Notice2021-24600
Certain Radio Frequency Identification (“RFID”) Products, Components Thereof, and Products Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of Settlement; Termination of the Investigation
Primary source
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Published
November 10, 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. 23) terminating the investigation on the basis of settlement. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 86 Issue 215 (Wednesday, November 10, 2021)</title>
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[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Page 62567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24600]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1234]
Certain Radio Frequency Identification (``RFID'') Products,
Components Thereof, and Products Containing the Same; Notice of a
Commission Determination Not To Review an Initial Determination
Terminating the Investigation on the Basis of Settlement; Termination
of the Investigation
AGENCY: U.S. 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. 23) terminating the investigation on the basis of
settlement. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2737. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket information system
(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#d89d9c918beb90bdb4a898adabb1acbbf6bfb7ae"><span class="__cf_email__" data-cfemail="d792939e84e49fb2bba797a2a4bea3b4f9b0b8a1">[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 the present
investigation on December 29, 2020, based on a complaint and supplement
thereto filed by Amtech Systems LLC of Albuquerque, New Mexico
(``Complainant''). 85 FR 85660-61 (Dec. 29, 2020). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based upon the importation, sale for
importation, and sale in the United States after importation of certain
RFID products, components thereof, and products containing the same
that allegedly infringe certain claims of U.S. Patent No. 7,518,532;
U.S. Patent No. 7,772,977; U.S. Patent No. 8,237,565; U.S. Patent No.
7,548,153; U.S. Patent No. 8,427,279; and U.S. Patent No. 10,083,329.
Id. The complaint further alleged that an industry in the United States
exists, or is in the process of being established, as required by
section 337. Id. The notice of investigation named Kapsch TrafficCom AG
of Vienna, Austria; Kapsch TrafficCom B.V. of Breda Noord-Brabant,
Netherlands; Kapsch TrafficCom Canada, Inc. of Mississauga, Canada;
Kapsch TrafficCom Holding Corp. of McLean, Virginia; Kapsch TrafficCom
Holding II US Corp. of McLean, Virginia; Kapsch TrafficCom IVHS, Inc.
of McLean, Virginia; Kapsch TrafficCom USA, Inc. of McLean, Virginia;
Kapsch TrafficCom Inc. of McLean, Virginia; and Kapsch TrafficCom
Services USA, Inc of McLean, Virginia. Id. at 855661. The Office of
Unfair Import Investigations was also named as a party to this
investigation. Id.
On September 30, 2021, the private parties filed a joint unopposed
motion to terminate the investigation on the basis of settlement. The
parties represented that ``there are no other agreements, written or
oral, express or implied, between them concerning the subject matter of
this proceeding.'' Mot. at 1.
On October 19, 2021, the presiding administrative law judge issued
Order No. 23, granting the joint motion to terminate the investigation
on the basis of settlement. The ID found that the motion complies with
the requirements of Commission Rule 210.21 (19 CFR 210.21(a), (b)) and
that there is no evidence that indicates that termination would
adversely affect the public interest. No party filed a petition for
review of the ID.
The Commission has determined not to review this ID. Accordingly,
the investigation is terminated.
The Commission vote for this determination took place on November
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: November 5, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-24600 Filed 11-9-21; 8:45 am]
BILLING CODE 7020-02-P
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