[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Pages 23955-23956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09476]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-829]
Certain Toner Cartridges and Components Thereof; Commission
Determination Not To Review an Initial Determination Granting
Complainant's Motion for Summary Determination of Violation by the
Defaulting 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 not to review an ID (Order No. 25) of the
administrative law judge (``ALJ'') granting summary determination of
violation by the defaulting respondents.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3065. 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 (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: This investigation was instituted on
February 27, 2012, based upon a complaint filed on behalf of Canon,
Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Lake Success, New York; and
Canon Virginia, Inc. of Newport News, Virginia (collectively,
``Canon'') on January 23, 2012. 77 FR 11586 (Feb. 27, 2012). The
complaint alleged violations of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the sale for importation, importation, or sale in
the United States after importation of certain toner cartridges and
components thereof that infringe one or more of claims 128-130, 132,
133 and 139-143 of U.S. Patent Nos. 5,903,803 (``the '803 patent'') and
claims 24-30 of U.S. Patent No. 6,128,454 (``the '454 patent''). The
notice of investigation named numerous respondents.
The following respondents have previously been terminated from the
investigation on the basis of a consent order or withdrawal of the
complaint: Clover Holdings, Inc.; Clover Technologies Group LLC; Clover
Vietnam Co., Ltd.; Dataproducts USA, LLC; Dataproducts Imaging
Solutions S.A. de C.V.; CAU Acquisition Co., LLC d/b/a Cartridges Are
Us; Nukote Internacional de Mexico, S.A. de C.V.; Atman, Inc. d/b/a
pcRUSH.com; Dexxxon Digital Storage, Inc.; Discount Office Items, Inc.
and Deal Express LLC d/b/a Discount Office Items; Green Project, Inc.;
GreenLine Paper Co., Inc.; Myriad Greeyn LLC; Office World Inc. and
OfficeWorld.com, Inc.; OnlineTechStores.com, Inc. d/b/a
SuppliesOutlet.com; and Virtual Imaging Products, Inc.
The following respondents have previously been found in default:
Shanghai Orink Infotech International Co., Ltd.; Orink Infotech
International Co., Ltd.; Zuhai Rich Imaging Technology Co., Ltd.;
Standard Image Co., Ltd. a/k/a Shanghai Orink Co., Ltd.; Zuhai National
Resources & Jingjie Imaging Products Co., Ltd. d/b/a Huebon Co., Ltd.
d/b/a Ink-Tank; Standard Image USA, Inc. d/b/a Imaging Standard Inc.;
Printronic Corporation d/b/a Printronic.com d/b/a InkSmile.com; Nukote,
Inc.; Acecome, Inc.--San Antonio d/b/a InkSell.com; Do It Wiser LLC d/
b/a Image Toner; E-Max Group, Inc. d/b/a Databazaar.com; IJSS Inc. d/b/
a TonerZone.com d/b/a InkJetSuperstore.com; Imaging Resources LLC; Ink
Technologies Printer Supplies, LLC; SupplyBuy.com, Inc.; and Zinyaw LLC
d/b/a TonerPirate.com. See Order No. 14, nonreviewed by Commission
Notice (October 2, 2012). Accordingly, the only parties remaining
active in this investigation are Canon and the Commission investigative
attorney.
On September 21, 2012, Canon filed a motion for summary
determination that it satisfies the economic prong of the domestic
industry requirement. On February 26, 2013, the ALJ issued an ID (Order
No. 24), granting the motion. On March 25, 2013, the Commission
determined not to review the ID.
On November 16, 2012, Canon filed a motion for summary
determination of violation with respect to the defaulting respondents.
On February 28, 2013, the presiding ALJ issued the subject ID (Order
No. 25) granting the motion. He also recommended issuance of a general
exclusion order, issuance of cease and desist orders to the eleven
domestic defaulting respondents, and the imposition of a bond of 100
percent of entered value during the period of Presidential review. No
petitions for review were filed.
Having considered the subject ID and the relevant portions of the
record, the Commission has determined not to review the ID based on the
substantial, reliable, and probative evidence establishing a violation
by the defaulting respondents.
In connection with the final disposition of this investigation, 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 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 (December 1994)
(Commission Opinion).
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
[[Page 23956]]
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: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainants are also requested to state the HTSUS
numbers under which the accused products are imported.
Written submissions must be filed no later than close of business
on May 1, 2013. Reply submissions must be filed no later than the close
of business on May 8, 2013. Such submissions should address the ALJ's
recommended determinations on remedy and bonding which were made in
Order No. 25. No further submissions on any of 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 eight
true paper 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-829'') 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: April 17, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-09476 Filed 4-22-13; 8:45 am]
BILLING CODE 7020-02-P