[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81154-81156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27622]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-965]


Certain Table Saws Incorporating Active Injury Mitigation 
Technology and Components Thereof; Commission Determination Not To 
Review a Final Initial Determination Finding a Violation of Section 
337; Schedule for Briefing 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 a final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ''), 
finding a violation of section 337 of the Tariff Act of 1930, as 
amended. The Commission has also set a schedule for briefing on remedy, 
the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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

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information concerning the Commission may also be obtained by accessing 
its Internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://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 1, 2015, based on a complaint filed by SawStop, LLC, and 
SD3, LLC (together, ``SawStop''). 80 FR 52791-92 (Sept. 1, 2015). The 
amended complaint alleged violations of section 337 of the Tariff Act 
of 1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain table saws incorporating active injury 
mitigation technology and components thereof by reason of infringement 
of certain claims of United States Patent Nos. 7,225,712 (``the '712 
patent''); 7,600,455 (``the '455 patent''); 7,610,836 (``the '836 
patent''); 7,895,927 (``the '927 patent''); 8,011,279 (``the '279 
patent''); and 8,191,450 (``the '450 patent''). The notice of 
investigation named as respondents Robert Bosch Tool Corp. of Mount 
Prospect, Illinois, and Robert Bosch GmbH of Baden-Wuerttemberg, 
Germany (together, ``Bosch''). Id. at 52792. The Office of Unfair 
Import Investigations is not a party to the investigation. Id.
    The Commission terminated the investigation with respect to the 
'836 and '450 patents based on SawStop's withdrawal of allegations 
concerning those patents. Order No. 8 (Mar. 10, 2016), not reviewed, 
Notice (Apr. 4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice 
(May 23, 2016).
    On January 27, 2016, SawStop moved for a summary determination that 
it satisfied the economic prong of the domestic industry requirement. 
On February 8, 2016, Bosch indicated that it did not oppose the motion. 
On March 22, 2016, the ALJ granted the unopposed motion and determined 
that SawStop satisfied the economic prong of the domestic industry 
requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr. 
21, 2016).
    On September 9, 2016, the ALJ issued his final initial 
determination finding a violation of section 337 with respect to the 
'927 and '279 patents, and no violation of section 337 with respect to 
the '712 and '455 patents. Specifically, he found that Bosch did not 
directly or contributorily infringe the '712 and '455 patents, but 
found that Bosch's REAXX table saw directly infringed the '927 and '279 
patents and that Bosch's activation cartridges contributorily infringed 
the '927 and '279 patents. He also found that Bosch had failed to show 
that any of the patent claims were invalid, and that SawStop satisfied 
the domestic industry requirement with respect to all four patents. 
Based on these findings, the ALJ recommended that a limited exclusion 
order issue against Bosch, that a cease and desist order issue against 
Robert Bosch Tool Corp., and that the bond during the period of 
Presidential review be set at zero percent. He also recommended that 
the scope of the exclusion order and cease and desist order 
specifically cover the contributorily infringing activation cartridges.
    On September 26, 2016, SawStop and Bosch each petitioned for review 
of the ID. On October 4, 2016, the parties opposed each other's 
petitions. Having examined the record of this investigation, including 
the ALJ's final ID, the petitions for review, and the responses 
thereto, the Commission has determined not to review the final 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 a cease and desist order 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 likely to do so. For background, 
see Certain Devices for Connecting Computers via Telephone Lines, Inv. 
No. 337-TA-360, USITC Pub. No. 2843 (December 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 a cease and desist order 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. The Commission is particularly 
interested in briefing on the following issues:

    1. The parties dispute whether SawStop would be able to satisfy 
the market demand for table saws with active injury mitigation 
technology if the Commission issues a remedy against Bosch. Please 
discuss whether SawStop would be able to satisfy that demand 
quantitatively and qualitatively. How could remedial orders be 
tailored to address any concerns about the ability of SawStop (or 
other suppliers) to satisfy demand?
    2. Bosch requests that any Commission remedial order have a 
service and repair provision allowing Bosch to import and sell 
replacement parts, including its activation cartridges. Please 
discuss whether such a provision is appropriate.

    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. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding, which issued on 
September 20, 2016. SawStop is also requested to submit proposed 
remedial orders for the Commission's consideration. SawStop is 
additionally requested to state the date that the '927 and '279 patents 
expire, the HTSUS numbers under which the subject articles are 
imported, and to supply a list of known importers of the subject 
articles. The written submissions, exclusive of any exhibits, must not 
exceed 20 pages, and must be filed no later than close of business on 
November 22, 2016. Reply submissions must not exceed 10 pages, and must 
be filed no later than the close of business on December 2, 2016. No 
further submissions on these issues will be

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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-965'') 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. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: November 10, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-27622 Filed 11-16-16; 8:45 am]
BILLING CODE 7020-02-P