[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Page 75910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31132]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-730]
Certain Inkjet Ink Supplies and Components Thereof; Final
Determination of Violation; Termination of Investigation; Issuance of
General Exclusion Order
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 in the above-captioned
investigation and has issued a general exclusion order. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3106. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 3, 2010, based on a complaint filed by Hewlett-Packard
Company of Palo Alto, California and Hewlett-Packard Development
Company, L.P. of Houston, Texas (collectively, ``HP'') alleging a
violation of section 337 in the importation, sale for importation, and
sale within the United States after importation of certain inkjet ink
supplies and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 6,959,985 and 7,104,630. 75 FR 45663 (Aug.
3, 2010).
Complainant named Mipo International, Ltd. of Atlanta, Georgia
(``Mipo''); Mextec Group Inc. of Miami, Florida (``Mextec''); Shanghai
Angel Printer Supplies Co., Ltd. of Shanghai, China (``Shanghai
Angel''); Shenzhen Print Media Co., Ltd. of Guangdong, China
(``Shenzhen''); Zhuhai National Resources & Jingjie Imaging Products
Co., Ltd. of Guangdong, China (``Zhuhai National''); Tatrix
International of Guangdong, China (``Tatrix''); and Ourway Image Co.
Ltd. of Guangdong, China (``Ourway'') as respondents. Subsequently,
Mipo, Mextec, and Shenzhen were terminated from the investigation based
on either a settlement agreement with HP or because HP withdrew its
allegations against them. The remaining respondents, i.e., Shanghai
Angel, Zhuhai National, Tatrix, and Ourway (collectively, ``Defaulting
Respondents''), failed to answer the Complaint and Notice of
Investigation and default judgments were granted against all the
Defaulting Respondents.
On March 7, 2011, complainant HP filed a paper entitled ``Motion
for Summary Determination That a Domestic Industry Exists and That
There Have Been Violations of Section 337 of the Tariff Act of 1930
(Amended) By the Defaulting Respondents and Complainants' Request for a
General Exclusion Order.'' Complainant sought a determination that a
domestic industry exists and that there has been a violation of Section
337 and requested a recommendation for a general exclusion order
(``GEO''). On August 3, 2011, the ALJ issued an initial determination
(``ID'') (Order No. 14) granting complainant's motion for summary
determination. The ID contained the ALJ's recommended determination on
remedy and bonding including a recommendation for issuance of a GEO
against the Defaulting Respondents. The ALJ also recommended that the
Commission set a bond of 100 percent during the period of Presidential
review.
On September 1, 2011, the Commission determined not to review the
ID and requested briefing on remedy, the public interest, and bonding.
Only HP and the Commission investigative attorney timely filed their
respective submissions, containing proposed GEOs.
The Commission has determined that the appropriate form of relief
is a GEO under 19 U.S.C. 1337(d)(2), prohibiting the unlicensed entry
of inkjet cartridges and components thereof covered by one or more of
claims 1-5, 7, 22-25, 27 and 28 of the `985 patent and claims 1-7, 11-
12, 14, 26-30, 32, 34 and 35 of the `630 patent.
The Commission has further determined that the public interest
factors enumerated in Section 337(d) (19 U.S.C. 1337(d)) do not
preclude issuance of the GEO. The Commission has determined that the
bond for temporary importation during the period of Presidential review
(19 U.S.C. 1337(j)) shall be in the amount of 100 percent of the value
of the imported articles that are subject to the order. The
Commission's order was delivered to the President and the United States
Trade Representative on the day of its issuance.
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 sections 210.42-50 of the Commission's Rules of Practice and
Procedure (19 CFR 210.42-50).
By order of the Commission.
Issued: November 29, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-31132 Filed 12-2-11; 8:45 am]
BILLING CODE 7020-02-P