Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 3023 

components thereof by reason of 

infringement of certain claims of U.S. 

Patent No. 6,511,257 (‘‘the ’257 patent’’) 

and U.S. Patent No. 6,695,527 (‘‘the ’527 

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 a 

limited exclusion order and cease and 

desist orders. 

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 Hiner, Office of the Secretary, 

Docket Services Division, 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 (2017). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

January 16, 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 certain load supporting 

systems, including composite mat 

systems, and components thereof by 

reason of infringement of one or more of 

claims 1–4 of the ’257 patent and claims 

1, 4, 5, 7, and 8 of the ’527 patent; 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: Newpark Mats 

& Integrated Services LLC, 9320 

Lakeside Boulevard, Suite 100, The 

Woodlands, TX 77381. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Checkers Industrial Products, LLC, 620 

Compton Street, Broomfield, CO 

80020. 

Checkers Safety Group UK LTD, 3rd 

Floor 1 Ashley Road, Altrincham, 

Cheshire, United Kingdom, WA14 

2DT. 

Zigma Ground Solutions LTD, Unit 11 

M11 Business Link Parsonage Lane, 

Stansted, Essex, United Kingdom, 

CM24 8GF. 

(3) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Office of Unfair Import 

Investigations will not participate as a 

party in this investigation. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents 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 a 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: January 17, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–01036 Filed 1–19–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1023] 

Certain Memory Modules and 

Components Thereof, and Products 

Containing Same: Commission 

Determination To Review-in-Part an 

Initial Determination Finding No 

Violation of Section 337; on Review, To 

Take No Position on One Issue; 

Affirmance of the Finding of No 

Violation and Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to reviewin-part a final initial determination 

(‘‘ID’’) of the presiding administrative 

law judge (‘‘ALJ’’) finding no violation 

of section 337. On review, the 

Commission has determined to take no 

position on the issue under review. The 

Commission has also determined to 

affirm the ID’s finding of no violation of 

section 337 and has terminated the 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. 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 this investigation 

on October 7, 2016, based on a 


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3024 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 

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

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

complaint filed on behalf of Netlist, Inc. 

of Irvine, California. 81 FR 69853–54. 

The complaint, as supplemented, 

alleged violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337, by reason of infringement 

of certain claims of the following U.S. 

Patent Nos.: 8,756,364 (‘‘the ’364 

patent’’); 8,689,064; 8,516,185; 

8,001,434 (‘‘the ’434 patent’’); 8,359,501 

(‘‘the ’501 patent’’); and 8,489,837. The 

Commission’s notice of investigation 

named SK Hynix Inc. of Gyeoonggi-do, 

Republic of Korea; and SK Hynix 

America Inc. and SK Hynix Memory 

Solutions Inc., both of San Jose, 

California, as respondents. The Office of 

Unfair Import Investigations (‘‘OUII’’) is 

also a party to the investigation. Id. 

On May 31, 2017, the Commission 

issued notice of its determination not to 

review the ALJ’s ID (Order No. 21) 

terminating the investigation as to the 

’364 patent based on partial withdrawal 

of the complaint. 

On November 14, 2017, the ALJ 

issued his final ID and recommended 

determination (RD) on remedy and 

bonding in one document. The ID finds, 

inter alia, that none of respondents’ 

accused products infringe any of the 

remaining asserted patents. The ID also 

finds that claims 1–3 and 5–7 of the ’434 

patent and claim 1 of the ’501 patent are 

not invalid as anticipated in view of 

U.S. Patent Publication No. 2005/ 

0257109 A1 (‘‘Averbuj’’). 

On November 27, 2017, complainant 

and respondents petitioned for review 

of the final ID. On December 5, 2017, 

complainant, respondents, and OUII 

each filed a response in opposition to 

the opposing petition for review. On 

December 5, 2017, the Chairman granted 

respondents’ motion for leave to refile 

its petition for review out of time. 

Having examined the record of this 

investigation, including the ID, the 

parties’ petitions for review, and the 

responses thereto, the Commission has 

determined to review-in-part the final 

ID. Specifically, the Commission has 

determined to review the ID’s finding 

that claims 1–3 and 5–7 of the ’434 

patent and claim 1 of the ’501 patent are 

not anticipated by Averbuj. The 

Commission has determined not to 

review the remainder of the final ID. 

On review, the Commission 

determines to take no position on the 

ID’s finding that claims 1–3 and 5–7 of 

the ’434 patent and claim 1 of the ’501 

patent are not invalid as anticipated in 

view of Averbuj. See Beloit Corp. v. 

Valmet Oy, 742 F.2d 1421 (Fed. Cir. 

1984). The Commission therefore 

affirms the ID’s finding of no violation 

of section 337 and terminates the 

investigation. 

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: January 16, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–00983 Filed 1–19–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–591 and 731– 

TA–1399 (Preliminary)] 

Common Alloy Aluminum Sheet 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 the Tariff Act of 1930 (‘‘the Act’’), 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of imports 

of common alloy aluminum sheet from 

China, provided for in subheadings 

7606.11.30, 7606.11.60, 7606.12.30, 

7606.12.60, 7606.91.30, 7606.91.60, 

7606.92.30, and 7606.92.60 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 to be subsidized by 

the government of China. 

Commencement of Final Phase 

Investigations 

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 U.S. 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 

of all persons, or their representatives, 

who are parties to the investigations. 

Background 

These investigations were instituted, 

pursuant to sections 703(a) and 733(a) of 

the Tariff Act of 1930 (19 U.S.C. 

1671b(a) and 1673b(a)), in response to a 

notification of investigations selfinitiated by the U.S. Department of 

Commerce deemed by the Commission 

as having been filed on December 1, 

2017. 

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 December 8, 2017 

(82 FR 58025). The conference was held 

in Washington, DC, on December 21, 

2017, and all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission made these 

determinations pursuant to sections 

703(a) and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)). It completed 

and filed its determinations in these 

investigations on January 16, 2018. The 

views of the Commission are contained 

in USITC Publication 4757 (January 

2018), entitled Common Alloy 

Aluminum Sheet from China: 

Investigation Nos. 701–TA–591 and 

731–TA–1399 (Preliminary). 

By order of the Commission. 

Issued: January 17, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–01034 Filed 1–19–18; 8:45 am] 

BILLING CODE 7020–02–P 


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