[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81154-81156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27622]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-965]
Certain Table Saws Incorporating Active Injury Mitigation
Technology and Components Thereof; Commission Determination Not To
Review a Final Initial Determination Finding a Violation of Section
337; Schedule for Briefing on Remedy, the Public Interest, and Bonding
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 a final initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ''),
finding a violation of section 337 of the Tariff Act of 1930, as
amended. The Commission has also set a schedule for briefing on remedy,
the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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
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information concerning the Commission may also be obtained by accessing
its Internet server (https://www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://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 September 1, 2015, based on a complaint filed by SawStop, LLC, and
SD3, LLC (together, ``SawStop''). 80 FR 52791-92 (Sept. 1, 2015). The
amended complaint alleged violations of section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain table saws incorporating active injury
mitigation technology and components thereof by reason of infringement
of certain claims of United States Patent Nos. 7,225,712 (``the '712
patent''); 7,600,455 (``the '455 patent''); 7,610,836 (``the '836
patent''); 7,895,927 (``the '927 patent''); 8,011,279 (``the '279
patent''); and 8,191,450 (``the '450 patent''). The notice of
investigation named as respondents Robert Bosch Tool Corp. of Mount
Prospect, Illinois, and Robert Bosch GmbH of Baden-Wuerttemberg,
Germany (together, ``Bosch''). Id. at 52792. The Office of Unfair
Import Investigations is not a party to the investigation. Id.
The Commission terminated the investigation with respect to the
'836 and '450 patents based on SawStop's withdrawal of allegations
concerning those patents. Order No. 8 (Mar. 10, 2016), not reviewed,
Notice (Apr. 4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice
(May 23, 2016).
On January 27, 2016, SawStop moved for a summary determination that
it satisfied the economic prong of the domestic industry requirement.
On February 8, 2016, Bosch indicated that it did not oppose the motion.
On March 22, 2016, the ALJ granted the unopposed motion and determined
that SawStop satisfied the economic prong of the domestic industry
requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr.
21, 2016).
On September 9, 2016, the ALJ issued his final initial
determination finding a violation of section 337 with respect to the
'927 and '279 patents, and no violation of section 337 with respect to
the '712 and '455 patents. Specifically, he found that Bosch did not
directly or contributorily infringe the '712 and '455 patents, but
found that Bosch's REAXX table saw directly infringed the '927 and '279
patents and that Bosch's activation cartridges contributorily infringed
the '927 and '279 patents. He also found that Bosch had failed to show
that any of the patent claims were invalid, and that SawStop satisfied
the domestic industry requirement with respect to all four patents.
Based on these findings, the ALJ recommended that a limited exclusion
order issue against Bosch, that a cease and desist order issue against
Robert Bosch Tool Corp., and that the bond during the period of
Presidential review be set at zero percent. He also recommended that
the scope of the exclusion order and cease and desist order
specifically cover the contributorily infringing activation cartridges.
On September 26, 2016, SawStop and Bosch each petitioned for review
of the ID. On October 4, 2016, the parties opposed each other's
petitions. Having examined the record of this investigation, including
the ALJ's final ID, the petitions for review, and the responses
thereto, the Commission has determined not to review the final ID.
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 a cease and desist order 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
exclusion order and/or a cease and desist order 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. The Commission is particularly
interested in briefing on the following issues:
1. The parties dispute whether SawStop would be able to satisfy
the market demand for table saws with active injury mitigation
technology if the Commission issues a remedy against Bosch. Please
discuss whether SawStop would be able to satisfy that demand
quantitatively and qualitatively. How could remedial orders be
tailored to address any concerns about the ability of SawStop (or
other suppliers) to satisfy demand?
2. Bosch requests that any Commission remedial order have a
service and repair provision allowing Bosch to import and sell
replacement parts, including its activation cartridges. Please
discuss whether such a provision is appropriate.
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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding, which issued on
September 20, 2016. SawStop is also requested to submit proposed
remedial orders for the Commission's consideration. SawStop is
additionally requested to state the date that the '927 and '279 patents
expire, the HTSUS numbers under which the subject articles are
imported, and to supply a list of known importers of the subject
articles. The written submissions, exclusive of any exhibits, must not
exceed 20 pages, and must be filed no later than close of business on
November 22, 2016. Reply submissions must not exceed 10 pages, and must
be filed no later than the close of business on December 2, 2016. No
further submissions on these issues will be
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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 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-965'') 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. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel,\1\ solely for
cybersecurity purposes. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: November 10, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-27622 Filed 11-16-16; 8:45 am]
BILLING CODE 7020-02-P