Certain Nanolaminate Alloy Coated Metal Parts and Products Containing Same; Notice of Institution of Investigation, 7704-7705 [2025-01461]

Download as PDF 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: VerDate Sep<11>2014 18:16 Jan 21, 2025 Jkt 265001 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. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 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]


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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


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