51872 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices 

Electronic Document Information 

System (EDIS) where the full written 

submission can be found. 

By order of the Commission. 

Issued: November 2, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–24261 Filed 11–7–17; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1081] 

Certain LED Lighting Devices, LED 

Power Supplies, 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 21, 2017, under section 337 

of the Tariff Act of 1930, as amended, 

on behalf of Philips Lighting North 

America Corp. of Somerset, New Jersey 

and Philips Lighting Holding B.V. of the 

Netherlands. Supplements to the 

complaint were filed on October 6 and 

30, 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 LED lighting devices, LED power 

supplies, and components thereof by 

reason of infringement of certain claims 

of U.S. Patent No. 6,586,890 (‘‘the ’890 

patent’’); U.S. Patent No. 7,038,399 (‘‘the 

’399 patent’’); U.S. Patent No. 7,256,554 

(‘‘the ’554 patent’’); U.S. Patent No. 

7,262,559 (‘‘the ’559 patent’’); and U.S. 

Patent No. 8,070,328 (‘‘the ’328 patent’’). 

The complaint further alleges that an 

industry in the United States exists as 

required by the applicable Federal 

Statute. 

The complainants request 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: The 

Office of 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 

November 2, 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 LED lighting 

devices, LED power supplies, and 

components thereof by reason of 

infringement of one or more of claims 

14, 22, and 30 of the ’890 patent; claims 

1, 2, 4, 5, 7, 8, 17–19, 34, 35, 47, 48, and 

58–60 of the ’399 patent; claims 1, 2, 5– 

7, 12, 46, 47, and 49–51 of the ’554 

patent; claims 6 and 12 of the ’559 

patent; and claims 1, 2, 4, 7, and 9 of 

the ’328 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: 

Philips Lighting North America Corp., 

200 Franklin Square Drive, Somerset, 

NJ 08873. 

Philips Lighting Holding B.V., High 

Tech Campus 45, Eindhoven, 5656 

AE, Netherlands. 

(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: 

Feit Electric Company, Inc., 4901 Gregg 

Road, Pico Rivera, CA 90660. 

Edgewell Personal Care Brands, LLC, 6 

Research Drive, Shelton, CT 06484. 

Feit Electric Company, Inc. (China), 

Zone B, 2/F, Xinyu Building, No. 17 

Huoju East Road, Huli District 

Xiamen, China. 

Lowe’s Companies, Inc., 1000 Lowe’s 

Boulevard, Mooresville, NC 28117. 

L G Sourcing, Inc., 1605 Curtis Bridge 

Road, North Wilkesboro, NC 28659. 

MSi Lighting, Inc., 622 Banyan Trail 

Suite 200, Boca Raton, FL 33431. 

Satco Products, Inc., 110 Heartland 

Boulevard, Brentwood, NY 11717. 

Topaz Lighting Corp., 925 Waverly 

Avenue, Holtsville, NY 11742. 

Wangs Alliance Corporation d/b/a 

WAC, Lighting Co., 44 Harbor Park 

Drive, Port Washington, NY 11050. 

WAC Lighting (Shanghai) Co. Ltd., 

No. 14, Lane 299, Bi Sheng Road, 

Zhang Jiang, Pu Dong District, 

Shanghai, China 201204. 

(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 the 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. 


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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices 51873 

Issued: November 3, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–24323 Filed 11–7–17; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–471F] 

Established 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 2018 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: This final order establishes 

the initial 2018 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. 

APPLICABLE DATE: Applicable November 

8, 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 

substance 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 DEA pursuant 

to 28 CFR 0.100. 

Background 

The 2018 aggregate production quotas 

and assessment of annual needs 

represent those quantities of schedule I 

and II controlled substances and the list 

I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine that may be 

manufactured in the United States in 

2018 to provide for the estimated 

medical, scientific, research, industrial 

needs of the United States, lawful 

export requirements, and the 

establishment and maintenance of 

reserve stocks. These quotas include 

imports of ephedrine, pseudoephedrine, 

and phenylpropanolamine, but do not 

include imports of controlled 

substances for use in industrial 

processes. 

On August 7, 2017, a notice titled 

‘‘Proposed 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 2018’’ was 

published in the Federal Register. 82 FR 

36830. This notice proposed the 2018 

aggregate production quotas for each 

basic class of controlled substance listed 

in schedules I and II and the 2018 

assessment of annual needs for the list 

I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine. All interested 

persons were invited to comment on or 

object to the proposed aggregate 

production quotas and the proposed 

assessment of annual needs on or before 

September 6, 2017. 

Comments Received 

Within the public comment period, 

the DEA received seventeen comments 

from three DEA-registered 

manufacturers regarding sixteen 

different schedule I and II controlled 

substances and one comment from a 

DEA-registered manufacturer regarding 

the proposed assessment of annual 

needs for the list I chemical 

phenylpropanolamine (for conversion). 

Commenters stated the proposed 

aggregate production quotas for 4- 

anilino-n-phenethyl-4-piperadine 

(ANPP), amphetamine (for conversion), 

codeine (for sale), diphenoxylate, 

fentanyl, gamma hydroxybutyric acid, 

hydrocodone (for sale), 

lisdexamfetamine, methadone, 

methadone-intermediate, 

methylphenidate, morphine (for 

conversion), morphine (for sale), 

oxycodone (for sale), oxymorphone (for 

sale), sufentanil, as well as the proposed 

assessment of annual needs for 

phenylpropanolamine (for conversion), 

were insufficient to provide for the 

estimated medical, scientific, research, 

and industrial needs of the United 

States, export requirements, and the 

establishment and maintenance of 

reserve stocks. These comments were 

considered in setting the final 2018 

Aggregate Production Quotas as 

discussed below. 

In addition to these seventeen 

comments, the DEA received one 

comment from a DEA-registered 

manufacturer seeking clarification on 

whether DEA considers manufacturing 

at outsourcing facilities when 

determining the Aggregate Production 

Quotas. The DEA notes that it is the 

responsibility of all DEA-registered 

dosage form manufacturers to submit 

quota applications by April 1, in order 

for their individual business practices to 

be considered when the DEA proposes 

the Aggregate Production Quota for the 

following year. 21 CFR 1303.12(b). 

These quota applications and comments 

with discrete data regarding the 

quantities of the basic classes of 

schedule I or II controlled substances 

received during the comment period for 

the proposed Aggregate Production 

Quotas are taken into consideration 

before establishing the values presented 

in this Final Order. This DEA-registered 

manufacturer provided no quantitative 

data supporting the position that the 

proposed quota for 2018 will adversely 

impact outsourcing facilities for DEA to 

consider. The DEA also received one 

hundred five comments that expressed 

concern that DEA’s proposed reduction 

of opioids by twenty percent would 

adversely impact the availability of pain 

relieving prescription drugs for people 

with chronic pain. These comments 

were general in nature, and raised issues 

of specific medical illnesses and 

medical treatment, and therefore are 

outside of the scope of this Final Order 

for 2018. As a result, these one hundred 

and six comments did not provide new 

discrete data for consideration, and do 

not impact the original analysis 

involved in establishing the 2018 

aggregate production quotas. 

Determination of 2018 Aggregate 

Production Quotas and Assessment of 

Annual Needs 

In determining the 2018 aggregate 

production quotas and assessment of 

annual needs, the DEA has taken into 

consideration the above comments 

along with the factors set forth in 21 

CFR 1303.11 and 21 CFR 1315.11, in 

accordance with 21 U.S.C. 826(a), and 

other relevant factors, including the 

2017 manufacturing quotas, current 

2017 sales and inventories, anticipated 

2018 export requirements, industrial 

use, additional applications for 2018 

quotas, as well as information on 

research and product development 

requirements. Based on all of the above, 

the Administrator is adjusting the 2018 

aggregate production quotas for 2-(4- 

bromo-2,5-dimethoxyphenyl)-n-(2- 

methoxybenzyl) ethanamine, 3,4,5- 

trimethoxy amphetamine, 4-bromo-2,5- 

dimethoxy-amphetamine, acryl 

fentanyl, alfentanil, amobarbital, 

methylphenidate, and nabilone, are 

warranted. Adjustment to the proposed 

assessment of annual needs for 


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