Federal Register/Vol. 85, No. 249/Tuesday, December 29, 2020/Notices
Total Page:16
File Type:pdf, Size:1020Kb
85660 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices violation of subsection (a)(1)(B) of Volkswagen Group of America, Inc., INTERNATIONAL TRADE section 337 in the importation into the 2200 Ferdinand Porsche Drive, COMMISSION United States, the sale for importation, Herndon, VA 20171 or the sale within the United States after Audi AG, Auto-Union-Stra+e 1, 85057 [Investigation No. 337–TA–1234] importation of certain products Ingolstadt, Germany identified in paragraph (2) by reason of Certain Radio Frequency Identification infringement of one or more of claims Audi of America, LLC, 2200 Ferdinand (‘‘RFID’’) Products, Components 21, 25–37, 39, and 41–47 of the ’828 Porsche Drive, Herndon, VA 20171 Thereof, and Products Containing the patent; and whether an industry in the (5) For the investigation so instituted, Same Institution of Investigation United States exists as required by the Chief Administrative Law Judge, subsection (a)(2) of section 337; AGENCY: U.S. International Trade (2) Pursuant to section 210.10(b)(1) of U.S. International Trade Commission, Commission. shall designate the presiding the Commission’s Rules of Practice and ACTION: Notice. Procedure, 19 CFR 210.10(b)(1), the Administrative Law Judge. plain language description of the The Office of Unfair Import SUMMARY: Notice is hereby given that a accused products or category of accused Investigations will not be named as a complaint was filed with the U.S. products, which defines the scope of the party to this investigation. International Trade Commission on investigation, is ‘‘automobile driving- Responses to the complaint and the November 13, 2020, under section 337 mode control systems, components notice of investigation must be of the Tariff Act of 1930, as amended, thereof, and automobiles containing submitted by the named respondents in on behalf of Amtech Systems LLC of those automobile driving-mode Albuquerque, New Mexico. systems’’; accordance with section 210.13 of the Commission’s Rules of Practice and Supplements to the complaint were (3) Notwithstanding any Commission filed on November 16, 2020 and Procedure, 19 CFR 210.13. Pursuant to Rules to the contrary, which are hereby December 9, 2020. The complaint, as 19 CFR 201.16(e) and 210.13(a), as waived, the respondents shall, and supplemented, alleges violations of complainants may, present evidence amended in 85 FR 15798 (March 19, section 337 based upon the importation and arguments concerning the ease or 2020), such responses will be into the United States, the sale for difficulty (in terms of, e.g., time, cost considered by the Commission if importation, and the sale within the and technological requirements), of received not later than 20 days after the United States after importation of removing, replacing, or altering the date of service by the complainants of certain radio frequency identification accused automobile driving-mode the complaint and the notice of (‘‘RFID’’) products, components thereof, control systems, and the presiding investigation. Extensions of time for and products containing the same by administrative law judge shall, as part of submitting responses to the complaint reason of infringement of certain claims any recommended determination issued and the notice of investigation will not of U.S. Patent No. 7,518,532 (‘‘the ’532 pursuant to Commission Rule be granted unless good cause therefor is Patent’’); U.S. Patent No. 7,772,977 (‘‘the 210.42(a)(1)(ii), make findings and issue shown. ’977 Patent’’); U.S. Patent No. 8,237,565 a recommendation concerning the Failure of a respondent to file a timely (‘‘the ’565 Patent’’); U.S. Patent No. impact of this issue on any remedy or 7,548,153 (‘‘the ’153 Patent’’); U.S. concerning the potential tailoring of any response to each allegation in the complaint and in this notice may be Patent No. 8,427,279 (‘‘the ’279 Patent’’); remedy based on this issue; and U.S. Patent No. 10,083,329 (‘‘the (4) For the purpose of the deemed to constitute a waiver of the ’329 Patent’’). The complaint further investigation so instituted, the following right to appear and contest the alleges that an industry in the United are hereby named as parties upon which allegations of the complaint and this States exists as required by the this notice of investigation shall be notice, and to authorize the applicable Federal Statute. The served: administrative law judge and the (a) The complainants are: complainant requests that the Commission, without further notice to Commission institute an investigation Jaguar Land Rover Limited, Abbey Road, the respondent, to find the facts to be as and, after the investigation, issue a Whitley, Coventry CV3 4LF, United alleged in the complaint and this notice limited exclusion order and cease and Kingdom and to enter an initial determination desist orders. Jaguar Land Rover North America, LLC, and a final determination containing ADDRESSES: The complaint, except for 100 Jaguar Land Rover Way, Mahwah, such findings, and may result in the NJ 07495 any confidential information contained issuance of an exclusion order or a cease (b) The respondents are the following therein, may be viewed on the and desist order or both directed against Commission’s electronic docket (EDIS) entities alleged to be in violation of the respondent. section 337, and are the parties upon at https://edis.usitc.gov. For help which the complaint is to be served: By order of the Commission. accessing EDIS, please email Dr. Ing. h.c. F. Porsche AG, d/b/a Issued: December 21, 2020. [email protected]. Hearing impaired Porsche AG, Porscheplatz 1, D–70435 Lisa Barton, individuals are advised that information on this matter can be obtained by Stuttgart, Germany Secretary to the Commission. Porsche Cars North America, Inc., One contacting the Commission’s TDD [FR Doc. 2020–28675 Filed 12–28–20; 8:45 am] Porsche Drive, Atlanta, GA 30354 terminal on (202) 205–1810. Persons Automobili Lamborghini S.p.A., Via BILLING CODE 7020–02–P with mobility impairments who will Modena 12, 40091 Sant’Agata need special assistance in gaining access Bolognese (BO), Italy to the Commission should contact the Automobili Lamborghini America, LLC, Office of the Secretary at (202) 205– 2200 Ferdinand Porsche Drive, 2000. General information concerning Herndon, VA 20171 the Commission may also be obtained Volkswagen AG, Berliner Ring 2, 38440 by accessing its internet server at Wolfsburg, Germany https://www.usitc.gov. VerDate Sep<11>2014 00:55 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1 KHAMMOND on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 85661 FOR FURTHER INFORMATION CONTACT: section 337, and are the parties upon such findings, and may result in the Pathenia M. Proctor, The Office of which the complaint is to be served: issuance of an exclusion order or a cease Unfair Import Investigations, U.S. Kapsch TrafficCom AG, AM Europlatz and desist order or both directed against International Trade Commission, 2, 1120, Vienna, Austria the respondent. telephone (202) 205–2560. Kapsch TrafficCom B.V., Verlengde By order of the Commission. SUPPLEMENTARY INFORMATION: Poolseweg 14, Breda Noord-Brabant, Issued: December 21, 2020. Authority: The authority for 4818CL, Netherlands Lisa Barton, institution of this investigation is Kapsch TrafficCom Canada, Inc., 6020 Secretary to the Commission. contained in section 337 of the Tariff Ambler Drive, Mississauga, ON L4W Act of 1930, as amended, 19 U.S.C. 2P1, Canada [FR Doc. 2020–28651 Filed 12–28–20; 8:45 am] 1337, and in section 210.10 of the Kapsch TrafficCom Holding Corp., 8201 BILLING CODE 7020–02–P Commission’s Rules of Practice and Greensboro Drive, Suite 1002, Procedure, 19 CFR 210.10 (2020). McLean, VA 22102 INTERNATIONAL TRADE Scope of Investigation: Having Kapsch TrafficCom Holding II US Corp., COMMISSION considered the complaint, the U.S. 8201 Greensboro Drive, Suite 1002, International Trade Commission, on McLean, VA 22102 [Investigation No. 337–TA–1236] December 21, 2020, ordered that— Kapsch TrafficCom IVHS, Inc., 8201 (1) Pursuant to subsection (b) of Greensboro Drive, Suite 1002, Certain Polycrystalline Diamond section 337 of the Tariff Act of 1930, as McLean, VA 22102 Compacts and Articles Containing amended, an investigation be instituted Kapsch TrafficCom USA, Inc., 8201 Same; Institution of Investigation to determine whether there is a Greensboro Drive, Suite 1002, violation of subsection (a)(1)(B) of AGENCY: U.S. International Trade McLean, VA 22102 Commission. section 337 in the importation into the Kapsch TrafficCom Inc., 8201 ACTION: Notice. United States, the sale for importation, Greensboro Drive, Suite 1002, or the sale within the United States after McLean, VA 22102 SUMMARY: Notice is hereby given that a importation of certain products Kapsch TrafficCom Services USA, Inc., complaint was filed with the U.S. identified in paragraph (2) by reason of 8201 Greensboro Drive, Suite 1002, International Trade Commission on infringement of one or more of claims McLean, VA 22102 November 23, 2020, under section 337 1–12 of the ’532 Patent; claims 1–3 of of the Tariff Act of 1930, as amended, the ’977 Patent; claims 1–7 of the ’565 (c) The Office of Unfair Import on behalf of US Synthetic Corporation Patent; claim 25 of the ’153 Patent; Investigations, U.S. International Trade of Orem, Utah. A supplement was filed claims 1, 3–5, 13–14, and 17–30 of the Commission, 500 E Street SW, Suite ’279 Patent; and claims 1–5, 7, 9–15, 17, 401, Washington, DC 20436; and on December 11, 2020. The complaint and 19 of the ’329 Patent; and whether (5) For the investigation so instituted, alleges violations of section 337 based an industry in the United States exists the Chief Administrative Law Judge, upon the importation into the United as required by subsection (a)(2) of U.S.