[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29806-29807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11702]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1260]


Certain Toner Supply Containers and Components Thereof (II); 
Commission Determination Not To Review an Initial Determination 
Granting Complainants' Unopposed Motion To Amend the Complaint and 
Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 6) of the presiding administrative law judge 
(``ALJ'') granting complainants' unopposed motion to amend the 
complaint and notice of investigation in the above-captioned 
investigation to correct the identification of a respondent.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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 
<a href="/cdn-cgi/l/email-protection#b8fdfcf1eb8bf0ddd4c8f8cdcbd1ccdb96dfd7ce"><span class="__cf_email__" data-cfemail="3673727f65057e535a467643455f425518515940">[email protected]</span></a>. 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: On April 13, 2021, the Commission instituted 
this investigation 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, ``Canon''). 86 FR 19287-
88 (Apr. 13, 2021). The complaint, as supplemented, alleges violations 
of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), 
based on the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain toner supply containers and components thereof by reason of 
infringement of certain claims of thirteen patents: U.S. Patent Nos. 
10,209,667; 10,289,060; 10,289,061; 10,295,957; 10,488,814; 10,496,032; 
10,496,033; 10,514,654; 10,520,881; 10,520,882; 8,565,649 (``the '649 
patent''); 9,354,551 (``the '551 patent''); and 9,753,402 (``the '402 
patent''). Id. at 19287. The complaint further alleges that a domestic 
industry exists. Id. The Commission instituted two separate 
investigations and defined the scope of the present investigation as 
whether there is a violation of section 337 based on the allegations of 
infringement as to the asserted claims of the '649, '551, and '402 
patents as to the accused products identified in the notice of 
investigation. Id. The notice of investigation named eleven 
respondents: Sichuan XingDian Technology Co., Ltd. of Sichuan, China; 
Sichuan Wiztoner Technology Co., Ltd. of Sichuan, China; 
Anhuiyatengshangmaoyouxiangongsi of Ganyuqu, China; 
ChengDuXiangChangNanShiYouSheBeiYouXianGongSi of SiChuanSheng, China; 
Digital Marketing Corporation d/b/a Digital Buyer Marketing Company of 
Los Angeles, California; Do It Wiser, LLC d/b/a Image Toner (``Do It 
Wiser'') of Wilmington, Delaware; Hefeierlandianzishangwuyouxiangongsi 
of Chengdushi, China; Shenzhenshi Keluodeng Kejiyouxiangognsi of 
Guangdong, China; MITOCOLOR INC. of Rowland Heights, California; 
Xianshi yanliangqu canqiubaihuodianshanghang of Shanxisheng, China; and 
Zhuhai Henyun Image Co., Ltd. of Zhuhai, China. Id. The Office of 
Unfair Import Investigations is also named as a party. Id. at 19287-88. 
The question of whether there is a violation of section 337 based on 
the allegations of infringement as to the asserted claims of the 
remaining patents is the subject of the severed investigation based on 
the same complaint, Inv. No. 337-TA-1259. See 86 FR 19284-86 (Apr. 13, 
2021).
    On April 27, 2021, Canon filed a motion to amend the complaint and 
notice of investigation to change the identification of respondent Do 
It Wiser from ``Do It Wiser, LLC d/b/a Image Toner'' to ``Do It Wiser, 
Inc. d/b/a Image Toner'' and to make related changes in paragraph 31 of 
the complaint. The motion states that (i) OUII does not oppose the 
motion and (ii) Do It Wiser's counsel in a parallel district court 
lawsuit informed Canon that Do It Wiser ``will not be participating in 
this investigation and does not oppose this motion.'' Mot. at 1. No 
responses to the motion were filed.
    On May 17, 2021, the ALJ issued the subject ID granting the motion. 
The ID finds that, in accordance with Commission Rule 210.14(b) (19 CFR 
210.14(b)), ``Canon has shown good cause to amend the complaint and 
notice of investigation to correct the identification of the respondent 
identified in the original complaint as

[[Page 29807]]

Do It Wiser, LLC d/b/a Image Toner.'' ID at 2. No petitions for review 
of the subject ID were filed.
    The Commission has determined not to review the subject ID. The 
complaint and notice of investigation are amended to change the 
identification of respondent Do It Wiser from ``Do It Wiser, LLC d/b/a 
Image Toner'' to ``Do It Wiser, Inc. d/b/a Image Toner'' and to make 
related changes in paragraph 31 of the complaint.
    The Commission vote for this determination took place on May 27, 
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: May 28, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-11702 Filed 6-2-21; 8:45 am]
BILLING CODE 7020-02-P


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