[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55475-55476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17475]



[[Page 55475]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1259 (Modification Proceeding)]


Certain Toner Supply Containers and Components Thereof (I); 
Notice of Commission Determination Not To Review an Initial 
Determination Terminating the Modification Proceeding Based on 
Withdrawal of the Petition; Termination of Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 23) of the presiding administrative 
law judge (``ALJ'') granting the unopposed motion of respondents Katun 
Corporation (``Katun'') and General Plastic Industrial Co. Ltd. 
(``General Plastic'') to terminate the modification proceeding based on 
withdrawal of their petition for modification. The modification 
proceeding is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On April 13, 2021, the Commission instituted 
this investigation under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Melville, New 
York; and Canon Virginia, Inc. of Newport News, Virginia (collectively, 
``Complainants''). See 86 FR 19284-86. The complaint, as supplemented, 
alleges a violation of section 337 based upon the importation into the 
United States, sale for importation, or sale after importation into the 
United States of certain toner supply containers and components thereof 
by reason of infringement of certain claims of U.S. Patent Nos. 
10,209,667 (``the '667 patent''); 10,289,060 (``the '060 patent''); 
10,289,061 (``the '061 patent''); 10,295,957 (``the '957 patent''); 
10,488,814 (``the '814 patent''); 10,496,032 (``the '032 patent''); 
10,496,033 (``the '033 patent''); 10,514,654 (``the '654 patent''); 
10,520,881 (``the '881 patent''); 10,520,882 (``the '882 patent''); 
8,565,649; 9,354,551; and 9,753,402. Id. The complaint further alleges 
that a domestic industry exists. Id.
    The Commission instituted two separate investigations based on the 
complaint and defined the scope of the present investigation as whether 
there is a violation of section 337 in the importation, sale for 
importation, or sale within the United States after importation of 
toner supply containers and components thereof by reason of 
infringement of certain claims the '667 patent, the '060 patent, the 
'061 patent, the '957 patent, the '814 patent, the '032 patent, the 
'033 patent, the '654 patent, the '881 patent, and the '882 patent 
(collectively, ``the Asserted Patents''). Id. The notice of 
investigation (``NOI'') names twenty-six respondents, including General 
Plastic of Taichung, Taiwan and Katun of Minneapolis, Minnesota. Id. 
The Office of Unfair Import Investigations (``OUII'') was also a party 
to the investigation. Id.
    The complaint and NOI were later amended to correct the name of a 
respondent. Order No. 5 (May 13, 2021), unreviewed by 86 FR 29292-93 
(June 1, 2021).
    Twenty-two of the named respondents were later found in default 
(hereinafter, ``Defaulting Respondents''). See Order No. 7 (June 22, 
2021), unreviewed by Notice (July 6, 2021); Order No. 18 (Sept. 28, 
2021), unreviewed by Notice (Oct. 27, 2021). Several respondents, 
including General Plastic and Katun were later terminated from the 
investigation based on consent order stipulations. Order No. 10 (July 
1, 2021), unreviewed by Notice (July 19, 2021). Another respondent was 
later terminated based on partial withdrawal of the complaint. Order 
No. 13, unreviewed by Notice (Aug. 25, 2021).
    The Commission also terminated the investigation as to certain 
claims of the Asserted Patents. Order No. 11, unreviewed by Notice 
(Aug. 25, 2021).
    On August 1, 2022, the Commission affirmed an initial determination 
issued by the presiding ALJ, granting summary determination of a 
violation of section 337 with respect to Defaulting Respondents. 87 FR 
48039-41 (Aug. 5, 2022). Accordingly, the Commission issued: (1) a GEO 
prohibiting the unlicensed entry of certain toner supply containers and 
components thereof that infringe one or more of claim 1 of the '667 
patent; claim 1 of the '060 patent; claim 1 of the '061 patent; claim 1 
of the '957 patent; claims 1 and 12 of the '814 patent; claims 50, 58, 
and 61 of the '032 patent; claims 1 and 13 of the '033 patent; claims 
46 and 50 of the '654 patent; claims 1, 10, and 13 of the '881 patent; 
or claims 1 and 8 of the '882 patent; and (2) CDOs against certain of 
Defaulting Respondents. Id.
    On April 25, 2023, respondents Katun and General Plastic filed a 
petition pursuant to Commission Rule 210.76 (19 CFR 210.76) to modify 
the GEO in order to clarify that the order does not cover certain Katun 
and General Plastic redesigned toner supply containers. On May 5, 2023, 
Complainants filed an opposition to the petition. OUII did not file a 
response to the petition.
    On June 1, 2023, the Commission instituted a modification 
proceeding, pursuant to Commission Rule 210.76(a) (19 CFR 210.76(a)), 
to determine whether certain redesigned toner supply containers of 
Katun and General Plastic infringe the '667 patent, the '060 patent, 
the '061 patent, the '957 patent, the '814 patent, the '032 patent, the 
'033 patent, the '654 patent, the '881 patent, or the '882 patent. 88 
FR 35915-35917 (June 1, 2023).
    On July 3, 2023, Katun and General Plastic filed a motion to 
terminate the modification proceeding based on the withdrawal of their 
petition. That same day, Complainants filed a response stating that 
Complainants do not oppose the motion but reserve their right to oppose 
institution of any future proceeding. On July 5, 2023, OUII filed a 
response supporting the motion to terminate.
    On July 11, 2023, the presiding ALJ issued the subject ID granting 
Katun's and General Plastic's motion to terminate the modification 
proceeding pursuant to Commission Rule 210.21(a)(1) (19 CFR 
210.21(a)(1)). Order No. 23 (July 11, 2023). The ID finds that the 
motion complies with the Commission's rules and that there are no 
extraordinary circumstances that might justify denying the motion. No 
party petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. The 
modification proceeding is terminated.
    The Commission vote for this determination took place on August 9, 
2023.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as

[[Page 55476]]

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: August 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-17475 Filed 8-14-23; 8:45 am]
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