51292 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 

(‘‘Excel’’), alleging a violation of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337 (‘‘section 

337’’), based upon the importation into 

the United States, or in the sale of 

certain hand dryers and housings for 

hand dryers by reason of trade dress 

infringement, the threat or effect of 

which is to destroy or substantially 

injure an industry in the United States. 

See 81 FR 50549–50 (Aug. 1, 2016). The 

notice of investigation identified twelve 

respondents: ACL Group (Intl.) Ltd. of 

Skelbrooke, United Kingdom (‘‘ACL’’); 

Alpine Industries Inc. of Irvington, New 

Jersey (‘‘Alpine’’); FactoryDirectSale of 

Ontario, California; Fujian Oryth 

Industrial Co., Ltd. (a/k/a Oryth) of 

Fujian, China (‘‘Oryth’’); Jinhua Kingwe 

Electrical Co. Ltd., (a/k/a Kingwe) of 

Jinhua City, China (‘‘Kingwe’’); Penson 

& Co. of Shanghai, China (‘‘Penson’’); 

Taizhou Dihour Electrical Appliances 

Co., Ltd., a/k/a Dihour of Wenling City, 

China (‘‘Dihour’’); TC Bunny Co., Ltd. of 

Shanghai, China (‘‘TC Bunny’’); 

Toolsempire of Ontario, California; US 

Air Hand Dryer of Sacramento, 

California (‘‘US Air’’); Sovereign 

Industrial (Jiaxing) Co. Ltd. d/b/a 

Vinovo of Jiaxing, China (‘‘Vinovo’’); 

and Zhejiang Aike Appliance Co., Ltd. 

of Zhejiang, China (‘‘Aike’’). See id. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) is also a party to this 

investigation. See id. 

The Commission terminated six 

respondents from the investigation 

based on consent order stipulations and 

the entry of consent orders. These 

terminated respondents are: Alpine, 

Order No. 11 (Sept. 8, 2016), not 

reviewed, Notice (Oct. 11, 2016); 

Kingwe, Order No. 12 (Sept. 8, 2016), 

not reviewed, Notice (Oct. 11, 2016); 

ACL, Order No. 15 (Sept. 28, 2016), not 

reviewed, Notice (Oct. 27, 2016); Aike, 

Order No. 16 (Oct. 4, 2016), not 

reviewed, Notice (Nov. 3, 2016); 

Toolsempire, Order No. 18 (Oct. 11, 

2016), not reviewed, Notice (Nov. 14, 

2016); and FactoryDirectSale (Order No. 

19 (Oct. 11, 2016), not reviewed, Notice 

(Nov. 14, 2016). 

The Commission found the six 

remaining respondents in default based 

on their failure to respond to the 

complaint and notice of investigation. 

These respondents (‘‘the Defaulted 

Respondents’’) are: Penson, Dihour, US 

Air, Oryth, TC Bunny, and Vinovo. 

Order No. 21 (Oct. 31, 2016), not 

reviewed, Notice (Nov. 28, 2016); Order 

No. 24 (Feb. 2, 2017), not reviewed, 

Notice (Feb. 22, 2017). 

On March 24, 2017, Excel filed a 

motion for summary determination on 

domestic industry and violation of 

section 337 by the Defaulting 

Respondents. Excel also requested a 

general exclusion order, cease and 

desist orders, and a bond rate of 100 

percent of entered value during the 

period of Presidential review. On April 

5, 2017, the OUII filed a response in 

support of Excel’s motion and requested 

remedy. On June 2, 2017, the ALJ issued 

the subject ID/RD (Order No. 27), 

granting the motion and recommending 

that the Commission issue a general 

exclusion order, issue cease and desist 

orders, and set a bond at 100 percent of 

entered value during the period of 

Presidential review. No petitions for 

review of the subject ID were filed. 

On July 14, 2017, the Commission 

determined ‘‘to review the ID’s analysis 

and finding with respect to the 

existence of a domestic industry.’’ 

Notice (July 14, 2017). The Commission 

also sought written submissions on two 

issues from the parties, and written 

submissions on remedy, the public 

interest, and bonding from the parties 

and the public. The Commission 

received a main submission from OUII 

on July 27, 2017, a main submission 

from Excel on July 28, 2017, and a reply 

submission from OUII on August 2, 

2017. No other submissions were 

received. 

Having examined the record of this 

investigation, the Commission has 

determined to affirm under modified 

reasoning the ALJ’s finding with respect 

to the existence of a domestic industry. 

Here, although this investigation 

concerns an alleged violation of section 

337(a)(1)(A)(i) based on trade dress 

infringement, the ALJ analyzed the 

existence of a domestic industry under 

section 337(a)(3), which applies to 

section 337(a)(1)(B)–(E). The 

Commission finds that the evidence 

credited by the ALJ is sufficient to 

satisfy the requirement of ‘‘an industry 

in the United States’’ under section 

337(a)(1)(A)(i). 

The Commission has determined that 

the appropriate form of relief in this 

investigation is: (a) A general exclusion 

order; and (b) cease and desist orders 

prohibiting US Air, Penson, and TC 

Bunny from importing, selling, offering 

for sale, marketing, advertising, 

distributing, offering for sale, 

transferring (except for exportation), or 

soliciting U.S. agents or distributors of 

imported hand dryers and housings for 

hand dryers that infringe the Excel 

Trade Dress. The Commission has 

further determined that the public 

interest factors enumerated in section 

337(d)(2) (19 U.S.C. 1337(d)(2)) and in 

section 337(g)(1) (19 U.S.C. 1337(g)(1)) 

do not preclude the issuance of the 

general exclusion order and cease and 

desist orders, respectively. Finally, the 

Commission has determined that the 

bond for importation during the period 

of Presidential review shall be in the 

amount of 100 percent of the entered 

value of the imported subject articles of 

the respondents. The investigation is 

terminated. 

Chairman Schmidtlein supports 

issuing all of the cease and desist orders 

requested by Excel, including against 

Vinovo. She has filed a dissenting 

opinion explaining her views. 

The Commission’s orders and opinion 

were delivered to the President and the 

United States Trade Representative on 

the day of their issuance. 

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: October 30, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–23938 Filed 11–2–17; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1080] 

Certain Wafer-Level Packaging 

Semiconductor Devices and Products 

Containing Same (Including Cellular 

Phones, Tablets, Laptops, and 

Notebooks) and Components Thereof; 

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 

September 28, 2017, under section 337 

of the Tariff Act of 1930, as amended, 

on behalf of Tessera Advanced 

Technologies, Inc. of San Jose, 

California. A supplement to the 

complaint was filed on October 13, 

2017. The complaint alleges violations 

of 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 wafer-level packaging 

semiconductor devices and products 

containing same (including cellular 

phones, tablets, laptops, and notebooks) 

and components thereof by reason of 

infringement of one or more claims of 

U.S. Patent No. 6,954,001 (‘‘the ’001 

patent’’) and U.S. Patent No. 6,784,557 


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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51293 

(‘‘the ’557 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, The Office of 

Secretary, Docket Services, 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 

October 30, 2017, 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 wafer-level 

packaging semiconductor devices and 

products containing same (including 

cellular phones, tablets, laptops, and 

notebooks) and components thereof by 

reason of infringement of one or more of 

claims 1–8 of the ’557 patent and claims 

1–18 of the ’001 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: Tessera 

Advanced Technologies, Inc., 3025 

Orchard Parkway, San Jose, CA 95134. 

(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: 

Samsung Electronics Co., Ltd., 129 

Samsung-ro, Maetan-3dong, Yeongtonggu, Suwon-si, Gyeonggi-do, Republic of 

Korea 443–742. 

Samsung Electronics America, Inc., 85 

Challenger Road, Ridgefield Park, NJ 

07660. 

Samsung Semiconductor, Inc., 3655 

N. 1st Street, San Jose, CA 95134. 

(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: October 31, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–24004 Filed 11–2–17; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–470F] 

Final Adjusted Aggregate Production 

Quotas for Schedule I and II Controlled 

Substances and Assessment of 

Annual Needs for the List I Chemicals 

Ephedrine, Pseudoephedrine, and 

Phenylpropanolamine for 2017 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice (DOJ). 

ACTION: Final order. 

SUMMARY: This final order establishes 

the final adjusted 2017 aggregate 

production quotas for controlled 

substances in schedules I and II of the 

Controlled Substances Act and the 

assessment of annual needs for the list 

I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine. 

DATES: This order is applicable 

November 3, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Lewis, Diversion Control 

Division, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, VA 22152, Telephone: (202) 

598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

Section 306 of the Controlled 

Substances Act (CSA) (21 U.S.C. 826) 

requires the Attorney General to 

establish aggregate production quotas 

for each basic class of controlled 

substances listed in schedules I and II 

and for the list I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine. The Attorney 

General has delegated this function to 

the Administrator of the Drug 

Enforcement Administration (DEA) 

pursuant to 28 CFR 0.100. 

Background 

The DEA published the 2017 

established aggregate production quotas 

for controlled substances in schedules I 

and II and for the assessment of annual 

needs for the list I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine in the Federal 

Register on October 5, 2016. 81 FR 

69079. This notice stated that the 


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