Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38177 

time on the next business day. In the 

event that confidential treatment of a 

document is requested, interested 

parties must file, at the same time as the 

eight paper copies, at least four (4) 

additional true paper copies in which 

the confidential information must be 

deleted (see the following paragraph for 

further information regarding 

confidential business information). 

Persons with questions regarding 

electronic filing should contact the 

Office of the Secretary, Docket Services 

Division (202–205–1802). 

Confidential Business Information. 

Any submissions that contain 

confidential business information must 

also conform to the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information is clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

The Commission will not include any 

confidential business information in the 

report that it sends to the Congress or 

the President or that it makes available 

to the public. However, all information, 

including confidential business 

information, submitted in 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 for 

cybersecurity purposes. The 

Commission will not otherwise disclose 

any confidential business information in 

a manner that would reveal the 

operations of the firm supplying the 

information. 

Summaries of Written Submissions: 

The Commission intends to publish 

summaries of the positions of interested 

persons. Persons wishing to have a 

summary of their position included in 

the report should include a summary 

with their written submission. The 

summary may not exceed 500 words, 

should be in MSWord format or a format 

that can be easily converted to MSWord, 

and should not include any confidential 

business information. The summary will 

be published as provided if it meets 

these requirements and is germane to 

the subject matter of the investigation. 

The Commission will identify the name 

of the organization furnishing the 

summary and will include a link to the 

Commission’s Electronic Document 

Information System (EDIS) where the 

full written submission can be found. 

By order of the Commission. 

Issued: July 30, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–16610 Filed 8–2–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1063] 

Certain X-Ray Breast Imaging Devices 

and Components Thereof Notice of 

Request for Statements on the Public 

Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the presiding administrative law judge 

(‘‘ALJ’’) has issued a Recommended 

Determination on Remedy and Bond in 

the above-captioned investigation. The 

Commission is soliciting comments on 

public interest issues raised by the 

recommended relief. The ALJ 

recommended, should the Commission 

find a violation of section 337, that the 

Commission issue a limited exclusion 

order prohibiting the entry of certain xray breast imaging devices and 

components thereof manufactured 

abroad by or on behalf of Respondents 

FUJIFILM Corporation of Tokyo, Japan; 

FUJIFILM Medical Systems USA, Inc. of 

Stamford, Connecticut; and FUJIFILM 

Techno Products Co., Ltd. of HanamakiShi Iwate, Japan, that infringe certain 

claims of U.S. Patent Nos. 7,831,296; 

8,452,379; 7,688,940; and 7,123,684. 

The ALJ also recommend that a cease 

and desist order be issued. The ALJ 

recommend that the issuing orders 

include exceptions relating to support, 

servicing and repair and that the limited 

exclusion order include an exception for 

government use, as well as a 

certification provision. This notice is 

soliciting public interest comments from 

the public only. Parties are to file public 

interest submissions pursuant to 

Commission rules. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Pitcher Fisherow, Esq., Office 

of the General Counsel, U.S. 

International Trade Commission, 500 E 

Street SW, Washington, DC 20436, 

telephone (202) 205–2737. 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 http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http://

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: Section 

337 of the Tariff Act of 1930 provides 

that if the Commission finds a violation 

it shall exclude the articles concerned 

from the United States: 

unless, after considering the effect of such 

exclusion upon the public health and 

welfare, competitive conditions in the United 

States economy, the production of like or 

directly competitive articles in the United 

States, and United States consumers, it finds 

that such articles should not be excluded 

from entry. 

19 U.S.C. 1337(d)(1). A similar 

provision applies to cease and desist 

orders. 19 U.S.C. 1337(f)(1). 

The Commission is interested in 

further development of the record on 

the public interest in these 

investigations. 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 ALJ’s 

Recommended Determination on 

Remedy and Bond issued in this 

investigation on July 26, 2018. 

Comments should address whether 

issuance of remedial orders 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 

orders are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the recommended orders; 


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38178 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(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 

exclusion order and/or cease and desist 

orders within a commercially 

reasonable time; and 

(v) explain how the recommended 

exclusion order and/or cease and desist 

orders would impact consumers in the 

United States. 

Written submissions must be filed no 

later than by close of business on 

September 6, 2018. 

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. 

1063’’) 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 ((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, solely for cybersecurity 

purposes (all contract personnel will 

sign appropriate nondisclosure 

agreements). All nonconfidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary and on EDIS. 

This action is taken under the 

authority of 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 31, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–16651 Filed 8–2–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–929 (Rescission 

Proceeding)] 

Certain Beverage Brewing Capsules, 

Components Thereof, and Products 

Containing the Same; Commission 

Determination To Institute a 

Rescission Proceeding; Temporary 

Rescission of the Remedial Orders; 

Termination of the Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

a rescission proceeding, to temporarily 

rescind a March 17, 2016 limited 

exclusion order and three cease-anddesist orders (‘‘the remedial orders’’), 

and to terminate the rescission 

proceeding. 

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 

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 the original 

investigation on September 9, 2014, 

based on a complaint filed by Adrian 

Rivera and Adrian Rivera Maynez 

Enterprises, Inc. (collectively, ‘‘ARM’’). 

79 FR 53445–46. The complaint alleged 

that several respondents, including Eko 

Brands, LLC (‘‘Eko’’) Evermuch 

Technology Co., Ltd. and Ever Much 

Company Ltd. (together, ‘‘Evermuch’’), 

violated section 337 of the Tariff Act of 

1930, as amended, 19 U.S.C. 1337, by 

infringing certain claims of U.S. Patent 

No. 8,720,320 (‘‘the ’320 patent’’). Id. 

Eko Brands and Evermuch did not 

respond to the complaint and notice of 

investigation, and were found in 

default. Notice (May 18, 2015). On 

March 17, 2016, the Commission issued 

a limited exclusion order prohibiting 

Eko and Evermuch from importing 

certain beverage brewing capsules, 

components thereof, and products 

containing same that infringed claims 8 

or 19 of the ’320 patent, and also issued 

three cease-and-desist orders against 

Eko and the two Evermuch entities 

prohibiting the sale and distribution 

within the United States of articles that 

infringe claims 8 or 19. 81 FR 15742– 

43. 

On April 2, 2015, Eko filed in district 

court for declaratory relief stating, inter 

alia, that Eko does not infringe certain 

claims of the ’320 patent and that 

certain claims of the ’320 patent are 

invalid. Eko Brands v. Adrian Rivera 

Maynez Enterprises Inc. et al., Case No. 

2:15-cv-00522, Dkt. #1 (W.D. Wash.). On 

June 14, 2018, the district court issued 

an order finding that claims 5, 8, 18, and 

19 of the ’320 patent are invalid as 

obvious. Id. at Dkt. #251. 

On June 28, 2018, Eko petitioned the 

Commission to rescind the March 17, 

2016 remedial orders based on the 

district court’s invalidity judgment. On 

July 9, 2018, ARM filed a response that 

did not dispute Eko’s petition, but 

argued that any rescission be temporary 

pending the resolution of ARM’s appeal 

of the district court invalidity judgment. 

Having considered the petition and 

response, the Commission has 

determined to institute a rescission 

proceeding, and has determined that the 

circumstances warrant temporarily 

rescinding the remedial orders pending 

the appeal of the district court invalidity 

judgment. The rescission proceeding is 

hereby terminated. 

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 


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