[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]
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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.
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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