Federal Register/Vol. 81, No. 227/Friday, November 25, 2016

Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85263

SUPPLEMENTARY INFORMATION: The Water Limited of Hyogo-ken, Japan and Fujitsu a party to the investigation. Only Resources Planning Act of 1965 and the Ten Corp. of America, Inc. of Novi, Fujitsu, Renesas, and the Honda Water Resources Development Act of Michigan (collectively, ‘‘Fujitsu Ten’’); respondents remain in the investigation. 1974 require an annual determination of Renesas Electronics Corporation of On July 12, 2016, the Commission a discount rate for Federal water Tokyo, Japan and Renesas Electronics authorized judicial enforcement of a resources planning. The discount rate America, Inc. of Santa Clara, California subpoena duces tecum and ad for Federal water resources planning for (collectively, ‘‘Renesas’’); and Honda testificandum issued by the ALJ to non- fiscal year 2017 is 2.875 percent. Motor Co., Ltd. of Tokyo, Japan; Honda party NXP Semiconductors USA, Inc. of Discounting is to be used to convert North America, Inc., American Honda Austin, Texas and authorized its Office future monetary values to present Motor Co., Inc., and Honda R&D of the General Counsel to seek judicial values. This rate has been computed in Americas, Inc., all of Torrance, enforcement of the subpoena. accordance with Section 80(a), Public California; Honda Engineering North Subsequently, on September 14, 2016, Law 93–251 (88 Stat. 34), and 18 CFR America, Inc. and Honda of America the complainant withdrew its request 704.39, which: (1) Specify that the rate Mfg., Inc., both of Marysville, Ohio; for judicial enforcement of the will be based upon the average yield Honda Manufacturing of Alabama, LLC subpoena. during the preceding fiscal year on of Lincoln, Alabama; and Honda On April 14, 2016, the Commission interest-bearing marketable securities of Manufacturing of Indiana, LLC of issued notice of its determination not to the United States which, at the time the Greensburg, Indiana (collectively, the review the ALJ’s ID (Order No. 16) computation is made, have terms of 15 ‘‘Honda respondents’’) based on patent terminating the investigation as to years or more remaining to maturity license agreements. The Commission claims 8–9 and 16–17 of the ’428 patent; (average yield is rounded to nearest one- has also determined to terminate the claim 11 of the ’439 patent; and claim eighth percent); and (2) provide that the investigation. 2 of the ’945 patent. On July 20, 2016, the Commission issued notice of its rate will not be raised or lowered more FOR FURTHER INFORMATION CONTACT: determination not to review the ALJ’s ID than one-quarter of 1 percent for any Clint Gerdine, Office of the General (Order No. 41) terminating the year. The U.S. Department of the Counsel, U.S. International Trade investigation as to: (1) Claims 7 and 14 Treasury calculated the specified Commission, 500 E Street SW., of the ’439 patent; (2) claim 6 of the ’935 average to be 2.3596 percent. This rate, Washington, DC 20436, telephone (202) patent; and (3) claim 21 of the ’945 rounded to the nearest one-eighth 708–2310. Copies of non-confidential patent as to all respondents; and (4) percent, is 2.375 percent, which is a documents filed in connection with this claims 8 and 16 of the ’439 patent only change of more than the allowable one- investigation are or will be available for as to Renesas. On August 9, 2016, the quarter of 1 percent. Therefore, the inspection during official business Commission issued notice of its fiscal year 2017 rate is 2.875 percent. hours (8:45 a.m. to 5:15 p.m.) in the The rate of 2.875 percent will be used determination not to review the ALJ’s ID Office of the Secretary, U.S. (Order No. 45) terminating the by all Federal agencies in the International Trade Commission, 500 E formulation and evaluation of water and investigation as to claims 25–29 of the Street SW., Washington, DC 20436, ’428 patent with respect to all related land resources plans for the telephone (202) 205–2000. General purpose of discounting future benefits respondents. information concerning the Commission On June 1, 2016, the Commission and computing costs or otherwise may also be obtained by accessing its issued notice of its determination not to converting benefits and costs to a Internet server at https://www.usitc.gov. review the ALJ’s ID (Order No. 33) common-time basis. The public record for this investigation terminating the investigation as to Dated: October 13, 2016. may be viewed on the Commission’s respondent NVIDIA Corporation of Roseann Gonzales, electronic docket (EDIS) at https:// Santa Clara, California based on a Director, Policy and Administration. edis.usitc.gov. Hearing-impaired settlement agreement. On August 18, persons are advised that information on [FR Doc. 2016–28339 Filed 11–23–16; 8:45 am] 2016, the Commission issued notice of this matter can be obtained by BILLING CODE 4332–90–P its determination not to review the ALJ’s contacting the Commission’s TDD ID (Order No. 49) terminating the terminal on (202) 205–1810. investigation as to respondent Texas SUPPLEMENTARY INFORMATION: INTERNATIONAL TRADE The Instruments Inc. of Dallas, Texas based COMMISSION Commission instituted this investigation on a settlement agreement. On October on February 3, 2016, based on a 13, 2016, the Commission issued notice [Investigation No. 337–TA–984] complaint filed by Advanced Silicon of its determination not to review the Technologies LLC of Portsmouth, New ALJ’s IDs (Order Nos. 53–55) Certain Computing or Graphics Hampshire. 81 FR 5782–84. The terminating the investigation as to the Systems, Components Thereof, and complaint alleged violations of section following respondents based on Vehicles Containing Same; Notice of 337 of the Tariff Act of 1930, as withdrawal of allegations in the Termination of the Investigation amended, 19 U.S.C. 1337, by reason of complaint as to these respondents: AGENCY: U.S. International Trade infringement of certain claims of U.S. Bayerische Motoren Werke AG of Commission. Patent Nos. 6,339,428 (‘‘the ’428 Munich, Germany; BMW of North ACTION: Notice. patent’’); 6,546,439 (‘‘the ’439 patent’’); America, LLC of Woodcliff Lake, New 6,630,935 (‘‘the ’935 patent’’); and Jersey; and BMW Manufacturing Co., SUMMARY: Notice is hereby given that 8,933,945 (‘‘the ’945 patent’’). The LLC of Greer, South Carolina; Harman the U.S. International Trade complaint further alleged that a International Industries Inc. of Commission has determined not to domestic industry exists. The Stamford, Connecticut; Harman Becker review the presiding administrative law Commission’s Notice of Investigation Automotive Systems, Inc. of Farmington judge’s (‘‘ALJ’’) initial determinations named several respondents including Hills, Michigan; and Harman Becker (‘‘IDs’’) (Order Nos. 57–59), terminating Fujitsu Ten, Renesas, and the Honda Automotive Systems GmbH of Karlsbad, the above-captioned investigation as to respondents. The Office of Unfair Germany; and Toyota Motor the remaining respondents Fujitsu Ten Import Investigations was also named as Corporation of Aichi-ken, Japan; Toyota

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Motor North America, Inc. of New York INTERNATIONAL TRADE (‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko City, New York; Toyota Motor Sales, COMMISSION Brands’’); Evermuch Technology Co., U.S.A., Inc. of Torrance, California; Ltd. and Ever Much Company Ltd. [Investigation No. 337–TA–929] Toyota Motor Engineering & (together, ‘‘Evermuch’’); and several Manufacturing North America, Inc. of Enforcement and Rescission additional respondents who were Erlanger, Kentucky; Toyota Motor Proceeding; Certain Beverage Brewing terminated by reason of consent order or Manufacturing, Indiana, Inc. of Capsules, Components Thereof, and settlement. 79 FR 53445. The Office of Princeton, Indiana; Toyota Motor Products Containing the Same; Notice Unfair Import Investigations (‘‘OUII’’) Manufacturing, Kentucky, Inc. of of Institution of Rescission Proceeding was also named as a party to the Georgetown, Kentucky; and Toyota investigation. Id. The Commission Motor Manufacturing, Mississippi, Inc. AGENCY: U.S. International Trade found Eko Brands and Evermuch in of Blue Springs, Mississippi. On Commission. default for failure to respond to the October 19, 2016, the Commission ACTION: Notice. complaint and notice of investigation. issued notice of its determination not to Notice (May 18, 2015). review the ALJ’s ID (Order No. 56) SUMMARY: Notice is hereby given that On March 17, 2016, the Commission terminating the investigation as to the U.S. International Trade found no violation of section 337 by Volkswagen AG of Wolfsburg, Germany; Commission has instituted a rescission Solofill and DongGuan because claims Volkswagen Group of America, Inc. and proceeding relating to the March 17, 5–7, 18, and 20 were invalid for a lack Audi of America, LLC, both of Herndon, 2016 limited exclusion order and cease of written description and claims 5 and Virginia; Volkswagen Group of America and desist order issued in the above- 6 were invalid as anticipated. 81 FR Chattanooga Operations, LLC of referenced investigation. 15742–43 (Mar. 24, 2016). The Chattanooga, Tennessee; and Audi AG FOR FURTHER INFORMATION CONTACT: Commission, however, presumed that of Ingolstadt, Germany based on a Robert J. Needham, Office of the General the allegations were true with respect to settlement agreement. Counsel, U.S. International Trade the remaining allegations against the On August 24, 2016, the complainant Commission, 500 E Street SW., defaulted parties Eko Brands and and Fujitsu Ten jointly moved to Washington, DC 20436, telephone (202) Evermuch, and thus concluded that they terminate the investigation as to Fujitsu 205–3438. Copies of non-confidential violated section 337 with respect to Ten based on a patent license documents filed in connection with this claims 8 and 19. Id. at 15743. The agreement. On August 25, 2016, the investigation are or will be available for Commission issued a limited exclusion order prohibiting Eko Brands and complainant and Renesas jointly moved inspection during official business Evermuch from importing certain to terminate the investigation as to hours (8:45 a.m. to 5:15 p.m.) in the beverage brewing capsules, components Renesas based on a patent license Office of the Secretary, U.S. thereof, and products containing the agreement. On the same date, the International Trade Commission, 500 E same that infringed claims 8 or 19 of the complainant and the Honda Street SW., Washington, DC 20436, ’320 patent. Id. The Commission also respondents jointly moved to terminate telephone (202) 205–2000. General issued cease and desist orders against the investigation as to the Honda information concerning the Commission Eko Brands and Evermuch prohibiting respondents based on a patent license may also be obtained by accessing its the sale and distribution within the agreement. OUII filed responses Internet server (https://www.usitc.gov). United States of articles that infringe The public record for this investigation supporting each motion and no other claims 8 or 19. Id. responses were received. may be viewed on the Commission’s On June 1, 2016, ARM filed a On October 24, 2016, the ALJ issued electronic docket (EDIS) at https:// complaint requesting that the the subject IDs (Order Nos. 57–59) edis.usitc.gov. Hearing-impaired Commission institute a formal granting the joint motions for persons are advised that information on enforcement proceeding under termination of the investigation as to this matter can be obtained by Commission Rule 210.75(b) to Fujitsu Ten, Renesas, and the Honda contacting the Commission’s TDD investigate violations of the March 17, respondents, and finding that the terminal on (202) 205–1810. 2016, limited exclusion order and cease motions satisfy Commission Rules SUPPLEMENTARY INFORMATION: The and desist order by Eko Brands and 210.21(a)(2), (b)(1) (19 CFR 210.21(a)(2), Commission instituted the original Espresso Supply, Inc. The Commission (b)(1)) and that each termination is in investigation on September 9, 2014, instituted a formal enforcement the public interest. No petitions for based on a complaint filed by Adrian proceeding on July 1, 2016. 81 FR review were filed. Rivera and Adrian Rivera Maynez 43242–43. The Commission has determined not Enterprises, Inc. (collectively, ‘‘ARM’’). On September 12, 2016, Eko Brands to review the subject IDs and has 79 FR 53445–46 (Sept. 9, 2016). The petitioned the Commission to rescind its terminated the investigation. complaint alleged violations of section limited exclusion order and cease and The authority for the Commission’s 337 of the Tariff Act of 1930, as desist orders, and to terminate the determination is contained in section amended, 19 U.S.C. 1337, in the enforcement proceeding. Eko Brands 337 of the Tariff Act of 1930, as importation into the United States, the contended that changed circumstances amended (19 U.S.C. 1337), and in part sale for importation, and the sale within warranted such relief. On September 22, 210 of the Commission’s Rules of the United States after importation of 2016, ARM opposed the petition. On Practice and Procedure (19 CFR part certain beverage brewing capsules, September 22, 2016, OUII filed a 210). components thereof, and products response supporting the institution of a containing the same, by reason of By order of the Commission. rescission proceeding but opposing the infringement of claims 5–8 and 18–20 of termination of the enforcement Issued: November 21, 2016. U.S. Patent No. 8,720,320 (‘‘the ’320 proceeding. Lisa R. Barton, patent’’). Id. The notice of institution of On September 30, 2016, Eko Brands Secretary to the Commission. the investigation named as respondents moved for leave to file a reply in [FR Doc. 2016–28358 Filed 11–23–16; 8:45 am] Solofill, LLC (‘‘Solofill’’); DongGuan Hai support of its petition. ARM opposed BILLING CODE 7020–02–P Rui Precision Mould Co., Ltd. the motion on October 6, 2016.

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