43678 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 

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 may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on November 20, 2017, based on a 

complaint filed on behalf of Kyocera 

Senco Brands, Inc. (now known as 

Kyocera Senco Industrial Tools, Inc.) 

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

55118–19 (Nov. 20, 2017). The 

complaint, as amended and 

supplemented, alleged violations of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘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, inter alia, 

claims 1, 10, and 16 of U.S. Patent Nos. 

8,387,718 (‘‘the ’718 patent’’). The 

complaint further alleged the existence 

of a domestic industry. The 

Commission’s notice of investigation 

named Koki as a respondent. The Office 

of Unfair Import Investigations did not 

participate in the investigation. 

On March 5, 2020, the Commission 

issued its final determination finding a 

violation of section 337 based on 

infringement of the asserted claims of 

the ’718 patent. 85 FR 14244–46 (Mar. 

11, 2020). The Commission issued an 

LEO directed against Koki’s infringing 

products, and a CDO directed against 

Koki. Id. On July 1, 2020, Koki filed an 

appeal to the U.S. Court of Appeals for 

the Federal Circuit, which is currently 

pending (Appeal No. 20–2050). 

On June 30, 2020, U.S. Customs and 

Border Protection (‘‘CBP’’) issued a 

ruling, pursuant to 19 CFR part 177, that 

the redesigned products are outside of 

the scope of the LEO issued in the 

investigation. See RX–1001 (CBP 

Ruling); CX–1017C (Ltr. Requesting CBP 

Ruling). In response, on August 17, 

2020, Kyocera petitioned for institution 

of a modification proceeding, requesting 

the Commission to determine if the 

redesigned products are outside of the 

scope of the LEO and CDO. On August 

27, 2020, Koki opposed the petition. 

On September 16, 2020, the 

Commission instituted a modification 

proceeding to determine whether the 

redesigned products are covered by the 

LEO and CDO. See 85 FR 59543–44 

(Sept. 22, 2020); Comm’n Order (Sept. 

16, 2020). On October 22, 2020, the 

Commission issued a revised 

modification institution order that 

clarified that the presiding ALJ would 

consider, in the first instance, any issues 

regarding potentially impermissible 

arguments raised by Kyocera in the 

course of the modification proceeding. 

See Revised Comm’n Order (Oct. 22, 

2020). 

On July 2, 2021, the CALJ issued the 

subject RD finding that Koki’s 

redesigned products are not covered by 

the LEO and CDO. 

On July 16, 2021, Kyocera submitted 

comments on the RD. On July 22, 2021, 

Koki filed a response to Kyocera’s 

comments. 

Having reviewed the record and the 

parties’ submissions, the Commission 

has determined to adopt the RD’s 

finding that the redesigned products do 

not infringe claims 1, 10, and 16 of the 

’718 patent and thus are not covered by 

the LEO and CDO. The Commission has 

issued a contemporaneous order 

indicating that the redesigned products 

are exempt from the scope of the LEO 

and CDO. 

The modification proceeding is 

terminated. 

The Commission vote for this 

determination took place on August 4, 

2021. 

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 4, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–16976 Filed 8–9–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1274] 

Certain Optical Enclosures, 

Components Thereof, and Products 

Containing the Same; 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 July 

2, 2021, under section 337 of the Tariff 

Act of 1930, as amended, on behalf of 

Criterion Technology, Inc. of 

Thomaston, Georgia. A supplement was 

filed on July 23, 2021. The complaint 

alleges violations of section 337 based 

upon the importation into the United 

States, and in the sale of certain optical 

enclosures, components thereof, and 

products containing the same by reason 

of the misappropriation of trade secrets, 

the threat or effect of which is to destroy 

or substantially injure a domestic 

industry. 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, may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. 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. 

FOR FURTHER INFORMATION CONTACT: 

Pathenia M. Proctor, The Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 205–2560. 

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 (2020). 

SCOPE OF INVESTIGATION: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

August 4, 2021, 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)(A) of 

section 337 in the importation into the 

United States, or in the sale of certain 

products identified in paragraph (2) by 

reason of misappropriation of trade 


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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 43679 

secrets, the threat or effect of which is 

to destroy or substantially injure an 

industry in the United States; 

(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 ‘‘polycarbonate and 

nylon optical enclosures’’; 

(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: 

Criterion Technology, Inc., 101 

McIntosh Parkway, Thomaston, GA 

30289. 

(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: 

Velodyne Lidar USA, Inc., 5521 Hellyer 

Avenue, San Jose, CA 95138. 

Fujian Fran Optics Co., Ltd., No. 25, 

Standard Workshop, Juyuanzhou, 

Jinshan Industrial District, Fuzhou, 

350002, Fujian, China 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, Suite 

401, Washington, DC 20436; and 

(4) 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 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), as 

amended in 85 FR 15798 (March 19, 

2020), such responses will be 

considered by the Commission if 

received not later than 20 days after the 

date of service by the complainant 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: August 4, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–16975 Filed 8–9–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

On August 2, 2021, the Department of 

Justice lodged a proposed consent 

decree with the United States District 

Court for the Northern District of West 

Virginia (Clarksburg Division) in the 

lawsuit entitled United States of 

America et al. v. LPG Land & 

Development Corporation, No. 1:21–cv– 

33–TSK. 

The United States and the State of 

West Virginia, by and through the West 

Virginia Department of Environmental 

Protection, filed this lawsuit against 

LPG Land & Development Corporation 

(‘‘Defendant’’), pursuant to the Clean 

Water Act and the West Virginia Water 

Pollution Control Act. The United States 

and West Virginia seek injunctive relief 

and civil penalties from the Defendant 

for violations relating to the discharge of 

pollutants into waters of the United 

States without a permit, and in violation 

of a permit, at the Mon Fayette 

Industrial Park located in Morgantown, 

West Virginia. The proposed consent 

decree resolves these allegations by 

requiring the Defendant to purchase 

mitigation bank credits and pay a civil 

penalty of $125,000 (with half paid to 

the United States and the other half paid 

to the State). 

The publication of this notice opens 

a period for public comment on the 

consent decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States of America et al. v. LPG 

Land & Development Corporation, D.J. 

Ref. Nos. 90–5–1–1–20587 & 90–5–1–1– 

20587/1. All comments must be 

submitted no later than thirty (30) days 

after the publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By e-mail ...... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, 

D.C. 20044–7611. 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

consent decree upon written request 

and payment of reproduction costs. 

Please mail your request and payment 

to: Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611 

Please enclose a check or money order 

for $108.50 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. For a paper copy 

without the appendices, the cost is 

$12.75. 

Susan Akers, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2021–16974 Filed 8–9–21; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1121–0336] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Revision of a 

Currently Approved Collection: Office 

for Victims of Crime Training and 

Technical Assistance Center— 

Trafficking Information Management 

System (TIMS) 

AGENCY: Office for Victims of Crime, 

Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Office of Justice Programs, Office 

for Victims of Crime, will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

October 12, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

especially on the estimated public 

burden or associated response time, 

suggestions, or need a copy of the 

proposed information collection 


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