[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Pages 19287-19288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07543]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1260]


Notice of Institution of Investigation; Certain Toner Supply 
Containers and Components Thereof (II)

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 8, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Canon Inc. of 
Japan; Canon U.S.A., Inc. of Melville, New York; and Canon Virginia, 
Inc. of Newport News, Virginia. A supplement was filed on March 26, 
2021. The complaint, as supplemented, alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain toner supply containers and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 10,209,667 (``the 
'667 patent''); U.S. Patent No. 10,289,060 (``the '060 patent''); U.S. 
Patent No. 10,289,061 (``the '061 patent''); U.S. Patent No. 10,295,957 
(``the '957 patent''); U.S. Patent No. 10,488,814 (``the '814 
patent''); U.S. Patent No. 10,496,032 (``the '032 patent''); U.S. 
Patent No. 10,496,033 (``the '033 patent''); U.S. Patent No. 10,514,654 
(``the '654 patent''): U.S. Patent No. 10,520,881 (``the '881 
patent''); U.S. Patent No. 10,520,882 (``the '882 patent''); U.S. 
Patent No. 8,565,649 (``the '649 patent''); U.S. Patent No. 9,354,551 
(``the '551 patent''); and U.S. Patent No. 9,753,402 (``the '402 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute. The 
complainants request that the Commission institute an investigation 
and, after the investigation, issue a general exclusion order, or in 
the alternative a limited exclusion order, and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 7, 2021, ordered that--
    (1) Pursuant to section 210.10(a)(6) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(a)(6), two separate 
investigations be instituted based on the complaint to further 
efficient adjudication, one of which is instituted by this notice of 
investigation.
    (2) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (3) by reason of infringement of one or more of 
claims 1, 2, 6, 7, 12, 25, and 26 of the '649 patent; claims 1-7 of the 
'551 patent; and claims 1, 15-18, 22, 23, 25-27, 32, 36, 37, 39-41, and 
46 of the '402 patent; and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (3) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``certain toner supply 
containers and components thereof that are sold as replacements for 
Canon toner supply containers used in Canon copy machines'';
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Canon Inc., 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan
Canon U.S.A., Inc., One Canon Park, Melville, New York 11747
Canon Virginia, Inc., 12000 Canon Boulevard, Newport News, Virginia 
23606
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Sichuan XingDian Technology Co., Ltd., 23B/24A, East Building, New 
Century Computer Mall, Wuhou District, Chengdu, Sichuan, China 610041
Sichuan Wiztoner Technology Co., Ltd., No.2666, 4th Section of Konggang 
Road, Southwest Airlines Economic Development, Zone Chengdu, Sichuan, 
China 610200
Anhuiyatengshangmaoyouxiangongsi, Xiaokoucun, Haitouzhen, Ganyuqu, 
China 222002
ChengDuXiangChangNanShiYouSheBeiYouXianGongSi, 
ShaWanLu63Ha0;Hao1Dong2DanYuan5Lou1HaoFu7Hao, JinNiuQu, ChengDuShi, 
SiChuanSheng, China 610000
Digital Marketing Corporation d/b/a Digital Buyer Marketing Company, 
155 W. Washington Blvd., Suite 306, Los Angeles, California 90015
Do It Wiser LLC d/b/a Image Toner, 3422 Old Capitol Trail, #747, 
Wilmington, Delaware 19808
Hefeierlandianzishangwuyouxiangongsi, 
Xuefushequhuanchengdongluyiduan193 195ha, Piduqutuanjiezhen, 
Chengdushi, China 610000
Shenzhenshi Keluodeng Kejiyouxiangognsi, Yangguanghuayuan 6dong601, 
Bujijiedao, Longgangqu, Shenzhen, Guangdong, China 518112
MITOCOLOR INC., 18351 Colima Road, Suite A #2810, Rowland Heights, 
California 91748
Xianshi yanliangqu canqiubaihuodianshanghang, Yanliangqu 
XinhualujiedaobanbeizhushichangX-572, Xianshi, Shanxisheng, China 
710089
Zhuhai Henyun Image Co., Ltd., No. 76, Nanping Technology Industrial 
Park, Xiangzhou District, Zhuhai, China 519000

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade

[[Page 19288]]

Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: April 7, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-07543 Filed 4-12-21; 8:45 am]
BILLING CODE 7020-02-P