Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32685 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

Accordingly, parties are to file public 

interest submissions pursuant to 19 CFR 

210.50(a)(4). In addition, members of 

the public are invited to file 

submissions of no more than five (5) 

pages, inclusive of attachments, 

concerning the public interest in light of 

the administrative law judge’s 

Recommended Determination on 

Remedy and Bonding issued in this 

investigation on July 3, 2018. Comments 

should address whether issuance of a 

limited exclusion and/or cease and 

desist order in this investigation would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the recommended 

order are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the recommended orders; 

(iii) indicate the extent to which like 

or directly competitive articles are 

produced in the United States or are 

otherwise available in the United States, 

with respect to the articles potentially 

subject to the recommended orders; 

(iv) indicate whether Complainant, 

Complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the recommended 

orders within a commercially 

reasonable time; and 

(v) explain how the recommended 

order would impact consumers in the 

United States. 

Written submissions must be filed by 

the close of business on August 10, 

2018. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadline 

stated above and submit eight true paper 

copies to the Office of the Secretary 

pursuant to Commission Rule 210.4(f), 

CFR part 210.4(f). Submissions should 

refer to the investigation number (‘‘Inv. 

No. 337–TA–1053’’) in a prominent 

place on the cover page and/or the first 

page. (See Handbook for Electronic 

Filing Procedures, https://

www.usitc.gov/secretary/documents/ 

handbook_on_filing_procedures.pdf). 

Persons with questions regarding filing 

should contact the Secretary at (202) 

205–2000. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR part 210.6. 

Documents for which confidential 

treatment by the Commission is sought 

will be treated accordingly. A redacted 

non-confidential version of the 

document must also be filed 

simultaneously with any confidential 

filing. 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 

non-confidential written submissions 

will be available for public inspection at 

the Office of the Secretary and on EDIS. 

This action is taken under authority of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, and part 210 

of the Commission’s Rules of Practice 

and Procedure (19 CFR part 210). 

By order of the Commission. 

Issued: July 9, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–14955 Filed 7–12–18; 8:45 am] 

BILLING CODE P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1082] 

Certain Gas Spring Nailer Products 

and Components Thereof; 

Commission Decision Not To Review 

an Initial Determination Granting 

Complainant’s Motion To Amend the 

Notice of Investigation To Add Claim 

30 of U.S. Patent 8,267,297 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 15) of the Chief 

Administrative Law Judge (‘‘CALJ’’) 

granting Complainant’s motion to 

amend the Notice of Investigation 

(‘‘NOI’’) to add claim 30 of U.S. Patent 

No. 8,267,297 (‘‘the ’297 patent’’). 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. 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 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: On 

November 20, 2017, 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 an amended and 

supplemented complaint filed by 

Complainant Kyocera Senco Brands Inc. 

(‘‘Kyocera’’) of Cincinnati, Ohio. See 82 

FR 55118–19 (Nov. 20, 2017). The 

amended complaint, as supplemented, 

alleges a violation 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 gas spring nailer 

products and components thereof, by 

reason of infringement of one or more of 

U.S. Patent No. 8,011,547; U.S. Patent 

No. 8,267,296; U.S. Patent No. 

8,267,297; U.S. Patent No. 8,387,718; 

U.S. Patent No. 8,286,722; and U.S. 

Patent No. 8,602,282. See id. The 

amended complaint named one 

respondent, namely, Hitachi Koki 

U.S.A., Limited (‘‘Hitachi’’) of Braselton, 

Georgia. The Office of Unfair Import 

Investigations is not a party to the 

investigation. See id. 

On June 4, 2018, Complainant 

Kyocera filed a motion (Motion) to 

amend the NOI to add claim 30 of the 

’297 patent on the basis that it was 

inadvertently omitted as a result of a 

clerical error. The ID finds that ‘‘good 


sradovich on DSK3GMQ082PROD with NOTICES
32686 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 

cause exists for amending [the NOI]’’ 

under Commission Rule 210.14(b), 19 

CFR 210.14(b). See ID at 2–3. 

Specifically, the ID reasons that 

‘‘[c]orrecting a clerical error constitutes 

good cause to amend [the NOI]’’ and 

that ‘‘Complainant did not improperly 

delay in bringing [the Motion].’’ See id. 

at 3. The ID also finds that ‘‘amending 

the [NOI] to add claim 30 will not 

prejudice Respondent’’ because ‘‘[t]he 

parties proceeded throughout discovery 

as if claim 30 was within the scope of 

the Investigation.’’ See id. at 4. 

No petition for review of the subject 

ID was filed. The Commission has 

determined not to review the ID. 

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: July 9, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–14954 Filed 7–12–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1122] 

Certain Convertible Sofas and 

Components Thereof; Institution of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on June 

7, 2018, under section 337 of the Tariff 

Act of 1930, as amended, on behalf of 

Sauder Manufacturing Company of 

Archbold, Ohio. A supplement to the 

complaint was filed on June 14, 2018. 

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 convertible sofas 

and components thereof by reason of 

infringement of U.S. Design Patent No. 

716,576 (‘‘the ’576 patent’’). The 

complaint further alleges that an 

industry in the United States exists as 

required by the applicable Federal 

Statute. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue 

limited exclusion order and a cease and 

desist order. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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, Room 

112, Washington, DC 20436, telephone 

(202) 205–2000. 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. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at https://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Katherine M. Hiner, The Office of 

Docket Services, U.S. International 

Trade Commission, telephone (202) 

205–1802. 

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 (2018). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

July 6, 2018, 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 products identified in 

paragraph (2) by reason of infringement 

of the claim of the ’576 patent; and 

whether an industry in the United 

States exists 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 ‘‘convertible sofas that 

include the unitary combination of two 

upholstered seating areas, each bordered 

on the lateral end with a vertical 

armrest, such areas being separated by 

a flat table member that can be placed 

substantially level with the seating areas 

as well as raised above the level of the 

seating areas to various degrees to 

provide an open space beneath the table 

and for the full width of the table. In 

addition, the sofa includes a full width, 

integral backrest that can be folded 

down on top of the seats and table to 

provide a sleep/rest surface’’; 

(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 complainant is: Sauder 

Manufacturing Company, 930 West 

Barre Road, Archbold, OH 43502. 

(b) The respondent is the following 

entity alleged to be in violation of 

section 337, and is the party upon 

which the complaint is to be served: 

Krug, Inc., 111 Ahrens Street, Kitchener, 

Ontario, Canada N2C 1L5 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge; 

(5) The Office of Unfair Import 

Investigations will not be named as a 

party to this investigation. 

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), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission 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. 


sradovich on DSK3GMQ082PROD with NOTICES