[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39733-39735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16430]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-832]
Certain Ink Application Devices and Components Thereof and
Methods of Using the Same Determination To Review in Part an Initial
Determination Finding All Respondents in Default; Request for
Submissions on Remedy, Public Interest, and Bonding as to Certain
Respondents
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 determined to review in part the presiding
administrative law judge's (``ALJ'') initial determination (``ID'')
(Order No. 7) finding respondents T-Tech Tattoo Device Inc. of Ontario,
Canada (``T-Tech''); Yiwu Beyond Tattoo Equipments Co., Ltd. of Yiwu
[[Page 39734]]
City, China (``Yiwu''); and Guangzhou Pengcheng Cosmetology Firm of
Guangzhou, China (``Guangzhou'') in default.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. 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 March 6, 2012, based on a complaint filed by MT.Derm
GmbH of Berlin, Germany and Nouveau Cosmetique USA Inc. of Orlando,
Florida (collectively ``Complainants'') alleging violations of section
337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain ink
application devices and components thereof and methods of using the
same by reason of infringement of certain claims of U.S. Patent Nos.
6,345,553 and 6,505,530. 77 FR 13351 (Mar. 6, 2012). The Commission's
Notice of Investigation (``NOI'') named T-Tech, Yiwu, and Guangzhou as
respondents. The Complaint was served on March 1, 2012. The Office of
Unfair Import Investigations was named as a party.
On April 16, 2012, Complainants filed a motion seeking a
determination that respondents T-Tech, Yiwu, and Guangzhou be found in
default based on their failure to respond to the Complaint and Notice
of Investigation. On April 17, 2012, the Commission investigative
attorney (``IA'') filed a response in support of the motion. On May 1,
2012, the ALJ issued Order No. 5, ordering the respondents to show
cause by close of business on May 16, 2012, why they should not be
found in default. No responses were received.
On May 31, 2012, the ALJ issued the subject ID, granting the motion
for default pursuant to section 210.16(a)(1) of the Commission's Rules
of Practice and Procedure (19 CFR 210.16(a)(1)). On June 6, 2012, T-
Tech submitted correspondence to the Commission stating that it had not
received any prior communication from the Commission and arguing that
the ID finding it in default should be reviewed. On June 7, 2012, the
IA filed a Request for Extension of Time for Filing a Petition for
Review of Order No. 7. The Chairman granted the motion on June 8, 2012.
On June 13, 2012, the IA filed a petition for review of Order No. 7 as
to the finding of default against T-Tech. In its petition, the IA notes
that the FedEx shipping log indicates that the shipment containing the
Complaint and NOI was incorrectly addressed and that it was redirected
to another address, but was not received. The IA further notes that the
FedEx shipping log indicates that on March 14, 2012, the shipment was
intended to be returned to the Commission as undelivered, but that it
was not returned, nor did FedEx notify the Commission of the delivery
failure. On June 19, 2012, Complainants filed a response to the IA's
petition.
Having examined the record of this investigation, including the
subject ID, T-Tech's correspondence, the petition for review, and the
response thereto, the Commission has determined to review the subject
ID in part, and, on review, to reverse the finding of default against
T-Tech.
The Commission has determined not to review the subject ID findings
that Yiwu and Guangzhou are in default. Pursuant to section 337(g)(1)
(19 U.S.C. 1337(g)(1)) and section 210.16(c) of the Commission's Rules
of Practice and Procedure (19 CFR 210.16(c)), the Commission presumes
the facts alleged in the complaint to be true with respect to Yiwu and
Guangzhou.
In connection with the final disposition of this investigation as
to Yiwu and Guangzhou, the Commission may (1) issue an order that could
result in the exclusion of the subject articles from entry into the
United States, and/or (2) issue one or more cease and desist orders
that could result in the respondent(s) being required to cease and
desist from engaging in unfair acts in the importation and sale of such
articles. Accordingly, the Commission is interested in receiving
written submissions that address the form of remedy, if any, that
should be ordered. If a party seeks exclusion of an article from entry
into the United States for purposes other than entry for consumption,
the party should so indicate and provide information establishing that
activities involving other types of entry either are adversely
affecting it or likely to do so. For background, see Certain Devices
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360,
USITC Pub. No. 2843 (Commission Opinion at 7-10) (December 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) The
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested persons are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants and the IA are also requested to submit
proposed remedial orders for the Commission's consideration.
Complainants are also requested to state the dates that the patents
expire and the HTSUS numbers under which the accused products are
imported. The written submissions and proposed remedial orders must be
filed no later than close of business on July 13, 2012. Reply
submissions must be filed no later than the close of business on July
20, 2012. No further submissions on these issues will be permitted
unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit 8
true paper
[[Page 39735]]
copies to the Office of the Secretary by noon the next day pursuant to
section 210.4(f) of the Commission's Rules of Practice and Procedure
(19 CFR 210.4(f)). Submissions should refer to the investigation number
(``Inv. No. 337-TA-832'') in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should
contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. A
redacted non-confidential version of the document must also be filed
simultaneously with the any confidential filing. All non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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 210.42-46 and 210.50 of the Commission's Rules of Practice
and Procedure (19 CFR 210.42-46 and 210.50).
Issued: June 29, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-16430 Filed 7-3-12; 8:45 am]
BILLING CODE 7020-02-P