Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Notices 26783 

SUPPLEMENTARY INFORMATION: Scope of 

Investigation: Having considered the 

complaint, the U.S. International Trade 

Commission, on April 29, 2022, 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, the sale for importation, 

or the sale within the United States after 

importation of certain products 

identified in paragraph (2) by reason of 

theft and conversion and 

misappropriation of trade 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 ‘‘botulinum toxin drug 

products’’; 

(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/are: Medytox 

Inc., 78, Gangni 1-gil, Ochang-eup, 

Cheongwon-gu, Cheongju-si, 

Chungcheongbuk-do, Republic of Korea. 

(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: 

Hugel, Inc., 7, Samseong-ro 133-gil, 

Gangnam-gu, Seoul, Republic of Korea; 

Hugel America, Inc., 9070 Irvine Center 

Drive, Suite 135, Irvine, California 

92618; Croma Pharma GmbH, 

Cromazeile 2, 2100 Leobendorf, Austria. 

(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. 

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 (2021). 

By order of the Commission. 

Issued: May 2, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–09633 Filed 5–4–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1259] 

Certain Toner Supply Containers and 

Components Thereof (I); Notice of 

Commission Determination To Review 

in Part an Initial Determination 

Granting Complainants’ Motion for 

Summary Determination of Violations 

of Section 337; Schedule for Filing 

Written Submissions on Remedy, 

Public Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part an initial determination (‘‘ID’’) 

issued by the presiding chief 

administrative law judge (‘‘ALJ’’) 

granting summary determination of 

violations of section 337. The 

Commission requests briefing from the 

parties, interested government agencies, 

and interested persons on the issues of 

remedy, the public interest, and 

bonding. 

FOR FURTHER INFORMATION CONTACT: 

Lynde Herzbach, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3228. 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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: On April 

13, 2021, the Commission instituted this 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by Canon Inc. of Tokyo, 

Japan; Canon U.S.A., Inc. of Melville, 

New York; and Canon Virginia, Inc. of 

Newport News, Virginia (collectively, 

‘‘Complainants’’). See 86 FR 19284–86. 

The complaint, as supplemented, 

alleges a violation of section 337 based 

upon the importation into the United 

States, sale for importation, or sale after 

importation into the United States of 

certain toner supply containers and 

components thereof by reason of 

infringement of certain claims of U.S. 

Patent Nos. 10,209,667 (‘‘the ’667 

patent’’); 10,289,060 (‘‘the ’060 patent’’); 

10,289,061 (‘‘the ’061 patent’’); 

10,295,957 (‘‘the ’957 patent’’); 

10,488,814 (‘‘the ’814 patent’’); 

10,496,032 (‘‘the ’032 patent’’); 

10,496,033 (‘‘the ’033 patent’’); 

10,514,654 (‘‘the ’654 patent’’); 

10,520,881 (‘‘the ’881 patent’’); 

10,520,882 (‘‘the ’882 patent’’); 

8,565,649; 9,354,551; and 9,753,402. Id. 

The complaint further alleges that a 

domestic industry exists. Id. 

The Commission instituted two 

separate investigations based on the 

complaint and defined the scope of the 

present investigation as whether there is 

a violation of section 337 in the 

importation, sale for importation, or sale 

within the United States after 

importation of toner supply containers 

and components thereof by reason of 

infringement of certain claims the ’667 

patent, the ’060 patent, the ’061 patent, 

the ’957 patent, the ’814 patent, the ’032 

patent, the ’033 patent, the ’654 patent, 

the ’881 patent, and the ’882 patent 

(collective, ‘‘the Asserted Patents’’). Id. 

The notice of investigation (‘‘NOI’’) 

names twenty-six respondents, 


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26784 Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Notices 

including twenty-two later found in 

default: (1) Sichuan XingDian 

Technology Co., Ltd. (‘‘Sichuan 

XingDian’’) of Sichuan, China; (2) 

Sichuan Wiztoner Technology Co., Ltd. 

(‘‘Sichuan Wiztoner’’) of Sichuan, 

China; (3) Copier Repair Specialists, Inc. 

(‘‘Copier Repair Specialists’’) of 

Lewisville, Texas; (4) Digital Marketing 

Corporation d/b/a Digital Buyer 

Marketing Company (‘‘Digital Buyer’’) of 

Los Angeles, California; (5) Ink 

Technologies Printer Supplies, LLC 

(‘‘Ink Tech’’) of Dayton, Ohio; (6) 

Kuhlmann Enterprises, Inc. d/b/a 

Precision Roller (‘‘Precision Roller’’) of 

Phoenix, Arizona; (7) NAR Cartridges of 

Burlingame, California; (8) Zhuhai 

Henyun Image Co., Ltd. (‘‘Zhuhai 

Henyun’’) of Zhuhai, China; (9) Zinyaw 

LLC d/b/a TonerPirate.com and Supply 

District (‘‘Zinyaw’’) of Houston, Texas; 

(10) Do It Wiser, Inc. d/b/a Image Toner 

(‘‘Do It Wiser’’) of Wilmington, 

Delaware; (11) MITOCOLOR INC. 

(‘‘MITOCOLOR’’) of Rowland Heights, 

California; (12) Anhuiyatengshang

maoyouxiangongsi (‘‘Yatengshang’’) of 

Ganyuqu, China; (13) 

ChengDuXiangChangNanShi

YouSheBeiYouXianGongSi 

(‘‘ChengDuXiang’’) of SiChuanSheng, 

China; (14) Hefeierlandianzishang

wuyouxiangongsi (‘‘Erlandianzishang’’) 

of Chengdushi, China; (15) Xianshi 

yanliangqu canqiubaihuodianshanghang 

(‘‘CJ-us’’) of Shanxisheng, China; (16) 

Ninestar Corporation of Guangdong, 

China; (17) Ninestar Image Tech Limited 

(‘‘Ninestar Image’’) of Guangdong, 

China; (18) Ninestar Technology 

Company, Ltd. (‘‘Ninestar Tech’’) of 

Chino, California (where Ninestar 

Corporation, Ninestar Image, and 

Ninestar Tech are collectively, 

‘‘Ninestar Respondents’’); (19) Static 

Control Components, Inc. (‘‘Static 

Control’’) of Sanford, North Carolina; 

(20) Easy Group, LLC (‘‘Easy Group’’) of 

Irwindale, California, LD Products, Inc. 

(‘‘LD Products’’) of Long Beach, 

California; and (22) The Supplies Guys, 

Inc. (‘‘Supplies Guys’’) of Lancaster, 

Pennsylvania; (collectively, ‘‘Defaulting 

Respondents’’). Id. The NOI also 

includes the following respondents who 

were previously terminated from the 

investigation: General Plastic Industrial 

Co. Ltd. (‘‘General Plastic’’) of Taichung, 

Taiwan; Katun Corporation (‘‘Katun’’) of 

Minneapolis, Minnesota; Sun Data 

Supply, Inc. (‘‘Sun Data Supply’’) of Los 

Angeles, California; and Shenzhenshi 

Keluodeng Kejiyouxiangognsi 

(‘‘KenoGen’’) of Guangdong, China. Id. 

The Office of Unfair Import 

Investigations (‘‘OUII’’) is also a party to 

the investigation. Id. 

The complaint and NOI were later 

amended to correct the name of 

originally-identified respondent, Do It 

Wiser, LLC d/b/a Image Toner, to Do It 

Wiser, Inc. d/b/a Image Toner. Order 

No. 5 (May 13, 2021), unreviewed by 86 

FR 29292–93 (June 1, 2021). 

Respondents Ninestar Respondents, 

Static Control, Easy Group, LD Products, 

and Supplies Guys were previously 

found in default. Order No. 7 (June 22, 

2021), unreviewed by Notice (July 6, 

2021). In addition, respondents Sichuan 

XingDian, Sichuan Wiztoner, Copier 

Repair Specialists, Digital Buyer, Ink 

Tech, Precision Roller, NAR Cartridges, 

Zhuhai Henyun, Zinyaw, Do It Wiser, 

MITOCOLOR, Yatengshang, 

ChengDuXiang, Erlandianzishang, and 

CJ-us were previously found in default. 

Order No. 18 (Sept. 28, 2021), 

unreviewed by Notice (Oct. 27, 2021). 

Respondents General Plastic, Katun, 

and Sun Data Supply were previously 

terminated from the investigation 

pursuant to consent order stipulations. 

Order No. 10 (July 1, 2021), unreviewed 

by Notice (July 19, 2021). Respondent 

KenoGen was previously terminated 

from the investigation based on partial 

withdrawal of the complaint. Order No. 

13, unreviewed by Notice (Aug. 25, 

2021). 

The investigation was previously 

terminated as to certain claims of the 

Asserted Patents. Order No. 11, 

unreviewed by Notice (Aug. 25, 2021). 

On October 1, 2021, Canon filed a 

motion seeking summary determination 

that the Defaulting Respondents have 

violated section 337 and requesting that 

the ALJ recommend that the 

Commission issue a general exclusion 

order (‘‘GEO’’) and cease and desist 

orders (‘‘CDOs’’) against certain 

respondents, and set a 100 percent bond 

for any importations of infringing goods 

during the period of Presidential review. 

On October 12, 2021, OUII filed a 

response supporting Canon’s motion 

and requested remedial relief. None of 

the Defaulting Respondents filed a 

response to Canon’s motion. 

On February 11, 2022, the ALJ issued 

the subject ID granting Canon’s motion 

and finding violations of section 337 by 

the Defaulting Respondents. 

Specifically, the ID finds that: (i) The 

Commission has subject matter, 

personal, and in rem jurisdiction in this 

investigation, ID at 26–27; (ii) Canon has 

standing to assert the Asserted Patents, 

id. at 27; (iii) Canon has satisfied the 

importation requirement as to all 

Defaulting Respondents, id. at 28–51; 

(iv) the accused products practice claim 

1 of the ’667 patent; claim 1 of the ’060 

patent; claim 1 of the ’061 patent; claim 

1 of the ’957 patent; claims 1 and 12 of 

the ’814 patent; claims 50, 58, and 61 of 

the ’032 patent; claims 1 and 13 of the 

’033 patent; claims 46 and 50 of the ’654 

patent; claims 1, 10, and 13 of the ’881 

patent; and claims 1 and 8 of the ’882 

patent, id. at 54–61; (v) Canon has 

satisfied the technical prong of the DI 

requirement with respect to the 

Asserted Patents, id. at 61–69; (vi) 

Canon has satisfied the economic prong 

of the DI requirement with respect to the 

Asserted Patents, id. at 69–81; and (vii) 

no claim of the Asserted Patents has 

been shown invalid, id. at 82. The ALJ 

recommended that the Commission: (i) 

Issue a GEO, (ii) issue CDOs against 

respondents Ninestar Tech, Static 

Control, Copier Repair Specialists, 

Digital Buyer, Do It Wiser, Easy Group, 

Ink Tech, Precision Roller, LD Products, 

NAR Cartridges, Supplies Guys, 

MITOCOLOR, Zinyaw, Ninestar 

Corporation, Ninestar Image, Sichuan 

XingDian, Sichuan Wiztoner, 

Yatengshang, ChengDuXiang, and 

Erlandianzishang, and (iii) set a 100 

percent bond for any importations of 

infringing products during the period of 

Presidential review. Id. at 84–102. 

No party petitioned for review of the 

ID. 

The Commission did not receive any 

submissions on the public interest from 

the parties pursuant to Commission 

Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). 

The Commission received one 

submission on the public interest from 

a member of the public in response to 

the Commission’s Federal Register 

notice. 87 FR 16230–31 (March 22, 

2022). 

Having reviewed the record in this 

investigation, including the subject ID, 

the Commission has determined to 

review the subject ID in part. 

Specifically, the Commission has 

determined to review the ID’s findings 

with respect to whether terminated 

respondent Sun Data Supply has 

satisfied the importation requirement. 

The Commission has also determined to 

review the ID’s analysis of the economic 

prong of the domestic industry 

requirement. The Commission has 

determined not to review the remainder 

of the ID. 

In connection with the final 

disposition of this investigation, the 

statute authorizes issuance of: (1) An 

exclusion order that could result in the 

exclusion of the subject articles from 

entry into the United States, and/or (2) 

cease and desist orders that could result 

in the respondents being required to 

cease and desist from engaging in unfair 

acts in the importation and sale of such 

articles. Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 


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Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Notices 26785 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see Certain Devices for 

Connecting Computers via Telephone 

Lines, Inv. No. 337–TA–360, USITC 

Pub. No. 2843, Comm’n Op. at 7–10 

(December 1994). 

The statute requires the Commission 

to consider the effects of any remedy 

upon the public interest. The public 

interest factors the Commission will 

consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on: (1) The public 

health and welfare; (2) competitive 

conditions in the U.S. economy; (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation; and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve, 

disapprove, or take no action on the 

Commission’s determination. See 

Presidential Memorandum of July 21, 

2005. 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties, 

interested government agencies, and any 

other interested parties are invited to 

file written submissions on the issues of 

remedy, the public interest, and 

bonding. Such submissions should 

include views on the recommended 

determination by the CALJ on remedy 

and bonding. 

In their initial written submissions, 

Canon and OUII are requested to submit 

proposed remedial orders for the 

Commission’s consideration. Canon is 

further requested to identify the dates 

the Asserted Patents expire, to provide 

the HTSUS subheadings under which 

the subject articles are imported, and to 

supply identification information for all 

known importers of the subject articles. 

Initial written submissions, including 

proposed remedial orders, must be filed 

no later than close of business on May 

13, 2022. Reply submissions must be 

filed no later than the close of business 

on May 20, 2022. No further 

submissions on any of these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 (Mar. 

19, 2020). Submissions should refer to 

the investigation number (Inv. No. 337– 

TA–1259) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

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 by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. Any non-party 

wishing to submit comments containing 

confidential information must serve 

those comments on the parties to the 

investigation pursuant to the applicable 

Administrative Protective Order. A 

redacted non-confidential version of the 

document must also be filed with the 

Commission and served on any parties 

to the investigation within two business 

days of any confidential filing. 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 on EDIS. 

The Commission vote for this 

determination took place on April 29, 

2022. 

While temporary remote operating 

procedures are in place in response to 

COVID–19, the Office of the Secretary is 

not able to serve parties that have not 

retained counsel or otherwise provided 

a point of contact for electronic service. 

Accordingly, pursuant to Commission 

Rules 201.16(a) and 210.7(a)(1) (19 CFR 

201.16(a), 210.7(a)(1)), the Commission 

orders that the complainant complete 

service for any party/parties without a 

method of electronic service noted on 

the attached Certificate of Service and 

shall file proof of service on the 

Electronic Document Information 

System (EDIS). 

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: April 29, 2022. 

Katherine Hiner, 

Acting Secretary to the Commission. 

[FR Doc. 2022–09601 Filed 5–4–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Electronic Devices and 

Semiconductor Devices with TimingAware Dummy Fill and Components 

Thereof 3617; the Commission is 

soliciting comments on any public 

interest issues raised by the complaint 

or complainant’s filing pursuant to the 

Commission’s Rules of Practice and 

Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 


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