[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55704-55705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22894]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-730]


In the Matter of Certain Inkjet Ink Supplies and Components 
Thereof; Notice of a Commission Determination Not To Review an Initial 
Determination Granting Complainant's Motion for Summary Determination 
That There Has Been a Violation of Section 337

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. 14) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion for summary determination that 
there has been a violation of section 337 in the above-captioned 
investigation.

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 ``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 
entry of a general exclusion order. Subsequently, HP filed a 
supplemental submission in support of its motion for summary 
determination. The IA supports HP's motion as supplemented.
    On August 3, 2011, the ALJ issued an ID (Order No. 14) granting 
complainant's motion. No party petitioned for review of the ID. The ID 
contained, inter alia, the ALJ's recommended determination on remedy 
and bonding. The ALJ recommended issuance of a general exclusion order 
and cease and desist orders against the defaulting respondents. The ALJ 
also recommended that the Commission set a bond of 100 percent during 
the period of Presidential review.

[[Page 55705]]

    Having examined the record in this investigation, including the 
subject ID, the Commission has determined not to review the 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 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 are likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 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 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. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    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. Complainant and the 
Commission investigative attorney are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is 
further requested to provide the respective expiration dates of the 
patents-in-suit and state the HTSUS numbers under which the accused 
articles are imported. The written submissions and proposed remedial 
orders must be filed no later than the close of business on September 
14, 2011. Reply submissions must be filed no later than the close of 
business on September 21, 2011. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    The authority for this action 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, 210.50).

    Issued: September 1, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22894 Filed 9-7-11; 8:45 am]
BILLING CODE 7020-02-P