AUTHENTICATED
`US. GOVERNMENT,
`INFORMATION,
`GPO,
`
`10379
`Federal Register/Vol. 88, No. 33/Friday, February 17, 2023 / Notices
`
`notice of scheduling, which will be
`published in the Federal Register as
`provided in § 207.21 of the
`Commission’s rules, upon notice from
`the U.S. Department of Commerce
`(‘“‘Commerce”’) of affirmative
`preliminary determinations in the
`investigations under §§ 703(b) or 733(b)
`of the Act,or, if the preliminary
`determinationsare negative, upon
`notice of affirmative final
`determinations in those investigations
`under §§ 705(a) or 735(a) of the Act.
`Parties that filed entries of appearance
`in the preliminary phase of the
`investigations need not enter a separate
`appearancefor the final phase of the
`investigations. Industrial users, and,if
`the merchandise underinvestigation is
`soldat theretail level, representative
`consumerorganizations havethe right
`to appear as parties in Commission
`antidumping and countervailing duty
`investigations. The Secretary will
`prepare a public service list containing
`the names and addressesofall persons,
`or their representatives, who are parties
`to the investigations.
`Background
`On December30, 2022, FNA Group,
`Inc., Pleasant Prairie, Wisconsin filed
`petitions with the Commission and
`Commerce,alleging that an industry in
`the United States is materially injured
`or threatened with material injury by
`reason of subsidized imports of gas
`powered pressure washers from China
`and LTFV imports of gas powered
`pressure washers from China and
`Vietnam. Accordingly, effective
`December30, 2022, the Commission
`instituted countervailing duty
`investigation No.701-TA-684 and
`antidumping duty investigation Nos.
`731—-TA-1597-1598(Preliminary).
`Notice of the institution of the
`Commission’s investigations and ofa
`public conferenceto be held in
`connection therewith was given by
`posting copies of the notice in the Office
`of the Secretary, U.S. International
`Trade Commission, Washington, DC,
`and by publishing the notice in the
`Federal Register of January 6, 2023 (88
`FR 1093). The Commission conducted
`its conference on January 20, 2023. All
`persons whorequested the opportunity
`were permitted to participate.
`The Commission made these
`determinations pursuantto §§ 703(a)
`and 733(a) of the Act (19 U.S.C.
`1671b(a) and 1673b(a)). It completed
`andfiled its determinations in these
`investigations on February 13, 2023.
`The views of the Commission are
`contained in USITC Publication 5409
`(February 2023), entitled Gas Powered
`Pressure Washers from China and
`
`Vietnam: Investigation Nos. 701-TA-
`684 and 731-TA-1597-1598
`(Preliminary).
`By order of the Commission.
`Issued: February 14, 2023.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2023-03437 Filed 2-16-23; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337-TA-1278]
`
`Certain Radio Frequency Transmission
`Devices and Components Thereof;
`Notice of Commission Decision To
`Review in Part and, on Review, To
`Affirm a FinalInitial Determination
`Finding No Violation of Section 337;
`Termination of Investigation
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY:Notice is hereby given that
`the U.S. International Trade
`Commission has determined to review
`in part a final initial determination
`(“FID”) of the presiding Chief
`Administrative Law Judge (“Chief ALJ’’)
`finding no violation of section 337 of
`the Tariff Act of 1930 (“section 337”),
`as amended,in this investigation. On
`review, the Commission affirms with
`modification the FID’s finding of no
`violation of section 337. The
`investigation is terminated.
`FOR FURTHER INFORMATION CONTACT:
`Houda Morad, Office of the General
`Counsel, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436,telephone (202)
`708-4716. Copies of non-confidential
`documentsfiled in connection with this
`investigation may be viewed on the
`Commission’s electronic docket (EDIS)
`at hitps://edis.usitc.gov. For help
`accessing EDIS, please email
`EDIS3Help@usitc.gov. General
`information concerning the Commission
`may also be obtained by accessingits
`internet server at hitps://www.usitc.gov.
`Hearing-impaired persons are advised
`that information on this matter can be
`obtained by contacting the
`Commission’s TDD terminal on (202)
`205-1810.
`SUPPLEMENTARYINFORMATION: On
`September 2, 2021, the Commission
`instituted this investigation under
`section 337 based on a complaintfiled
`by Zebra Technologies Corporation of
`Lincolnshire, Illinois (“Complainant”).
`See 86 FR 4934445 (Sept. 2, 2021). The
`complaint, as supplemented,alleges a
`
`violation of section 337 based upon the
`importation into the United States, the
`sale for importation, and the sale within
`the United States after importation of
`certain radio frequency transmission
`devices and componentsthereof by
`reason of infringementof claims 1, 3-8,
`10, 11, and 13-16 of U.S. Patent No.
`6,895,219 (‘the ’219 patent”) and claims
`17-19 of U.S. Patent No. 7,683,788 (‘‘the
`’788 patent’’) (collectively, the
`‘‘Asserted Patents’’). See id. The notice
`of investigation names OnAsset
`Intelligence, Inc. of Irving, Texas
`(“Respondent”) as the respondentin the
`investigation. See id. The Office of
`Unfair Import Investigations is not a
`party to the investigation. See id.
`On May 31, 2022, the Commission
`partially terminated the investigation as
`to claims 7, 8, and 16 of the ’219 patent
`based on the withdrawal of the
`allegations in the complaint as to those
`claims. See Order No. 20 (May 2, 2022),
`unreviewed by Comm’n Notice (May31,
`2022),
`On September16, 2022, the Chief AL]
`issued the FID finding noviolation of
`section 337. Specifically, the FID finds
`that Complainantfailed to establish
`infringementof the Asserted Patents by
`the Respondent. The FID also finds that
`claims 17 and 18 (but not claim 19) of
`the ’788 patent are invalid as
`anticipated by U.S. Patent No. 7,193,504
`(‘“Carrender I’’) (RX—132). The FID
`further finds that the domestic industry
`requirementis satisfied with respect to
`the ’788 patent. The FID does not reach
`invalidity and the domestic industry
`requirementas to the ’219 patent.
`The FID also includes a
`Recommended Determination (‘“RD”’)
`Tecommending, should the Commission
`find a violation of section 337, that the
`Commission issue: (1) a limited
`exclusion order against radio frequency
`transmission devices and components
`thereof that are imported into the
`United States, sold for importation, or
`sold within the United States after
`importation by or on behalf of the
`Respondent; and (2) a cease and desist
`order against the Respondent. The RD
`further recommendsthat the
`Commission set no bond during the
`periodof Presidential review.
`On. September 30, 2022, Complainant
`filed a petition for Commission review
`of the FID. Asto the ’788 patent,
`Complainant requests Commission
`review with respect to the FID’s findings
`concerning:(1) claim construction;(2)
`non-infringement; (3) invalidity of
`claims 17 and 18; and (4) contingently,
`the domestic industry findings as to one
`of Complainant’s domestic industry
`products. As to the ’219 patent,
`Complainant does not challenge the
`
`

`

`10380
`Federal Register/Vol. 88, No. 33/Friday, February 17, 2023/ Notices
`
`FID’s findings but requests vacatur of
`such findings in view of the impending
`expiration of that patent on January 27,
`2023.
`
`On October 11, 2022, Respondent
`filed a response to Complainant’s
`petition. The parties did notfile a
`statement on the public interest
`pursuant to Commission Rule 210.50
`(19 CFR 210.50). Nor has the
`Commission received any submission in
`response to its post-RD Federal Register
`notice. See 87 FR 65249-50 (Oct. 28,
`2022).
`Having examinedthe recordof this
`investigation, including the FID and the
`parties’ submissions, the Commission
`has determinedto review the FID in
`part, and upon review,to affirm the
`FID’s determination of no violation of
`section 337. Specifically, as explained
`in the Commission Opinion issued
`concurrently herewith, the Commission
`has determinedto review and, on
`review, to vacate the FID’s findings as
`to the ’219 patent in view of the
`expiration of that patent during the
`pendencyof the investigation. As to the
`’788 patent, the Commission has
`determined to review and, on review,to:
`(1) modify and supplement the FID’s
`claim construction findings with respect
`to the term “commonreference
`frequency”; (2) affirm with modification
`the FID’s non-infringementfindings;(3)
`affirm with modification the FID’s
`findings on the technical prong of the
`domestic industry requirement; (4) take
`no position as to the economic prong of
`the domestic industry requirement; and
`(5) reverse the FID’s invalidity findings
`over CarrenderI. The Commission
`adoptsall findings in the FID that are
`not inconsistent with the Commission’s
`determination.
`
`The investigation is terminated.
`The Commission’s vote for this
`determination took place on February
`13, 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 orderof the Commission.
`Issued: February 13, 2023.
`Lisa Barton,
`
`Secretary to the Commission.
`[FR Doc. 2023-03349 Filed 2-16-23; 8:45 am]
`BILLING CODE 7020-02-P
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation Nos. 731—TA—313-314, 317,
`and 379 (Fifth Review)]
`
`Brass Sheetand Strip From France,
`Germany,Italy and Japan; Scheduling
`of Expedited Five-Year Reviews
`AGENCY: United States International
`Trade Commission.
`ACTION: Notice.
`
`SUMMARY: The Commission hereby gives
`notice of the scheduling of expedited
`reviews pursuantto the Tariff Act of
`1930 (“the Act”) to determine whether
`revocation of the antidumping duty
`orders on brass sheet andstrip from
`France, Germany,Italy and Japan would
`be likely to lead to continuation or
`recurrence of material injury within a
`reasonably foreseeable time.
`DATES: December6, 2022.
`FOR FURTHER INFORMATION CONTACT:
`(Caitlyn Hendricks-Costello-(202) 205-
`2058), Office of Investigations, U.S.
`International Trade Commission, 500 E
`Street SW, Washington, DC 20436.
`Hearing-impaired persons can obtain
`information on this matter by contacting
`the Commission’s TDD terminal on 202-—
`205-1810. Persons with mobility
`impairments who will need special
`assistance in gaining access to the
`Commission should contact the Office
`of the Secretary at 202-205-2000.
`General information concerning the
`Commission mayalso be obtained by
`accessing its internet server (https://
`www.usitc.gov). The public record for
`this proceeding may be viewedon the
`Commission’s electronic docket (EDIS)
`at hitps://edis.usitc.gov.
`SUPPLEMENTARY INFORMATION:
`Background.—On December6, 2022,
`the Commission determined that the
`domestic interested party group
`responseto its notice of institution (87
`FR 53785, September 1, 2022) of the
`subject five-year reviews was adequate
`and that the respondent interested party
`group response wasinadequate. The
`Commission did not find any other
`circumstances that would warrant
`conducting full reviews. Accordingly,
`the Commission determinedthatit
`would conduct expedited reviews
`pursuantto section 751(c)(3) of the
`Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
`Forfurther information concerning
`the conduct of these reviews and rules
`of general application, consult the
`Commission’s Rules of Practice and
`
`1 A record of the Commissioners’ votes and any
`individual Commissioner's statements will be
`available from the Office of the Secretary andat the
`Commission’s website.
`
`Procedure, part 201, subparts A and B
`(19 CFR part 201), and part 207,
`subparts A, D, E, and F (19 CFR part
`207).
`Staffreport.—Astaff report
`containing information concerning the
`subject matter of the reviews has been
`placed in the nonpublic record, and will
`be made available to persons on the
`Administrative Protective Order service
`list for these reviews on February 22,
`2023. A public version will be issued
`thereafter, pursuant to § 207.62(d)(4) of
`the Commission’srules.
`Written submissions——Asprovided in
`§ 207.62(d) of the Commission’s rules,
`interested parties that are parties to the
`Teviewsand that have provided
`individually adequate responsesto the
`notice of institution,? and any party
`other than an interested party to the
`Teviews mayfile written comments with
`the Secretary on what determination the
`Commission should reach in the
`reviews. Commentsare due on or before
`March 2, 2023 and may not contain new
`factual information. Any personthatis
`neither a party to the five-year reviews
`nor an interested party may submit a
`brief written statement (which shall not
`contain any new factual information)
`pertinent to the reviews by March2,
`2023. If comments contain business
`proprietary information (BPI), they must
`conform with the requirements of
`§§ 201.6, 207.3, and 207.7 of the
`Commission’s rules. The Commission’s
`Handbook on Filing Procedures,
`available on the Commission’s website
`at https://www.usitc.gov/documents/
`handbook_on_filing_procedures.pdf,
`elaborates upon the Commission’s
`procedures with respectto filings.
`In accordance with §§ 201.16(c) and
`207.3 of the rules, each documentfiled
`by a party to the reviews must be served
`on all other parties to the reviews(as
`identified by either the public or BPI
`servicelist), and a certificate of service
`must be timely filed. The Secretary will
`not accept a documentforfiling without
`a certificate of service.
`Determination.—The Commission has
`determined these reviewsare
`extraordinarily complicated and
`therefore has determined to exerciseits
`authority to extend the review period by
`up to 90 days pursuantto 19 U.S.C.
`1675(c)(5)(B).
`Authority: These reviews are being
`conducted underauthority of title VII of
`the Tariff Act of 1930; this notice is
`
`2The Commission has found the responses
`submitted on behalf of Aurubis Buffalo, Inc., Heyco
`Metals, Inc., PMX Industries, Inc., and Wieland
`Holdings, Inc. to be individually adequate.
`Comments from otherinterested parties will not be
`accepted (see 19 CFR 207.62(d)(2)).
`
`