[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40506-40507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16092]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-829]


Certain Toner Cartridges and Components Thereof; Issuance of 
General Exclusion Order and Cease and Desist Orders; Termination of 
Investigation

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 to issue a general exclusion order (``GEO'') 
and cease and desist orders (``CDOs'') in the above-captioned 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. 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 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, 
as amended (19 U.S.C. 1337) in the sale for importation, importation, 
or sale 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'') or claims 24-30 
of U.S. Patent No. 6,128,454 (``the '454 patent''). The notice of 
investigation named thirty-four respondents.
    On August 30, 2012, the ALJ issued an initial determination finding 
the following sixteen respondents in default: Shanghai Orink Infotech 
International Co., Ltd. of Shanghai, China; Orink Infotech 
International Co., Ltd. of Hong Kong, China; Zhuhai Rich Imaging 
Technology Co., Ltd. of Guangdong, China; Standard Image Co., Ltd. (a/
k/a Shanghai Orink Co., Ltd.) of Shanghai, China; Zhuhai National 
Resources & Jingjie Imaging Products Co., Ltd. (d/b/a Huebon Co., Ltd., 
d/b/a Ink-Tank) of Guangdong, China; Standard Image USA, Inc. (d/b/a 
Imaging Standard Inc.) of Santa Ana, California; Printronic Corporation 
(d/b/a Printronic.com, d/b/a InkSmile.com) of Santa Ana, California; 
Nukote, Inc. of Plano, Texas; Acecom, Inc.--San Antonio (d/b/a 
InkSell.com) of San Antonio, Texas; Do It Wiser LLC (d/b/a Image Toner) 
of Marietta, Georgia; E-Max Group, Inc. (d/b/a Databazaar.com) of 
Miramar, Florida; IJSS Inc. (d/b/a TonerZone.com, d/b/a 
InkJetSuperstore.com) of Los Angeles, California; Imaging Resources LLC 
of Chatsworth, California; Ink Technologies Printer Supplies, LLC of 
Dayton, Ohio; SupplyBuy.com, Inc. of Nashville, Tennessee; and Zinyaw 
LLC (d/b/a TonerPirate.com) of Houston, Texas. Order No. 14 
(nonreviewed October 2, 2012).
    On October 10, 2012, the ALJ issued an ID granting Canon's 
unopposed motion to withdraw the complaint as to respondent, Nukote 
Internacional de Mexico, S.A. de C.V. of Neuva Leon, Mexico and thereby 
to terminate this respondent from the investigation. Order No. 17 
(nonreviewed Nov. 14, 2012).
    The remaining respondents were terminated from the investigation on 
the basis of consent orders: 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); 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. Order No. 8 (nonreviewed July 16, 2012); 
Order No. 12 (nonreviewed Aug. 10, 2012); Order No. 18 (nonreviewed 
Nov. 14, 2012); Order No. 19 (nonreviewed Nov. 14, 2012); Order No. 20 
(nonreviewed Nov. 14, 2012); Order No. 22 (nonreviewed Dec. 13, 2012). 
Accordingly, the only parties remaining active in this investigation 
are Canon and the Investigative Attorney (``IA'').
    On September 21, 2012, Canon filed a motion for summary 
determination that it satisfies the economic prong of the domestic 
industry requirement. On October 4, 2012, the IA submitted a response 
supporting the motion. 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 ALJ issued his final initial determination on 
violation and recommendation on remedy (``ID/RD''), Order No. 25, 
granting the motion. The ALJ recommended issuance of a general 
exclusion order, issuance of cease and desist orders to the eleven 
defaulting domestic respondents, and the imposition of a bond of 100 
percent of entered value during the period of Presidential review. On 
April 17, 2013, the Commission issued notice of its determination not 
to review the ALJ's final determination on violation.
    The Commission has determined that the appropriate form of relief 
is the following: (1) A GEO under 19 U.S.C. 1337(d)(2), prohibiting the 
unlicensed entry of toner cartridges and components thereof that 
infringe one or more of claims 128-130, 132, 133 and 139-143 of the 
'803 patent or claims 24-30 of the '454 patent; and (2) CDOs directed 
to defaulting domestic respondents Standard Image USA, Inc.; Printronic 
Corporation; Nukote, Inc.; Do It Wiser LLC; E-Max Group, Inc.; IJSS 
Inc.; Imaging Resources, LLC; Ink Technologies Printer Supplies LLC; 
SupplyBuy.com, Inc.; Zinyaw LLC; and Acecom Inc.--San Antonio; and 
defaulting foreign respondents Shanghai Orink Infotech International 
Co., Orink

[[Page 40507]]

Infotech International Co., Zhuhai Rich Imaging Technology Co., Ltd; 
Standard Image Co., Ltd; and Zhuhai National Resources & Jingjie 
Imaging Products Co., Ltd.
    The Commission has further determined that the public interest 
factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) 
do not preclude issuance of the GEO and the CDOs. The Commission has 
determined that the bond for temporary importation during the period of 
Presidential review (19 U.S.C. 1337(j)) shall be in the amount of 100 
percent of the entered value of the imported articles that are subject 
to the order. The Commission's orders were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    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 sections 210.42-50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-50).

    Issued: June 28, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-16092 Filed 7-3-13; 8:45 am]
BILLING CODE 7020-02-P