[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19704-19705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07098]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1309]
Certain Core Orientation Systems, Products Containing Core
Orientation Systems, Components Thereof, and Methods of Using the Same;
Institution of Investigation
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 1, 2022, under section 337
of the Tariff Act of 1930, as amended, on behalf of Australian Mud
Company Pty Ltd. of Australia and Reflex USA LLC of Chandler, Arizona.
A supplement was filed on March 9, 2022. 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 core
orientation systems, products containing core orientation systems,
components thereof, and methods of using the same by reason of
infringement of certain claims of U.S. Patent No. 7,584,055 (``the '055
patent''). The complaint further alleges that an industry in the United
States exists or is in the process of being established as required by
the applicable Federal Statute. The complainants request that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and a cease and desist order.
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 (2021).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 30, 2022, ordered that --
(1) 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 (2) by reason of infringement of one or more of
claims 16-18, 22, and 23 of the '055 patent, and whether an industry in
the United States exists or is in the process of being established as
required by subsection (a)(2) of section 337;
(2) 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 ``products and systems
for determining the orientation of a core that is drilled from the
earth, components thereof (e.g. down hole tools and devices, handheld
devices, and other components included in core orientation kits), and
products containing the same (e.g. core drills and inner tube
assemblies)'';
(3) 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 complainants are:
Australian Mud Company Pty Ltd., 216 Balcatta Road, Balcatta, Western
Australia 6021, Telephone: +61 (0) 8 9445 4020
Reflex USA LLC, 2250 E Germann Road, Suite 3, Chandler, Arizona 85286
(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:
Boart Longyear Group Ltd., 2455 South 3600 West, West Valley City, UT
84119
Boart Longyear Limited, 26 Butler Boulevard, Burbridge Business Park,
Adelaide Airport, South Australia 5950, Australia
Boart Longyear Company, 2455 South 3600 West, West Valley City, UT
84119
[[Page 19705]]
Boart Longyear Manufacturing and Distribution Inc., 2455 South 3600
West, West Valley City, UT 84119
Longyear TM, Inc., 2455 South 3600 West, West Valley City, UT 84119
Globaltech Corporation Pty Ltd., 833 Abernethy Road, Forrestfield,
Western Australia 6058, Australia
Globaltech Pty Ltd., 833 Abernethy Road, Forrestfield, Western
Australia 6058, Australia
Granite Construction Incorporated, 585 West Beach Street, Watsonville,
California 95076
International Directional Services LLC, 12030 East Riggs Road,
Chandler, Arizona 85249
(c) The Office of Unfair Import Investigations, U.S. International
Trade 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 respondents 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
complainants 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 a 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
cease and desist orders or both directed against the respondents.
By order of the Commission.
Issued: March 30, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-07098 Filed 4-4-22; 8:45 am]
BILLING CODE 7020-02-P