Notice2021-11702
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
Primary source
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Published
June 3, 2021
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)</title>
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[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29806-29807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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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