Notice2021-16976
Certain Gas Spring Nailer Products and Components Thereof; Notice of a Commission Determination To Adopt a Recommended Determination; Termination of the Modification Proceeding
Primary source
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Published
August 10, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined to adopt a recommended determination ("RD") of the presiding chief administrative law judge ("CALJ") finding that redesigned products of respondent Koki Holdings America Ltd. ("Koki") of Braselton, Georgia are not covered by the limited exclusion order ("LEO") and cease and desist order ("CDO") issued in the underlying investigation. The Commission has terminated the modification proceeding.
Full Text
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<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
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[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43677-43678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16976]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1082 (Modification)]
Certain Gas Spring Nailer Products and Components Thereof; Notice
of a Commission Determination To Adopt a Recommended Determination;
Termination of the Modification Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to adopt a recommended
determination (``RD'') of the presiding chief administrative law judge
(``CALJ'') finding that redesigned products of respondent Koki Holdings
America Ltd. (``Koki'') of Braselton, Georgia are not covered by the
limited exclusion order (``LEO'') and cease and desist order (``CDO'')
issued in the underlying investigation. The Commission has terminated
the modification proceeding.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
[[Page 43678]]
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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#d693929f85e59eb3baa696a3a5bfa2b5f8b1b9a0"><span class="__cf_email__" data-cfemail="0a4f4e435939426f667a4a7f79637e69246d657c">[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: The Commission instituted this investigation
on November 20, 2017, based on a complaint filed on behalf of Kyocera
Senco Brands, Inc. (now known as Kyocera Senco Industrial Tools, Inc.)
(``Kyocera'') of Cincinnati, Ohio. 82 FR 55118-19 (Nov. 20, 2017). The
complaint, as amended and supplemented, alleged violations of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 gas
spring nailer products and components thereof by reason of infringement
of, inter alia, claims 1, 10, and 16 of U.S. Patent Nos. 8,387,718
(``the '718 patent''). The complaint further alleged the existence of a
domestic industry. The Commission's notice of investigation named Koki
as a respondent. The Office of Unfair Import Investigations did not
participate in the investigation.
On March 5, 2020, the Commission issued its final determination
finding a violation of section 337 based on infringement of the
asserted claims of the '718 patent. 85 FR 14244-46 (Mar. 11, 2020). The
Commission issued an LEO directed against Koki's infringing products,
and a CDO directed against Koki. Id. On July 1, 2020, Koki filed an
appeal to the U.S. Court of Appeals for the Federal Circuit, which is
currently pending (Appeal No. 20-2050).
On June 30, 2020, U.S. Customs and Border Protection (``CBP'')
issued a ruling, pursuant to 19 CFR part 177, that the redesigned
products are outside of the scope of the LEO issued in the
investigation. See RX-1001 (CBP Ruling); CX-1017C (Ltr. Requesting CBP
Ruling). In response, on August 17, 2020, Kyocera petitioned for
institution of a modification proceeding, requesting the Commission to
determine if the redesigned products are outside of the scope of the
LEO and CDO. On August 27, 2020, Koki opposed the petition.
On September 16, 2020, the Commission instituted a modification
proceeding to determine whether the redesigned products are covered by
the LEO and CDO. See 85 FR 59543-44 (Sept. 22, 2020); Comm'n Order
(Sept. 16, 2020). On October 22, 2020, the Commission issued a revised
modification institution order that clarified that the presiding ALJ
would consider, in the first instance, any issues regarding potentially
impermissible arguments raised by Kyocera in the course of the
modification proceeding. See Revised Comm'n Order (Oct. 22, 2020).
On July 2, 2021, the CALJ issued the subject RD finding that Koki's
redesigned products are not covered by the LEO and CDO.
On July 16, 2021, Kyocera submitted comments on the RD. On July 22,
2021, Koki filed a response to Kyocera's comments.
Having reviewed the record and the parties' submissions, the
Commission has determined to adopt the RD's finding that the redesigned
products do not infringe claims 1, 10, and 16 of the '718 patent and
thus are not covered by the LEO and CDO. The Commission has issued a
contemporaneous order indicating that the redesigned products are
exempt from the scope of the LEO and CDO.
The modification proceeding is terminated.
The Commission vote for this determination took place on August 4,
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: August 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-16976 Filed 8-9-21; 8:45 am]
BILLING CODE 7020-02-P
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