23752 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

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 

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. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Unfair Import Investigations, 

U.S. International Trade Commission, 

telephone (202) 205–2560. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2012). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

April 13, 2012, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine: 

(a) Whether there is a violation 

subsection (a)(1)(A) 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 food waste disposers and 

components and packaging thereof by 

reason of (1) trade dress infringement; 

(2) passing off; (3) infringement of 

common law trademarks; or (4) 

trademark dilution, the threat or effect 

of which is to destroy or substantially 

injure an industry in the United States; 

(b) 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 food waste disposers and 

components and packaging thereof that 

infringe the claim of U.S. Patent No. 

D535,850, and whether an industry in 

the United States exists as required by 

subsection (a)(2) of section 337; or 

(c) whether there is a violation of 

subsection (a)(1)(C) 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 food waste disposers and 

components and packaging thereof that 

infringe U.S. Trademark Registration 

No. 2,518,010, and whether an industry 

in the United States exists as required 

by subsection (a)(2) of section 337; 

(2) 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: Emerson 

Electric Co., 8000 West Florissant 

Avenue, P.O. Box 4100, St. Louis, MO 

63136. 

(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: 

Anaheim Manufacturing Co., 2680 

Orbiter Street, Brea, CA 92821. 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW., Suite 

401, Washington, DC 20436; and 

(3) 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 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(d)–(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. 

Issued: April 16, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–9504 Filed 4–19–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–489 and 731– 

TA–1201 (Preliminary)] 

Drawn Stainless Steel Sinks From 

China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

sections 703(a) and 733(a) of the Tariff 

Act of 1930 (19 U.S.C. 1671b(a) and 

1673b(a)) (the Act), that there is a 

reasonable indication that an industry 

in the United States is materially 

injured by reason of imports from China 

of drawn stainless sinks, provided for in 

subheading 7324.10.00 of the 

Harmonized Tariff Schedule of the 

United States, that are alleged to be sold 

in the United States at less than fair 

value (LTFV) and subsidized by the 

Government of China. 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in section 207.21 of the 

Commission’s rules, upon notice from 

the Department of Commerce 

(Commerce) of affirmative preliminary 

determinations in the investigations 

under sections 703(b) or 733(b) of the 

Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under sections 705(a) or 735(a) of the 

Act. Parties that filed entries of 

appearance in the preliminary phase of 

the investigations need not enter a 

separate appearance for the final phase 

of the investigations. Industrial users, 

and, if the merchandise under 

investigation is sold at the retail level, 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 23753 

of all persons, or their representatives, 

who are parties to the investigations. 

Background 

On March 1, 2012, a petition was filed 

with the Commission and Commerce by 

Elkay Manufacturing Company, Oak 

Brook, IL, alleging that an industry in 

the United States is materially injured 

or threatened with material injury by 

reason of LTFV imports of drawn 

stainless sinks and subsidized imports 

of drawn stainless sinks from China. 

Accordingly, effective March 1, 2012, 

the Commission instituted 

countervailing duty investigation No. 

701–TA–489 and antidumping duty 

investigation No. 731–TA–1201 

(Preliminary). 

Notice of the institution of the 

Commission’s investigations and of a 

public conference to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register of March 7, 2012 (77 

FR 13631). The conference was held in 

Washington, DC, on March 22, 2012, 

and all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission transmitted its 

determinations in these investigations to 

the Secretary of Commerce on April 16, 

2012. The views of the Commission are 

contained in USITC Publication 4317 

(April 2012), entitled Drawn Stainless 

Steel Sinks from China: Investigation 

Nos. 701–TA–489 and 731–TA–1201 

(Preliminary). 

By order of the Commission. 

Issued: April 17, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–9590 Filed 4–19–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–565] 

Certain Ink Cartridges and 

Components Thereof; Modification of 

Remedial Orders and Termination of 

Consolidated Advisory Opinion and 

Modification Proceedings 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has modified the general 

exclusion order and a cease and desist 

order to cover components of ink 

cartridges and terminated the abovecaptioned consolidated advisory 

opinion and modification proceedings. 

FOR FURTHER INFORMATION CONTACT: 

Michael Haldenstein, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

205–3041. Copies of all nonconfidential 

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 (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 

the matter can be obtained by contacting 

the Commission’s TDD terminal on 202– 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the underlying 

investigation in this matter on March 

23, 2006, based on a complaint filed by 

Epson Portland, Inc. of Oregon; Epson 

America, Inc. of California; and Seiko 

Epson Corporation of Japan (collectively 

‘‘Epson’’). 71 FR 14720 (March 23, 

2006). The complaint, as amended, 

alleged violations of section 337 of the 

Tariff Act of 1930 (‘‘section 337’’) in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain ink cartridges and components 

thereof by reason of infringement of 

claim 7 of U.S. Patent No. 5,615,957; 

claims 18, 81, 93, 149, 164 and 165 of 

U.S. Patent No. 5,622,439; claims 83 and 

84 of U.S. Patent No. 5,158,377; claims 

19 and 20 of U.S. Patent No. 5,221,148; 

claims 29, 31, 34 and 38 of U.S. Patent 

No. 5,156,472; claim 1 of U.S. Patent 

No. 5,488,401; claims 1–3 and 9 of U.S. 

Patent No. 6,502,917; claims 1, 31 and 

34 of U.S. Patent No. 6,550,902; claims 

1, 10 and 14 of U.S. Patent No. 

6,955,422; claim 1 of U.S. Patent No. 

7,008,053; and claims 21, 45, 53 and 54 

of U.S. Patent No. 7,011,397. The 

complaint further alleged that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. The complainants requested that 

the Commission issue a general 

exclusion order and cease and desist 

orders. The Commission named as 

respondents 24 companies located in 

China, Germany, Hong Kong, Korea, and 

the United States. Several respondents 

were terminated from the investigation 

on the basis of settlement agreements or 

consent orders or were found in default. 

On March 30, 2007, the presiding 

administrative law judge (ALJ) issued a 

final ID in the investigation finding a 

violation of section 337 with respect to 

certain respondents. He found the 

asserted claims valid and infringed by 

certain respondents’ products. He 

recommended issuance of a general 

exclusion order, limited exclusion 

order, and cease and desist orders 

directed to certain respondents and 

bond in the amount of $13.60 per 

cartridge during the Presidential review 

period. 

On October 19, 2007, after review, the 

Commission made its final 

determination in the investigation, 

finding a violation of section 337. The 

Commission issued a general exclusion 

order, limited exclusion order, and 

cease and desist orders directed to 

several domestic respondents. The 

Commission also determined that the 

public interest factors enumerated in 19 

U.S.C. 1337(d), (f), and (g) did not 

preclude issuance of the aforementioned 

remedial orders, and that the bond 

during the Presidential review period 

would be $13.60 per cartridge for 

covered ink cartridges. 

On December 13, 2010, two 

respondents in the underlying 

investigation, Ninestar Technology Co., 

Ltd. and Ninestar Technology Company, 

Ltd. (‘‘Ninestar U.S.’’) (collectively, 

‘‘Ninestar’’), filed a request with the 

Commission asking for institution of an 

advisory opinion proceeding and a 

petition for modification of the general 

exclusion order and a cease and desist 

order directed to Ninestar U.S. to 

indicate that certain design-around ink 

cartridges are not covered by the 

Commission’s orders. On February 3, 

2011, Epson filed a petition for 

modification of the general exclusion 

order and the cease and a desist order 

issued to Ninestar U.S. to indicate that 

components of certain ink cartridges are 

covered by the orders. Epson asked that 

the requested proceedings be 

consolidated along with the advisory 

opinion proceeding requested by 

Ninestar and assigned to an 

administrative law judge (ALJ). On 

March 18, 2011, the Commission 

instituted the requested consolidated 

advisory opinion and modification 

proceedings. 

On February 8, 2012, Epson and 

Ninestar filed a joint motion asking the 

Commission to terminate the advisory 

opinion and modification proceedings 

requested by Ninestar based upon a 

settlement agreement reached by 


tkelley on DSK3SPTVN1PROD with NOTICES