42690 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1012 

(Consolidated Modification and 

Enforcement Proceeding)] 

Certain Magnetic Data Storage Tapes 

and Cartridges Containing the Same 

Notice of Institution of Modification 

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 modification proceeding relating to 

the March 8, 2018 limited exclusion 

order and cease and desist orders issued 

in the above-referenced investigation. 

FOR FURTHER INFORMATION CONTACT: 

Megan M. Valentine, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2301. 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: The 

Commission instituted the original 

investigation on July 1, 2016, based on 

a complaint filed by Fujifilm 

Corporation of Tokyo, Japan, and 

Fujifilm Recording Media U.S.A., Inc. of 

Bedford, Massachusetts (collectively, 

‘‘Fujifilm’’). 81 FR 43243–44 (July 1, 

2016). Pertinent to this action, the 

complaint alleged violations of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337 (‘‘section 

337’’), in the sale for importation, 

importation, and sale within the United 

States after importation of certain 

magnetic data storage tapes and 

cartridges containing the same by reason 

of infringement of, inter alia, claims 1, 

4–9, 11 and 14 of U.S. Patent No. 

6,641,891 (‘‘the ’891 patent’’). The 

Commission’s Notice of Investigation 

named as respondents Sony Corporation 

of Tokyo, Japan, Sony Corporation of 

America of New York, New York, and 

Sony Electronics Inc. of San Diego, 

California (collectively, ‘‘the Sony 

respondents’’). The Office of Unfair 

Import Investigations (‘‘OUII’’) was also 

named as a party to the investigation. 

On March 8, 2018, the Commission 

found a section 337 violation as to the 

’891 patent and issued a limited 

exclusion order (‘‘LEO’’) and cease and 

desist orders (‘‘CDOs’’) to each of the 

Sony respondents. 83 FR 11245–47 

(March 14, 2018). The LEO generally 

prohibits the Sony respondents from 

importing certain magnetic data storage 

tapes and cartridges containing the same 

that infringe the ’891 patent, with 

certain exceptions related to service and 

repair and verification testing. The 

CDOs prohibit the Sony respondents 

from importing, selling, marketing, 

advertising, distributing, transferring 

(except for exportation) certain magnetic 

data storage tapes and cartridges 

containing the same that infringe the 

’891 patent, and soliciting United States 

agents or distributors for these activities. 

On May 9, 2018, Fujifilm filed a 

complaint requesting that the 

Commission institute a formal 

enforcement proceeding under 

Commission Rule 210.75 to investigate 

alleged violation of the CDOs by the 

Sony Respondents, as well as Sony 

Storage Media Solutions Corporation, 

Sony Storage Media Manufacturing 

Corporation, Sony DADC US Inc., and 

Sony Latin America Inc. (collectively, 

‘‘Sony’’). On June 13, 2018, the 

Commission instituted the enforcement 

proceeding. 83 FR 27626–27 (June 13, 

2018). OUII was also named as a party 

in the enforcement proceeding. 

On July 23, 2018, Sony filed a request 

for an advisory opinion and a petition 

for modification of the remedial orders 

to clarify that certain of its redesigned 

tape products are outside the scope of 

the remedial orders. On August 2, 2018, 

Fujifilm filed a response, opposing both 

Sony’s request and petition. 

Having examined the request and 

petition, as well as the supporting 

documents, the Commission has 

determined to institute a modification 

proceeding, pursuant to Commission 

Rule 210.76(b) (19 CFR. 210.76(b)), to 

determine whether the LEO and CDOs 

issued in the underlying investigation 

should be modified to exclude certain of 

Sony’s redesigned tape products. The 

Commission has further determined to 

delegate the modification proceeding to 

the presiding administrative law judge 

and to consolidate that proceeding with 

the ongoing enforcement proceeding. 

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: August 17, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–18155 Filed 8–22–18; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–471P] 

Proposed Adjustments to the 

Aggregate Production Quotas for 

Schedule I and II Controlled 

Substances and Assessment of 

Annual Needs for the List I Chemicals 

Ephedrine, Pseudoephedrine, and 

Phenylpropanolamine for 2018 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice with request for 

comments. 

SUMMARY: The Drug Enforcement 

Administration (DEA) proposes to 

adjust the 2018 aggregate production 

quotas for several controlled substances 

in schedules I and II of the Controlled 

Substances Act and assessment of 

annual needs for the list I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. 

DATES: Interested persons may file 

written comments on this notice in 

accordance with 21 CFR 1303.13(c) and 

1315.13(d). Electronic comments must 

be submitted, and written comments 

must be postmarked, on or before 

September 24, 2018. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept comments after 11:59 

p.m. Eastern Time on the last day of the 

comment period. 

Based on comments received in 

response to this notice, the 

Administrator may hold a public 

hearing on one or more issues raised. In 

the event the Administrator decides in 

his sole discretion to hold such a 

hearing, the Administrator will publish 

a notice of any such hearing in the 

Federal Register. After consideration of 

any comments or objections, or after a 

hearing, if one is held, the 

Administrator will publish in the 

Federal Register a final order 

establishing the 2018 adjusted aggregate 


daltland on DSKBBV9HB2PROD with NOTICES