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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices
General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202
7082310. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commissions electronic docket EDIS
at https edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https www.usitc.gov.
Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commissions TDD terminal, telephone 202 2051810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 20, 2017, based on a complaint filed on behalf of Kyocera Senco Brands, Inc. now known as Kyocera Senco Industrial Tools, Inc.
Kyocera of Cincinnati, Ohio. 82 FR
5511819 Nov. 20, 2017. The complaint, as amended and supplemented, alleged violations of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 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, inter alia, claims 1, 10, and 16 of U.S. Patent Nos.
8,387,718 the 718 patent. The complaint further alleged the existence of a domestic industry. The Commissions notice of investigation named Koki as a respondent. The Office of Unfair Import Investigations did not participate in the investigation.
On March 5, 2020, the Commission issued its final determination finding a violation of section 337 based on infringement of the asserted claims of the 718 patent. 85 FR 1424446 Mar.
11, 2020. The Commission issued an LEO directed against Kokis infringing products, and a 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. 202050.
On June 30, 2020, U.S. Customs and Border Protection CBP issued a ruling, pursuant to 19 CFR part 177, that the redesigned products are outside of the scope of the LEO issued in the investigation. See RX1001 CBP
Ruling; CX1017C Ltr. Requesting CBP
Ruling. In response, on August 17, 2020, Kyocera petitioned for institution of a modification proceeding, requesting the Commission to determine if the redesigned products are outside of the
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scope of the LEO and CDO. On August 27, 2020, Koki opposed the petition.
On September 16, 2020, the Commission instituted a modification proceeding to determine whether the redesigned products are covered by the LEO and CDO. See 85 FR 5954344
Sept. 22, 2020; Commn Order Sept.
16, 2020. On October 22, 2020, the Commission issued a revised modification institution order that clarified that the presiding ALJ would consider, in the first instance, any issues regarding potentially impermissible arguments raised by Kyocera in the course of the modification proceeding.
See Revised Commn Order Oct. 22, 2020.
On July 2, 2021, the CALJ issued the subject RD finding that Kokis redesigned products are not covered by the LEO and CDO.
On July 16, 2021, Kyocera submitted comments on the RD. On July 22, 2021, Koki filed a response to Kyoceras comments.
Having reviewed the record and the parties submissions, the Commission has determined to adopt the RDs finding that the redesigned products do not infringe claims 1, 10, and 16 of the 718 patent and thus are not covered by the LEO and CDO. The Commission has issued a contemporaneous order indicating that the redesigned products are exempt from the scope of the LEO
and CDO.
The modification proceeding is terminated.
The Commission vote for this determination took place on August 4, 2021.
The authority for the Commissions 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 Commissions Rules of Practice and Procedure, 19 CFR part 210.
By order of the Commission.
Issued: August 4, 2021.
Lisa Barton, Secretary to the Commission.
FR Doc. 202116976 Filed 8921; 8:45 am BILLING CODE 702002P

INTERNATIONAL TRADE
COMMISSION
Investigation No. 337TA1274

Certain Optical Enclosures, Components Thereof, and Products Containing the Same; Institution of Investigation U.S. International Trade Commission.

AGENCY:

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ACTION:

Notice.

Notice is hereby given that a complaint was filed with the U.S.
International Trade Commission on July 2, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Criterion Technology, Inc. of Thomaston, Georgia. A supplement was filed on July 23, 2021. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain optical enclosures, components thereof, and products containing the same by reason of the misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commissions electronic docket EDIS
at https edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commissions TDD
terminal on 202 2051810. 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 at https www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S.
International Trade Commission, telephone 202 2052560.
SUPPLEMENTARY INFORMATION:
AUTHORITY: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the Commissions Rules of Practice and Procedure, 19 CFR 210.10 2020.
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on August 4, 2021, ORDERED THAT
1 Pursuant to subsection b of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection a1A of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph 2 by reason of misappropriation of trade SUMMARY:

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