[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31258-31259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11706]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-967]


Certain Document Cameras and Software for Use Therewith; 
Commission's Determination Not To Review an Initial Determination 
Terminating Recordex USA, Inc.; Request for Written Submissions on 
Remedy, the 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. 19) 
terminating Recordex USA, Inc. The Commission requests written 
submissions, under the schedule set forth below, on remedy, public 
interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 September 24, 2015, based on a complaint filed on behalf of Pathway 
Innovations & Technologies, Inc. of San Diego, California 
(``Complainant''). 80 FR 57642 (September 24, 2015). The complaint 
alleges 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 within the United States after importation of certain document 
cameras and software for use therewith by reason of infringement of 
certain claims of U.S. Design Patent No. D647,906; U.S. Design Patent 
No. D674,389; U.S. Design Patent No. D715,300; and U.S. Patent No. 
8,508,751. The Commission's notice of investigation named the following 
respondents: Recordex USA, Inc., of Long Island City, New York 
(``Recordex''); QOMO HiteVision, LLC, of Wixom, Michigan (``QOMO''); 
and Adesso, Inc. of Walnut, California (``Adesso''). The Office of 
Unfair Import Investigations was named as a party but has subsequently 
withdrawn from the investigation. Adesso was terminated based on a 
consent order stipulation and consent order. Order No. 5 (unreviewed) 
(Nov. 23, 2015). QOMO was found to be in default. Order No. 10 
(unreviewed) (Dec. 7, 2015). Recordex is the last remaining respondent 
in this investigation.
    On April 11, 2016, Complainant and Recordex filed a joint motion to 
terminate the investigation as to Recordex based on a settlement 
agreement. Complainant and Recordex stated that other than the 
settlement agreement, ``[t]here are no other agreements, written or 
oral, express or implied between the moving parties concerning the 
subject matter of the investigation.''
    On April 20, 2016, the ALJ granted the joint motion. The ID agreed 
with Complainant and Recordex that termination of the investigation as 
to Recordex will not negatively impact the public interest. ID at 2. 
The parties provided public and confidential versions of the settlement 
agreement.
    The Commission has determined not to review the subject ID.
    As noted above, QOMO was previously found to be in default. Section 
337(g)(1) and Commission Rule 210.16(c) authorize the Commission to 
order relief against a respondent found in default, unless, after 
considering the public interest, it finds that such relief should not 
issue. Complainant seeks a limited exclusion order and a cease and 
desist order.
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondent; and/
or (2) issue a cease and desist order that could result in the 
defaulting 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 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 
2843, Comm'n Op. 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 that the Commission will consider include the effect that the 
exclusion order and/or cease and desists 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: 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. Complainant is also requested to state the date that the 
asserted patents expire and the HTSUS numbers under which the accused 
products are imported. Complainant is further requested to supply the 
names of known importers of the products at issue in this 
investigation.
    The written submissions and proposed remedial orders must be filed 
no later than close of business on May 23, 2016. Reply submissions must 
be filed no later than the close of business on May 31, 2016. No 
further submissions on these issues will be permitted unless otherwise 
ordered by the Commission.

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    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-967'') 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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: May 13, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11706 Filed 5-17-16; 8:45 am]
 BILLING CODE 7020-02-P