Notice2023-01105
Certain Core Orientation Systems, Products Containing Core Orientation Systems, Components Thereof, and Methods of Using the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Consent Order Stipulation; Issuance of a Consent Order; Termination of the Investigation
Primary source
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Published
January 23, 2023
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. 31) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation as to the remaining respondents based on a consent order stipulation. The Commission has entered a consent order against respondents Boart Longyear Group Ltd.; Boart Longyear Limited; Boart Longyear Company; Boart Longyear Manufacturing and Distribution Inc.; Longyear TM, Inc.; Globaltech Corporation Pty Ltd.; Globaltech Pty Ltd.; and International Directional Services LLC (collectively, "Remaining Respondents"). The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 88 Issue 14 (Monday, January 23, 2023)</title>
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[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Pages 4018-4019]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01105]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1309]
Certain Core Orientation Systems, Products Containing Core
Orientation Systems, Components Thereof, and Methods of Using the Same;
Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation Based on a Consent Order
Stipulation; Issuance of a Consent Order; Termination of the
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. 31) of the presiding administrative law judge
(``ALJ'') granting a joint motion to terminate the investigation as to
the remaining respondents based on a consent order stipulation. The
Commission has entered a consent order against respondents Boart
Longyear Group Ltd.; Boart Longyear Limited; Boart Longyear Company;
Boart Longyear Manufacturing and Distribution Inc.; Longyear TM, Inc.;
Globaltech Corporation Pty Ltd.; Globaltech Pty Ltd.; and International
Directional Services LLC (collectively, ``Remaining Respondents''). The
investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2392. 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#0a4f4e435939426f667a4a7f79637e69246d657c"><span class="__cf_email__" data-cfemail="5e1b1a170d6d163b322e1e2b2d372a3d70393128">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 5, 2022, based on a complaint filed on behalf of Australian
Mud Company Pty Ltd. of Australia and Reflex USA LLC of Chandler, AZ
(collectively, ``Complainants''). 87 FR 19704 (Apr. 5, 2022). The
complaint, as
[[Page 4019]]
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain core orientation systems, products
containing core orientation systems, components thereof, and methods of
using the same by reason of infringement of claims 16-18, 22, and 23 of
U.S. Patent No. 7,584,055. Id. The complaint further alleged that an
industry in the United States exists or is in the process of being
established. Id. The Commission's notice of investigation named as
respondents: Boart Longyear Group Ltd. of West Valley City, UT; Boart
Longyear Limited of Australia; Boart Longyear Company of West Valley
City, UT; Boart Longyear Manufacturing and Distribution Inc. of West
Valley City, UT; Longyear TM, Inc. of West Valley City, UT; Globaltech
Corporation Pty Ltd. of Australia; Globaltech Pty Ltd. of Australia;
Granite Construction Incorporated of Watsonville, CA; and International
Directional Services LLC of Chandler, AZ. The Office of Unfair Import
Investigations (``OUII'') is also named as a party in this
investigation. Id. at 19704-05.
On December 14, 2022, the Commission determined not to review an ID
(Order No. 28) granting a joint motion to terminate respondent Granite
Construction Incorporated from the investigation based on withdrawal of
the complaint.
On November 30, 2022, Complainants and the Remaining Respondents
jointly moved to terminate and stay the investigation based on a
consent order stipulation. The joint motion included a consent order
stipulation, a proposed consent order, and a settlement agreement. OUII
filed a response supporting the joint motion.
On December 19, 2022, the ALJ issued an ID (Order No. 31) granting
the joint motion to terminate the investigation with respect to the
Remaining Respondents based on the entry of a consent order. The ID
found that the consent order stipulation and proposed consent order
conform with Commission Rule 210.21(c)(3) and (4) (19 CFR 210.21(c)(3)
and (4)). The ID also found that termination of the investigation with
respect to the Remaining Respondents would not be contrary to the
public interest. No petitions for review were filed.
The Commission has determined not to review the subject ID and to
issue a consent order against respondents Boart Longyear Group Ltd.;
Boart Longyear Limited; Boart Longyear Company; Boart Longyear
Manufacturing and Distribution Inc.; Longyear TM, Inc.; Globaltech
Corporation Pty Ltd.; Globaltech Pty Ltd.; and International
Directional Services LLC. The investigation is terminated in its
entirety.
The Commission vote for this determination took place on January
17, 2023.
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: January 17, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-01105 Filed 1-20-23; 8:45 am]
BILLING CODE 7020-02-P
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