[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Notices]
[Pages 52212-52213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20429]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-832]


Certain Certain Ink Application Devices and Components Thereof 
and Methods of Using the Same; Commission Determination Not to Review 
an Initial Determination Finding Respondent T-Tech Tattoo Device Inc. 
in Default; Request for Submissions on Remedy, 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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 5) 
finding respondent T-Tech Tattoo Device Inc. of Ontario, Canada (``T-
Tech'') in default.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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 March 6, 2012, based on a complaint filed by MT.Derm GmbH of Berlin, 
Germany and Nouveau Cosmetique USA Inc. of Orlando, Florida 
(collectively ``Complainants'') alleging violations of section 337 of 
the Tariff Act of 1930 (19 U.S.C. 1337), as amended, in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain ink application devices 
and components thereof and methods of using the same by reason of 
infringement of certain claims of U.S. Patent Nos. 6,345,553 and 
6,505,530. 77 FR 13351 (Mar. 6, 2012). The Commission's Notice of 
Investigation (``NOI'') named T-Tech, Yiwu Beyond Tattoo Equipments 
Co., Ltd. of Yiwu City, China (``Yiwu''); and Guangzhou Pengcheng 
Cosmetology Firm of Guangzhou, China (``Guangzhou'') as respondents. 
The Complaint was served on March 1, 2012. The Office of Unfair Import 
Investigations was named as a party. On June 29, 2012, the Commission 
determined not to review the portion of an ID (Order No. 7) finding 
Yiwu and Guanzhou Pengcheng in default pursuant to section 210.16 of 
the Commission's Rules of Practice and Procedure (19 CFR 210.16). 
Notice (June 29, 2012).
    On March 20, 2013, Complainants filed a motion for summary 
determination of violation of section 337 against T-Tech. On March 28, 
2013, T-Tech filed an opposition to the motion, but did not dispute any 
of the facts in Complainants' Statement of Undisputed Material Facts. 
On April 1, 2013, the Commission investigative attorney (``IA'') filed 
a response supporting the motion in part.
    On April 17, 2013, Complainants also filed a motion for an ID 
finding T-Tech in default pursuant to Commission Rule 210.17(e). On 
April 19, 2013, the ALJ issued Order No. 32, ordering T-Tech to show 
cause as to why it should not be found in default for failing to comply 
with deadlines set forth in the procedural schedule. On April 25, 2013, 
T-Tech filed an opposition to the motion. On April 29, 2013, the IA 
filed a response in support of the motion.
    On July 17, 2013, the ALJ issued the subject ID (Order No. 35), 
granting-in-part Complainants' motion for summary determination of 
violation against T-Tech or, in the alternative, granting Complainants' 
motion for an ID finding T-Tech in default pursuant to section 210.17 
of the Commission's Rules of Practice and Procedure (19 CFR 210.17). No 
party petitioned for review of the subject ID.
    The Commission has determined not to review the portion of the 
subject ID finding T-Tech in default pursuant to Commission Rule 
210.17. Complainants are not seeking a general exclusion order under 
section 337(d)(2) (19 U.S.C. 337(d)(2)) or section 337(g)(2) (19 U.S.C. 
1337(g)(2)). The Commission, therefore, finds the portion of the ID 
granting

[[Page 52213]]

summary determination of violation of section 337 moot.
    T-Tech is the last remaining respondent in this investigation, the 
other respondents, Yiwu and Guanzhou Pengcheng having previously been 
found in default. With respect to T-Tech, section 210.17 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.17) states 
that a failure to participate in an investigation may provide a basis 
for a finding of violation of section 337 under section 337(d)(1) (19 
U.S.C. 1337(d)(1)). With respect to Yiwu and Guanzhou Pengcheng, 
section 337(g)(1) (19 U.S.C. 1337(g)(1)) and section 210.16(c) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.16(c)) 
authorize the Commission to issue relief against a respondent found in 
default.
    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(s) 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, Commission 
Opinion at 7-10 (December 1994).
    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 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: The parties to the investigation, interested 
government agencies, and any other interested persons are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are also requested to state the dates that the patents 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on August 30, 2013. Reply 
submissions must be filed no later than the close of business on 
September 6, 2013. No further submissions on these issues will be 
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-832'') 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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 210.42-46 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: August 16, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-20429 Filed 8-21-13; 8:45 am]
BILLING CODE 7020-02-P