Notice2023-09163
Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II); Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Primary source
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Published
May 1, 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. 7) issued by the presiding Chief Administrative Law Judge ("CALJ") in the above-captioned investigation and terminating the investigation in its entirety based on the complainant's withdrawal of the complaint. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 83 (Monday, May 1, 2023)</title>
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[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Page 26592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09163]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1333]
Certain Automated Put Walls and Automated Storage and Retrieval
Systems, Associated Vehicles, Associated Control Software, and
Component Parts Thereof (II); Notice of Commission Determination Not To
Review an Initial Determination Terminating the Investigation Based on
Withdrawal of the Complaint; 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. 7) issued by the presiding Chief Administrative Law
Judge (``CALJ'') in the above-captioned investigation and terminating
the investigation in its entirety based on the complainant's withdrawal
of the complaint. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. 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#cf8a8b869cfc87aaa3bf8fbabca6bbace1a8a0b9"><span class="__cf_email__" data-cfemail="50151419036318353c201025233924337e373f26">[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: On October 18, 2022, the Commission
instituted this investigation based on a complaint, as amended, filed
on behalf of OPEX Corporation of Moorestown, New Jersey (``OPEX''). 87
FR 63089 (Oct. 18, 2022). The complaint alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
automated put walls and automated storage and retrieval systems,
associated vehicles, associated control software, and components parts
thereof by reason of infringement of certain claims of U.S. Patent Nos.
11,192,144 and 11,358,175. Id. The Commission's notice of investigation
names as respondents HC Robotics (a.k.a. Huicang Information Technology
Co., Ltd.) of Hangzhou City, China; and Invata, LLC (d/b/a Invata
Intralogistics) of Conshohocken, Pennsylvania. Id. The Office of Unfair
Import Investigations is not participating in this investigation. Id.
On March 20, 2023, OPEX filed an unopposed motion to terminate the
investigation based on its withdrawal of the complaint. On March 27,
2023, the CALJ denied the motion based on excessive redaction in the
motion's attached agreement. See Order No. 6 (Mar. 27, 2023). On March
28, 2023, OPEX filed a renewed unopposed motion to terminate the
investigation based on a withdrawal of the complaint and containing
fewer redactions.
On March 29, 2023, the CALJ issued the subject ID (Order No. 7)
pursuant to Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)),
granting the motion and terminating the investigation. The ID finds
that the motion complies with Commission Rule 210.21(a)(1) and that
there are no extraordinary circumstances that would prevent the
requested relief. No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. This
investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on April 26,
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: April 26, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-09163 Filed 4-28-23; 8:45 am]
BILLING CODE 7020-02-P
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