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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices
Senco Brands Inc.1 (‘‘Kyocera’’ or
‘‘Requester’’) of Cincinnati, Ohio. 82 FR
55118–19 (Nov. 20, 2017). The
complaint, as amended and
supplemented, alleged violations 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 gas spring nailer products and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 8,387,718 (‘‘the ’718
patent’’); 8,011,547 (‘‘the ’547 patent’’);
8,267,296 (‘‘the ’296 patent’’); 8,27,297
(‘‘the ’297 patent’’); 8,286,722 (‘‘the ’722
patent’’); and 8,602,282 (‘‘the ’282
patent’’).2 The complaint further alleged
the existence of a domestic industry.
The Commission’s notice of
investigation named as a respondent
Hitachi Koki U.S.A., Ltd.3 (‘‘Koki’’) of
Braselton, Georgia. The Office of Unfair
Import Investigations did not participate
in the investigation. The ’547 patent was
terminated from the investigation and,
prior to the evidentiary hearing, the
parties stipulated that the ’718 patent is
the only patent at issue since no
violation could be shown as to the ’296,
’297, ’722, and ’282 patents. See Order
No. 28 (Oct. 24, 2018); see also Joint
Stipulation Regarding Order No. 28
(Oct. 26, 2018).
On March 5, 2020, the Commission
issued its final determination finding a
violation of section 337 based on
infringement, satisfaction of the
domestic industry requirement, and
non-invalidity with respect to the ’718
patent. 85 FR 14244–46 (Mar. 11, 2020).
The Commission issued a limited
exclusion order (‘‘LEO’’) directed
against Koki’s infringing products, and
a cease and desist order (‘‘CDO’’)
directed against Koki. Id. On July 1,
2020, Koki filed an appeal to the U.S.
Court of Appeals for the Federal Circuit
which is currently pending (Appeal No.
20–2050).
On June 30, 2020, U.S. Customs and
Border Protection issued a ruling,
pursuant to 19 CFR part 177, that a
redesign of Koki’s is outside of the
scope of the LEO issued in the
investigation. In response, on August
17, 2020, Kyocera petitioned for
institution of a modification proceeding,
requesting the Commission to determine
1 During the investigation, Kyocera Senco Brands
Inc. changed its name to Kyocera Senco Industrial
Tools, Inc. See Final Initial Determination at 3 n.3
(citing Kyocera’s Initial Post-Hearing Br. at 4 n.3).
2 The Commission terminated the ’547 patent
from the investigation in June 2018. See Order No.
13 (June 4, 2018), unreviewed by Comm’n Notice
(June 22, 2018).
3 During the investigation, Hitachi Koki U.S.A.,
Ltd. changed its name to Koki Holdings America
Ltd. See Hitachi’s Initial Post-Hearing Br. at 3.
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if the redesign is outside of the scope of
the LEO and CDO and to modify the
orders to specify the status of the
redesigns. On August 27, 2020, Koki
filed an opposition to the petition.
The Commission has determined that
Requester’s petition complies with the
requirements for institution of a
modification proceeding under
Commission Rule 210.76(a)(1) (19 CFR
210.76(a)(1)) to determine whether
Koki’s redesigned, accused products
infringe claims 1, 10, or 16 of the ’718
patent and whether the order should be
modified to specify that. Accordingly,
the Commission has determined to
institute a modification proceeding and
refer Requester’s petition to the Chief
Administrative Law Judge as detailed in
the accompanying Order. The assigned
ALJ will make findings, may request
briefing, and will issue a recommended
determination (‘‘RD’’) to the
Commission at the earliest practicable
time after the date of publication of this
notice in the Federal Register. The
Commission will issue a modification
opinion within 60 days of receipt of the
ALJ’s RD unless the Commission
otherwise orders. The following entities
are named as parties to the proceeding:
(1) Kyocera and (2) Koki.
The Commission vote for this
determination took place on September
16, 2020.
The authority for the Commission’s
determination is contained in sections
335 and 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1335, 1337), and
in Part 210 of the Commission’s Rules
of Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: September 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–20842 Filed 9–21–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Submission for OMB Review;
Comment Request; Notice of Request
for Extension of Previously Approved
Generic Clearance for the Collection of
Qualitative Feedback on Agency
Service Delivery
United States International
Trade Commission.
ACTION: 60-Day notice and request for
comments.
AGENCY:
This notice announces the
intention of the U.S. International Trade
Commission (Commission) to request a
three-year extension, under the
SUMMARY:
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Paperwork Reduction Act of 1995 (the
Act), of the current generic clearance for
the Collection of Qualitative Feedback
on Agency Service Delivery that the
Office of Management and Budget
(OMB) previously approved. This
collection was developed as part of a
Federal Government-wide effort to
streamline the process for seeking
feedback from the public on service
delivery. The current generic survey
clearance is assigned OMB Control No.
3117–0222; it will expire on November
30, 2020. The Commission requests
comments concerning the proposed
information collections under section
3506(c)(2)(A) of the Act; this notice
describes such comments in greater
detail in the SUPPLEMENTARY
INFORMATION section.
DATES: To assure that the Commission
will consider your comments, it must
receive them no later than 60 days after
publication of this notice in the Federal
Register.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street SW, Washington,
DC. All written comments should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW, Washington, DC 20436
and filed electronically on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of supporting
documents from Zachary Coughlin
([email protected] or 202–
205–3435). Hearing-impaired persons
can obtain information on this matter by
contacting the Commission’s TDD
terminal on 202–205–1810. You may
also obtain general information
concerning the Commission by
accessing its website (https://
www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Written Comments
You may submit comments, identified
by docket number MISC–034. All
submissions should be addressed to the
Secretary and must conform to the
provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8
and the Commission’s Handbook on
Filing Procedures require that interested
parties file documents electronically on
or before the filing deadline. Please note
the Secretary’s Office will accept only
electronic filings during this time.
Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. Persons with questions
regarding filing should contact the
Secretary at [email protected].
Request for Comments
The Commission solicits comments as
to: (1) Whether the proposed
information collection is necessary for
the proper performance of the
Commission’s functions, including
whether the information will have
practical utility; (2) the accuracy of the
Commission’s estimate of the burden of
the proposed information collection,
including the validity of the
methodology and assumptions used; (3)
the quality, utility, clarity, and design of
the information to be collected; and (4)
minimization of the burden of the
proposed information collection on
those who are to respond (including
through the use of appropriate
automated, electronic, mechanical, or
other technological forms of information
technology (e.g., permitting electronic
submission of responses)). To the extent
appropriate, please cite to specific
experiences that your firm has had with
other governmental surveys and data
collections.
Summary of the Proposed Information
Collections
(1) Need for the Proposed Information
Collections
The proposed information collection
activity provides a means to garner
qualitative customer and stakeholder
feedback in an efficient, timely manner.
This qualitative feedback provides
useful insights on perceptions and
opinions of customers and stakeholders.
The feedback helps the Commission
gain understanding into customer or
stakeholder experiences and
expectations and provides an early
warning of issues with service, or focus
attention on areas where
communication, training or changes in
operations might improve delivery of
products or services. These collections
allow for ongoing, collaborative and
actionable communications between the
Commission and its customers and
stakeholders and contribute directly to
the improvement of program
management.
(2) Description of the Information To Be
Collected
The solicitation of feedback will target
areas such as: Timeliness,
appropriateness, accuracy of
information, courtesy, efficiency of
service delivery, and resolution of
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issues with service delivery. Responses
will be assessed to plan and inform
efforts to improve or maintain the
quality of service offered to the public.
If this information is not collected, vital
feedback from customers and
stakeholders on the Agency’s services
will be unavailable. Feedback collected
under this generic clearance provides
useful information, but it does not yield
data that can be generalized to the
overall population. This type of generic
clearance for qualitative information
will not be used for quantitative
information collections that are
designed to yield reliably actionable
results, such as monitoring trends over
time or documenting program
performance. Such data uses require
more rigorous designs that address: The
target population to which
generalizations will be made, the
sampling frame, the sample design
(including stratification and clustering),
the precision requirements or power
calculations that justify the proposed
sample size, the expected response rate,
methods for assessing potential
nonresponse bias, the protocols for data
collection, and any testing procedures
that were or will be undertaken prior to
fielding the study. As a general matter,
information collections will not result
in any new system of records containing
privacy information and will not ask
questions of a sensitive nature.
The Agency will only submit a
collection for approval under this
generic clearance if it meets the
following conditions:
• The collections are voluntary;
• The collections are low-burden for
respondents (based on considerations of
total burden hours, total number of
respondents, or burden-hours per
respondent) and are low-cost for both
the respondents and the Federal
Government;
• The collections are
noncontroversial and do not raise issues
of concern to other Federal agencies;
• Any collection is targeted to the
solicitation of opinions from
respondents who have experience with
the program or may have experience
with the program in the near future;
• Personally identifiable information
(PII) is collected only to the extent
necessary and is not retained;
• Information gathered will be used
only internally for general service
improvement and program management
purposes and is not intended for release
outside of the agency;
• Information gathered will yield
qualitative information; the collections
will not be designed or expected to
yield statistically reliable results or used
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as though the results are generalizable to
the population of study.
(3) Estimated Burden of the Proposed
Information Collection
The Commission estimates that
information collections issued under the
requested generic clearance will impose
an average annual burden of 300 hours
on 600 respondents.
No record keeping burden is known to
result from the proposed collection of
information.
By order of the Commission.
Issued: September 17, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–20873 Filed 9–21–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1014 and 1016
(Third Review)]
Polyvinyl Alcohol From China and
Japan; Scheduling of Full Five-Year
Reviews
International Trade
Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of full reviews
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether revocation
of the antidumping duty orders on
polyvinyl alcohol from China and Japan
would be likely to lead to continuation
or recurrence of material injury within
a reasonably foreseeable time.
DATES: September 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Alejandro Orozco (202–205–3177),
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 may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On July 6, 2020, the
Commission determined that responses
to its notice of institution of the subject
SUMMARY:
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File Modified | 2020-09-22 |
File Created | 2020-09-22 |