ The complainant
may move to amend the complaint and NOI to add
components, including metal parts imported for
finishing, to the scope of the investigation if
complainant makes factual allegations in support
thereof for example based on information received
in discovery. Further, there is no requirement that
‘‘components thereof’’ must appear in the case
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is:
Modumetal, Inc., 20124 Broadway Ave.,
Building A, Snohomish, WA 98296
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Parker Hannifin Corporation, 6035
Parkland Boulevard, Cleveland, OH
44124
Lu Chu Shin Yee Works Co., Ltd., 46,
Shin Ming Road, Luchu District,
Kaohsiung City, Taiwan 82146
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge. The Office of
Unfair Import Investigations will not
participate as a party in this
investigation.
caption in order for the Commission to take action
against any attempts to circumvent a Commission
remedial order. See also Certain Crafting Machines
and Components Thereof, Inv. No. 337–TA–1426,
Notice of Investigation, 89 FR 99905 (Dec. 11,
2024).
2 While Commissioner Schmidtlein agrees to
institute this investigation and agrees with the
modification of the plain language description of
accused articles, she disagrees with her fellow
Commissioners’ decision to change the caption by
deleting the phrase ‘‘components thereof.’’ The
Commission has routinely included ‘‘components
thereof’’ language in the caption when proposed by
complainants, and she sees no reason to treat it
differently here. In Commissioner Schmidtlein’s
view, the absence of such language raises the
question of whether a later enforcement action
could be brought to remedy circumvention of an
order through the importation of components given
that the Commission’s practice has been to define
the scope of remedial orders consistent with the
notice of investigation. See Certain Automated
Mech. Transmission Sys. for Medium-Duty and
Heavy-Duty Trucks and Components Thereof, Inv.
No. 337–TA–503, Comm’n Op., 2007 WL 4473082,
*10 (Aug. 1, 2007) (‘‘[T]he scope of the remedy is
dependent upon the scope of the investigation,
which is determined by the notice of
investigation.’’).
3 Commissioner Kearns agrees with the majority
that Complainant has failed to provide any factual
allegations that the only components identified in
the Complaint, ‘‘metal parts imported into the
United States for ToughShield plus finishing,’’
violate section 337 either based on direct or indirect
infringement. He also agrees that the Commission
may take action against attempts to circumvent a
remedial order even if ‘‘components thereof’’ does
not appear in the case caption. He notes, moreover,
that if sufficient allegations were presented in the
Complaint, the Commission does have the authority
under appropriate circumstances to investigate a
section 337 violation involving imported
components that are used to directly infringe the
patent only after importation. See Certain HighDensity Fiber Optic Equipment and Components
Thereof, Inv. No. 337–TA–1194, Comm’n Op. at 98–
104 (Additional Views of Chair Kearns Regarding
‘‘Articles that Infringe’’).
E:\FR\FM\22JAN1.SGM
22JAN1
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant of the
complaint, as supplemented, and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint, as
supplemented, and this notice, and to
authorize the administrative law judge
and the Commission, without further
notice to the respondent, to find the
facts to be as alleged in the complaint,
as supplemented, and this notice and to
enter an initial determination and a
final determination containing such
findings, and may result in the issuance
of an exclusion order or a cease and
desist order or both directed against the
respondent.
By order of the Commission.
Issued: January 16, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025–01461 Filed 1–21–25; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[OMB Number 1103–0098]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; COPS
Community Policing Advancement
Performance Report
Office of Community Oriented
Policing Services, Department of Justice.
ACTION: 30-Day notice.
AGENCY:
The office of Community
Oriented Policing Services, Department
of Justice (DOJ), will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 30 days until
February 21, 2025.
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SUMMARY:
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18:16 Jan 21, 2025
Jkt 265001
If
you have comments especially on the
estimated public burden or associated
response time, suggestions, or need a
copy of the proposed information
collection instrument with instructions
or additional information, please
contact: Dave Neely, Department of
Justice, Office of Community Policing
Services, 145 N St. NE, Washington, DC
20530, (202) 514–8553.
SUPPLEMENTARY INFORMATION: The
proposed information collection was
previously published in the Federal
Register on November 12, 2024, 89 FR
89044, allowing a 60-day comment
period. Written comments and
suggestions from the public and affected
agencies concerning the proposed
collection of information are
encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and/or
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Written comments and
recommendations for this information
collection should be submitted within
30 days of the publication of this notice
on the following website
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 and entering either the title of
the information collection or the OMB
Control Number 1123–0NEW. This
information collection request may be
viewed at www.reginfo.gov. Follow the
instructions to view Department of
Justice, information collections
currently under review by OMB.
DOJ seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
7705
without renewal. The DOJ notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Overview of This Information
Collection
1. Type of Information Collection:
New request.
2. Title of the Form/Collection: COPS
Community Policing Advancement
Performance Report.
3. Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: 1103–0NEW, Department of
Justice, Office of Community Oriented
Policing Services.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: Affected Public: Law
Enforcement Agencies. Abstract: The
COPS Community Policing
Advancement Performance Report is a
tool used by law enforcement agencies
who receive COPS grant funding.
5. Obligation to Respond: Voluntary.
6. Total Estimated Number of
Respondents: 5,000.
7. Estimated Time per Respondent: 11
hours to review the instructions and
complete the application.
8. Frequency: Annually.
9. Total Estimated Annual Time
Burden: 55,000 total annual burden
hours associated with this collection.
10. Total Estimated Annual Other
Costs Burden: $0.
11. If additional information is
required, contact: Darwin Arceo,
Department Clearance Officer, Policy
and Planning Staff, Justice Management
Division, United States Department of
Justice, Two Constitution Square, 145 N
Street NE, 4W–218, Washington, DC
20530.
Dated: January 15, 2024.
Darwin Arceo,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2025–01393 Filed 1–21–25; 8:45 am]
BILLING CODE 4410–AT–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On January 15, 2025, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Eastern District of
Michigan in United States v. Hino
Motors, Ltd., Hino Motors
Manufacturing U.S.A., Inc., and Hino
Motor Sales U.S.A., Inc., (‘‘Defendants’’)
Civil Action No. 2:25–cv–10144.
E:\FR\FM\22JAN1.SGM
22JAN1
Agencies
[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7704-7705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01461]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1431]
Certain Nanolaminate Alloy Coated Metal Parts and Products
Containing Same; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 19, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Modumetal, Inc.
of Snohomish, Washington. A letter supplementing the complaint was
filed on December 4, 2024. The complaint, as supplemented, alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain nanolaminate alloy coated metal parts,
components thereof, and products containing the same by reason of the
infringement of certain claims of U.S. Patent No. 10,253,419 (``the
'419 patent'') and U.S. Patent No. 11,242,613 (``the '613 patent'').
The complaint further alleges that an industry in the United States
exists as required by the applicable Federal Statute. The complainant
requests that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained 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 at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority:The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 15, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-3, 5, and 7 of the '419 patent and claims 1-3 and 5 of the
'613 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``metal parts coated
with Parker Hannifin's ToughShield[supreg] Plus coating as well as
bundles containing one or more parts with ToughShield[supreg] Plus
coating''; 1 2 3
---------------------------------------------------------------------------
\1\ The Commission is not making a decision on the merits at
this stage. Rather, the Commission has only assessed whether the
complainant has satisfied the pleading requirements for purposes of
institution. To that end, the scope of this investigation includes
only those articles as to which the complaint states factual
allegations of an alleged violation of section 337 as required by
the statute and Commission regulations. The complaint as
supplemented fails to contain any factual allegation that metal
parts are being imported into the United States for domestic
ToughShield Plus finishing in violation of section 337. For this
reason, the Commission has determined to modify the plain language
description of the accused products proposed by the complainant by
deleting the phrase ``components that are metal parts imported into
the United States for domestic ToughShield[supreg] Plus finishing.''
The complainant may move to amend the complaint and NOI to add
components, including metal parts imported for finishing, to the
scope of the investigation if complainant makes factual allegations
in support thereof for example based on information received in
discovery. Further, there is no requirement that ``components
thereof'' must appear in the case caption in order for the
Commission to take action against any attempts to circumvent a
Commission remedial order. See also Certain Crafting Machines and
Components Thereof, Inv. No. 337-TA-1426, Notice of Investigation,
89 FR 99905 (Dec. 11, 2024).
\2\ While Commissioner Schmidtlein agrees to institute this
investigation and agrees with the modification of the plain language
description of accused articles, she disagrees with her fellow
Commissioners' decision to change the caption by deleting the phrase
``components thereof.'' The Commission has routinely included
``components thereof'' language in the caption when proposed by
complainants, and she sees no reason to treat it differently here.
In Commissioner Schmidtlein's view, the absence of such language
raises the question of whether a later enforcement action could be
brought to remedy circumvention of an order through the importation
of components given that the Commission's practice has been to
define the scope of remedial orders consistent with the notice of
investigation. See Certain Automated Mech. Transmission Sys. for
Medium-Duty and Heavy-Duty Trucks and Components Thereof, Inv. No.
337-TA-503, Comm'n Op., 2007 WL 4473082, *10 (Aug. 1, 2007) (``[T]he
scope of the remedy is dependent upon the scope of the
investigation, which is determined by the notice of
investigation.'').
\3\ Commissioner Kearns agrees with the majority that
Complainant has failed to provide any factual allegations that the
only components identified in the Complaint, ``metal parts imported
into the United States for ToughShield plus finishing,'' violate
section 337 either based on direct or indirect infringement. He also
agrees that the Commission may take action against attempts to
circumvent a remedial order even if ``components thereof'' does not
appear in the case caption. He notes, moreover, that if sufficient
allegations were presented in the Complaint, the Commission does
have the authority under appropriate circumstances to investigate a
section 337 violation involving imported components that are used to
directly infringe the patent only after importation. See Certain
High-Density Fiber Optic Equipment and Components Thereof, Inv. No.
337-TA-1194, Comm'n Op. at 98-104 (Additional Views of Chair Kearns
Regarding ``Articles that Infringe'').
---------------------------------------------------------------------------
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Modumetal, Inc., 20124 Broadway Ave., Building A, Snohomish, WA 98296
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Parker Hannifin Corporation, 6035 Parkland Boulevard, Cleveland, OH
44124
Lu Chu Shin Yee Works Co., Ltd., 46, Shin Ming Road, Luchu District,
Kaohsiung City, Taiwan 82146
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge. The Office of Unfair Import
Investigations will not participate as a party in this investigation.
[[Page 7705]]
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint, as supplemented, and the notice of
investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint, as supplemented, and this notice, and to authorize
the administrative law judge and the Commission, without further notice
to the respondent, to find the facts to be as alleged in the complaint,
as supplemented, and this notice and to enter an initial determination
and a final determination containing such findings, and may result in
the issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: January 16, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-01461 Filed 1-21-25; 8:45 am]
BILLING CODE 7020-02-P