[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Pages 4922-4923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00787]



[Investigation No. 337-TA-1020]

Certain Industrial Control System Software, Systems Using Same 
and Components Thereof; Commission Determination Not To Review an 
Initial Determination Terminating the Investigation Based on a 
Settlement Agreement; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.


SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 6) of the presiding administrative law judge 
(``ALJ''), terminating the above-captioned investigation based on a 
settlement agreement. The Commission has

[[Page 4923]]

determined to terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 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) 

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 19, 2016, based on a complaint filed on behalf of Rockwell 
Automation, Inc. of Milwaukee, Wisconsin. 81 FR 64196-97. The 
complaint, as supplemented, alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of 
infringement of the following U.S. Patent Nos.: 6,675,226; 6,816,817; 
6,819,960; 6,978,225; 7,130,704; 7,650,196; 7,693,585; and 8,799,800. 
The complaint further alleged that a domestic industry exists. The 
Commission's notice of investigation named 3S-Smart Software Solutions, 
GmbH of Kempten, Germany; Advantech Corporation of Milpitas, 
California; and Advantech Co., Ltd. of Taipei City, Taiwan as 
respondents. The Office of Unfair Import Investigations (``OUII'') is 
also a party to the investigation.
    On November 15, 2016, the complainant and all respondents jointly 
moved to terminate the investigation based on a settlement agreement. 
OUII supported the motion.
    The ALJ issued the subject ID on December 15, 2016, granting the 
motion for termination of the investigation. She found that the motion 
for termination satisfied Commission Rules 210.21(a)(1), (b)(1) and 
that termination of the investigation is not contrary to the public 
interest. She also issued a corrected ID on December 19, 2016, to 
attach a copy of the settlement agreement. No petitions for review were 
    The Commission has determined not to review the ID and has 
terminated the investigation.
    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: January 10, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-00787 Filed 1-13-17; 8:45 am]