published 30-day FRN

daltland on DSKBBV9HB2PROD with NOTICES

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native water plants located in areas
where the swale can be expanded to
help slow and filter stormwater runoff
before it reaches the Eastern Branch of
the Elizabeth River. Though stormwater
parks will be designed to maximize
storage, they can also be educational
and created in a way that serves as a
destination for Norfolk residents by
providing premier opportunities for
outdoor sports, play, and fitness for
citizens of all ages.
Alternatives to the Proposed Action:
Consistent with the Council on
Environmental Quality regulations (40
CFR 1502.14) implementing NEPA, the
EIS will examine a range of reasonable
alternatives to the proposed project that
are potentially feasible. As required by
NEPA, the alternatives will be evaluated
at the same level of detail as the
proposed project. As a result of the
scoping efforts to date, the alternatives
currently proposed for evaluation in the
EIS include:
(1) No Project/Action Alternative.
This required alternative would
evaluate the environmental impacts if
the proposed project were not
constructed and existing conditions
remain unchanged.
(2) Preferred Alternative. The
alternative attaining the most objectives
of the project that can be accomplished
while also substantially lessening
significant environmental effects.
(3) Two other alternatives (to be
identified) based on input received
during the scoping process and feasible
project alternatives that avoid or
minimize significant environmental
effects.
Probable Environmental Effects: The
following topics have been identified for
analysis in the EIS for probable
environmental effects: coastal zone
management, contamination and toxic
substances, floodplain management,
historic preservation, noise abatement
and control, wetlands protection,
environmental justice, hazards and
nuisances (site safety and noise),
vibration, and transportation and
accessibility.
Lead Agency: For purposes of
complying with NEPA and in
accordance with HUD regulations at 24
CFR part 58, the Commonwealth of
Virginia, acting through the Virginia
Department of Housing and Community
Development, is the Lead Agency and
Responsible Entity assuming
environmental responsibility for the
Ohio Creek Watershed Project.
Questions may be directed to the
individual named in this notice under
the heading FOR FURTHER INFORMATION
CONTACT.

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Dated: December 12, 2017.
Neal J. Rackleff,
Assistant Secretary.

Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
[FR Doc. 2017–27194 Filed 12–15–17; 8:45 am]
and continuing collections of
BILLING CODE 4210–67–P
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
DEPARTMENT OF THE INTERIOR
reporting burden. It also helps the
public understand our information
Office of Natural Resources Revenue
collection requirements and provide the
[Docket No. ONRR–2011–0008; DS63644000 requested data in the desired format.
DR2000000.CH7000 189D0102R2; OMB
We published a notice, with a 60-day
Control Number 1012–0006]
public comment period soliciting
comments on this collection of
Agency Information Collection
information, in the Federal Register on
Activities: Submission to the Office of
June 19, 2017 (82 FR 27868). We
Management and Budget for Review
received the following comments in
and Approval; Suspensions Pending
response to the notice: ‘‘We respectfully
Appeal and Bonding
offer the following scenario on this
AGENCY: Office of Natural Resources
process from start to finish: (1) Upon
Revenue, Interior.
demand letter from the ONRR,
ACTION: Notice of extension.
Fieldwood Energy responds with
correspondence requesting the ONRR
SUMMARY: To comply with the
accept Area-Wide Bonds currently filed
Paperwork Reduction Act of 1995
with the BOEM for our various entities,
(PRA), we, the Office of Natural
which incidentally total excess of $23
Resources Revenue (ONRR), are
million, to secure the nominal
proposing to renew an information
Administrative Appeals in lieu of
collection.
separate specific Appeal bonds. It
should be noted that none of the
DATES: Interested persons are invited to
monetary demands from ONRR have
submit comments on or before January
come close to exceeding $1 million; (2)
17, 2018 for the assurance of
In the event, the use of and Area-Wide
consideration.
bond is rejected by ONRR, Fieldwood
ADDRESSES: You may submit your
then must approach the commercial
written comments on this ICR to the
surety market to negotiate terms with
Office of Management and Budget’s
prospective sureties for the amount
Desk Officer for the Department of the
Interior by email to OIRA_Submission@ required by ONRR—this may entail the
production of recent financial
omb.eop.gov: or via facsimile to (202)
information as well as operational plans
395–5806. Please also mail a copy of
on Fieldwood leading up to several calls
your comments to Mr. Luis Aguilar,
and discussions with the surety. This
Regulatory Specialist, P.O. Box 25165,
may also require the establishment of
MS 64400, Denver, Colorado 80225–
new relationships with sureties who do
0165, or by email to luis.aguilar@
not know our company—all of which is
onrr.gov. Please reference ‘‘OMB Control
time consuming and not done overnight;
Number 1012–0006’’ in your comments.
and (3) Ultimately, Fieldwood obtains a
FOR FURTHER INFORMATION CONTACT: For
surety bond and files it with your office.
questions on technical issues, contact
So, it is quite customary for this process
Ms. Kimberly Werner, Office of
to take days and not several hours of our
Enforcement and Appeals (OEA),
staff’s time.
ONRR, at (303) 231–3801 or email to
‘‘The two burden hours for the
kimberly.werner@onrr.gov. For other
majority of the typical requests received
questions, contact Mr. Luis Aguilar, at
are adequate. On some occasions, we
(303) 231–3418, or email to
might have to have a little more internal
luis.aguilar@onrr.gov. You may also
dialogue or research if we do not have
contact Mr. Aguilar, at no cost, of (1) the all the information for the appeal
ICR, (2) any associated forms, and (3)
upfront. Generally, those requests fall in
the regulations that require us to collect the 2–4 hour burden. For the most part,
the information. You may view the ICR
however, 2 hours is generally the
at http://www.reginfo.gov/public/do/
amount of burden hours needed. There
PRAMain and select ‘‘Information
again, for clarification, this is the
Collection Review,’’ then select
internal burden time for our staff. It
‘‘Department of the Interior’’ in the
would take generally 48–72 hours for
drop-down box under ‘‘Currently Under our surety to turn around the request.
Review.’’
‘‘For WPX who has an existing surety
bond line, 2 hours are probably
SUPPLEMENTARY INFORMATION: In
sufficient labor hours. However, for
accordance with the Paperwork

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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
companies that do not have bond line or
have used up their capacity, the amount
of time spent securing the security bond
could take much longer.’’
Once again, we are soliciting
comments on this ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of
ONRR; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of the burden
accurate; (4) how might ONRR enhance
the quality, usefulness, and clarity of
the information collected; and (5) how
might ONRR minimize the burden of
this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
Personally Identifiable Information (PII),
such as your address, phone number,
email address, or other personal
identifying information, in your
comment(s), you should be aware that
your entire comment—including PII—
may be made available to the public at
any time. While you may ask us, in your
comment, to withhold your PII from
public view, we cannot guarantee that
we will be able to do so.
Abstract: The Secretary of the United
States Department of the Interior is
responsible for collecting royalties from
lessees who produce minerals from
leased Federal and Indian lands and the
Outer Continental Shelf (OCS). Under
various laws, the Secretary’s
responsibilities are to manage mineral
resources production from Federal and
Indian lands and the OCS, collect the
royalties and other mineral revenues
due, and distribute the funds collected.
The Secretary also has a trust
responsibility to manage Indian lands
and seek advice and input from Indian
beneficiaries. ONRR performs the
royalty management functions and
assists the Secretary in carrying out the
Department’s responsibility for Indian
lands. We have posted those laws
pertaining to mineral leases on Federal
and Indian lands and the OCS at http://
onrr.gov/Laws_R_D/PubLaws/
default.htm.

daltland on DSKBBV9HB2PROD with NOTICES

I. General Information
If ONRR determines that a lessee has
not properly reported or paid royalties
and other mineral revenues, we may
issue an order to pay additional
royalties, a Notice of Noncompliance, or
a Civil Penalty Notice requiring correct
reporting or payment. Lessees then have
a right to appeal ONRR determinations.

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Implementing regulations at 30 CFR
part 1243 govern the suspension of
orders or decisions and to stay the
accrual of civil penalties (if the Office of
Hearings and Appeals grants a lessee’s
petition to stay accrual of civil
penalties), pending administrative
appeal for Federal leases. These
regulations require an appellant to
submit information demonstrating
financial solvency in lieu of providing
a surety. For those appellants who are
not financially solvent or for appeals
involving Indian leases, ONRR requires
appellants to post a surety instrument to
secure the financial interest of the
public and Indian lessors during the
entire administrative or judicial appeal
process. This ICR covers the burden
hours that appellants incur when
submitting the financial statements or
surety instruments, subject to annual
audit, that are required to stay an ONRR
order, decision, or accrual of civil
penalties.
II. Information Collections
Title 30 CFR 1243.1 states that lessees
or recipients of ONRR orders may
suspend compliance with an order if
they appeal under 30 CFR part 1290.
Pending appeal, ONRR may suspend the
payment requirement if the appellant
submits a formal agreement of payment
in case of default such as a bond or
other surety; for Federal oil and gas
leases, the appellant may demonstrate
financial solvency. If the Office of
Hearings and Appeals grants a lessee’s,
or other recipient of a Notice of
Noncompliance or Civil Penalty Notice,
request to stay the accrual of civil
penalties under 30 CFR 1241.55(b)(2)
and 1241.63(b)(2), the lessee or other
recipient must post a bond or other
surety, or for Federal oil and gas leases,
demonstrate financial solvency.
ONRR accepts the following surety
types: form ONRR–4435, Administrative
Appeal Bond; form ONRR–4436, Letter
of Credit; form ONRR–4437, Assignment
of Certificate of Deposit; Self-bonding;
and U.S. Treasury Securities.
When an appellant selects and puts
one of the surety types in place, the
appellant must maintain the surety until
completion of the appeal. If the appeal
is decided in favor of the appellant,
ONRR returns the surety to the
appellant. If the appeal is decided in
favor of ONRR, then we will take action
to collect the total amount due or draw
down on the surety. We draw down on
a surety if the appellant fails to comply
with requirements relating to the
amount due, timeframe, or surety
submission or resubmission. Whenever
ONRR must draw down on a surety, we
must draw down the total amount due,

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which is defined as unpaid principal
plus the interest accrued to the
projected receipt date of the surety
payment. Appellants may refer to the
Surety Instrument Posting Instructions,
which are at http://www.onrr.gov/
compliance/appeals.htm.
Forms and Other Surety Types
Form ONRR–4435 [Administrative
Appeal Bond]
Appellants may file form ONRR–
4435, Administrative Appeal Bond,
which ONRR uses to secure the
financial interests of the public and
Indian lessors during the entire
administrative and judicial appeal
process. Under 30 CFR 1243.4,
appellants must submit their contact
and surety amount information on the
bond to obtain the benefit of suspension
of an obligation to comply with an
order. A surety company that the U.S.
Department of the Treasury approves
(see Department of the Treasury Circular
No. 570, as revised periodically in the
Federal Register) must issue the bond.
The ONRR Director or the ONRRdelegated bond-approving officer
maintains these bonds in a secure
facility. After the appeal has concluded,
ONRR may release and return the bond
to the appellant or collect payment on
the bond. If collection is necessary for
a remaining balance, ONRR will issue a
demand for payment to the surety
company with a notice to the appellant.
We also will include all interest accrued
on the affected bill.
Form ONRR–4436 [Letter of Credit]
Appellants may choose to file form
ONRR–4436, Letter of Credit (LOC),
with no modifications. Requirements at
30 CFR 1243.4 continues to apply. The
ONRR Director or the ONRR-delegated
bond-approving officer maintains the
LOC in a secure facility.
The appellant is responsible for
verifying that the bank provides a
current Fitch rating to ONRR. After the
appeal has been concluded, ONRR may
release and return the LOC to the
appellant or collect payment on the
LOC. If collection is necessary for a
remaining balance, we will issue a
demand for payment, which includes all
interest assessed on the affected bill, to
the bank with a notice to the appellant.
Form ONRR–4437 [Assignment of
Certificate of Deposit]
Appellants may choose to secure a
debt using a Certificate of Deposit (CD)
from a bank with the required minimum
Fitch rating and by submitting form
ONRR–4437, Assignment of Certificate
of Deposit. Appellants must file the

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request with ONRR prior to the invoice
due date. We will accept a book-entry
CD that explicitly assigns the CD to the
Director. If collection of the CD is
necessary for an unpaid balance, we
will return unused CD funds to the
appellant after total settlement of the
appealed issues including applicable
interest charges.
Self-Bonding
For Federal oil and gas leases,
regulations at 30 CFR 1243.201 provides
that no surety instrument is required
when a person representing the
appellant periodically demonstrates to
the satisfaction of ONRR, that the
guarantor or appellant is financially
solvent or otherwise able to pay the
obligation. Appellants must submit a
written request to ‘‘self-bond’’ every
time a new appeal is filed. To evaluate
the financial solvency and exemption
from requirements of appellants to
maintain a surety related to an appeal,
ONRR requires appellants to submit a
consolidated balance sheet subject to
annual audit. In some cases, we also
require copies of the most recent tax
returns (up to 3 years) that appellants
file.
In addition, appellants must annually
submit financial statements, subject to
audit, to support their net worth. ONRR
uses the consolidated balance sheet or
business information supplied to
evaluate the financial solvency of a
lessee, designee, or payor seeking a stay
of payment obligation pending review.
If appellants do not have a consolidated
balance sheet documenting their net

worth or if they do not meet the $300
million net worth requirement, ONRR
selects a business information or credit
reporting service to provide information
concerning an appellant’s financial
solvency. We charge the appellant a $50
fee each time we need to review data
from a business information or credit
reporting service. The fee covers our
costs in determining an appellant’s
financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their
debts by requesting to use a U.S.
Treasury Security (TS). Appellants must
file the letter of request with ONRR
prior to the invoice due date. The TS
must be a U.S. Treasury note or bond
with maturity equal to or greater than 1
year. The TS must equal 120 percent of
the appealed amount plus 1 year of
estimated interest (necessary to protect
ONRR against interest rate fluctuations).
ONRR only accepts a book-entry TS.
III. OMB Approval
The information we collect under this
ICR is essential in order to require
response from appellants to suspend
compliance with an order pending
appeal.
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge
fiduciary duties and also may result in
loss of royalty and other payments.
ONRR protects the proprietary
information received and does not
collect items of a sensitive nature in this
ICR.

IV. Data
Title: Suspensions Pending Appeal
and Bonding, 30 CFR part 1243.
OMB Control Number: 1012–0006.
Bureau Form Numbers: ONRR–4435,
ONRR–4436, and ONRR–4437.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses.
Total Estimated Number of Annual
Respondents: 105 Federal or Indian
appellants.
Total Estimated Number of Annual
Responses: 105.
Estimated Completion Time per
Response: 2 hours.
Total Estimated Number of Annual
Burden Hours: 210 hours.
Respondent’s Obligation: Mandatory.
Frequency of Collection: Annually
and on occasion.
Total Estimated Annual Nonhour
Burden Cost: There are no additional
recordkeeping costs associated with this
ICR. However, ONRR estimates that five
appellants per year will pay a $50 fee
to obtain credit data from a business
information or credit reporting service,
which is a total ‘‘non-hour’’ cost burden
of $250 per year (5 appellants per year
× $50 = $250).
We have not included in our
estimates certain requirements
performed in the normal course of
business that are considered usual and
customary. The following table shows
the estimated burden hours by CFR
section and paragraph:

daltland on DSKBBV9HB2PROD with NOTICES

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR
part 1243

Reporting and recordkeeping requirement

Hour burden

Average number of
annual responses

1243.4(a)(1) ...................

How do I suspend compliance with an order? ...............
(a) If you timely appeal an order, and if that order or
portion of that order: (1) Requires you to make a
payment, and you want to suspend compliance with
that order, you must post a bond or other surety instrument or demonstrate financial solvency * * *

2
........................

40 ...................................
(Forms ONRR–4435,
ONRR–4436, ONRR–
4437; or TS).

1243.6 ............................

When must I or another person meet the bonding or financial solvency requirements under this part?
If you must meet the bonding or financial solvency requirements under § 1243.4(a)(1), or if another person
is meeting your bonding or financial solvency requirements, then either you or the other person must
post a bond or other surety instrument or demonstrate financial solvency within 60 days after you
receive the order or the Notice of Order.

Burden hours covered under § 1243.4(a)(1).

1243.7(a) ........................

What must a person do when posting a bond or other
surety instrument or demonstrating financial solvency
on behalf of an appellant?

Burden hours covered under § 1243.4(a)(1).

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Annual
burden hours
80

Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices

60037

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
part 1243

Reporting and recordkeeping requirement

Average number of
annual responses

Hour burden

Annual
burden hours

If you assume an appellant’s responsibility to post a
bond or other surety instrument or demonstrate financial solvency * * * (a) Must notify ONRR in writing * * * that you are assuming the appellant’s responsibility * * *
1243.8(a)(2) and (b)(2) ..

When will ONRR suspend my obligation to comply with
an order?
(a) Federal leases. * * * (2) If the amount under appeal is $10,000 or more, ONRR will suspend your
obligation to comply with that order if you:
(i) Submit an ONRR-specified surety instrument under
subpart B of this part within a time period ONRR prescribes; or
(ii) Demonstrate financial solvency under subpart C.
(b) Indian leases. * * * (2) If the amount under appeal
is $1,000 or more, ONRR will suspend your obligation to comply with that order if you submit an
ONRR-specified surety instrument under subpart B
of this part within a time period ONRR prescribes.

Burden hours covered under § 1243.4(a)(1).

1243.101(b) ....................

How will ONRR determine the amount of my bond or
other surety instrument?
* * * (b) If your appeal is not decided within 1 year
from the filing date, you must increase the surety
amount to cover additional estimated interest for another 1-year period. You must continue to do this annually * * *

Burden hours covered under § 1243.4(a)(1).

1243.200(a) and (b) .......

How do I demonstrate financial solvency? .....................
(a) To demonstrate financial solvency under this part,
you must submit an audited consolidated balance
sheet, and, if requested by the ONRR bond-approving officer, up to 3 years of tax returns to the ONRR,
* * *
(b) You must submit an audited consolidated balance
sheet annually, and, if requested, additional annual
tax returns on the date ONRR first determined that
you demonstrated financial solvency as long as you
have active appeals, or whenever ONRR requests.
* * *

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1243.201(c)(1), (c)(2)(i)
How will ONRR determine if I am financially solvent? ...
and (c)(2)(ii) and (d)(2).
* * * (c) If your net worth, minus the amount we would
require as surety under subpart B for all orders you
have appealed is less than $300 million, you must
submit * * *
(1) A written request asking us to consult a businessinformation, or credit-reporting service or program to
determine your financial solvency; and
(2) A nonrefundable $50 processing fee:
(i) You must pay the processing fee * * *;
(ii) You must submit the fee with your request * * *
and then annually on the date we first determined
that you demonstrated financial solvency, as long as
you are not able to demonstrate financial solvency
* * * and you have active appeals.
(d)* * * (2) For us to consider you financially solvent,
the business-information or credit–reporting service
or program must demonstrate your degree of risk as
low to moderate: * * *
1243.202(c) ....................

When will ONRR monitor my financial solvency? ..........
* * * (c) If our bond-approving officer determines that
you are no longer financially solvent, you must post
a bond or other ONRR-specified surety instrument
under subpart B.

Total Burden ...........

.........................................................................................

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2
........................

65 ...................................
(Self-bonding submissions).

130

Burden hours covered under §§ 1243.4(a)(1) and
1243.200(a) and (b)

Burden hours covered under § 1243.4(a)(1).

........................

105 .................................

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An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
ONRR Information Collection
Clearance Officer: Luis Aguilar (303)
231–3418.
Authority: The authorities for this action
are the Outer Continental Shelf Lands Act
Amendments of 1978 (43 U.S.C. 1337) and
the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et. seq.).
Gregory J. Gould,
Director for Office of Natural Resources
Revenue.
[FR Doc. 2017–27204 Filed 12–15–17; 8:45 am]
BILLING CODE 4335–30–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1012]

Certain Magnetic Data Storage Tapes
and Cartridges Containing the Same;
Commission Determination To Reviewin-Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions;
Extension of Target Date for
Completion of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘Final ID’’) issued on
September 1, 2017, finding a violation
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’) in the above-captioned
investigation. The Commission has also
determined to extend the target date for
completion of the above-captioned
investigation to February 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2301. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.

daltland on DSKBBV9HB2PROD with NOTICES

SUMMARY:

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The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.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.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on July 1, 2016, based on a Complaint
filed by Fujifilm Corporation of Tokyo,
Japan, and Fujifilm Recording Media
U.S.A., Inc. of Bedford, Massachusetts
(collectively, ‘‘Fujifilm’’). 81 FR 43243–
44 (July 1, 2016). The Complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), in the sale for
importation, importation, and sale
within the United States after
importation of certain magnetic data
storage tapes and cartridges containing
the same by reason of infringement of
certain claims of U.S. Patent Nos.
6,641,891 (‘‘the ’891 patent’’); 6,703,106
(‘‘the ’106 patent’’); 6,703,101 (‘‘the ’101
patent’’); 6,767,612 (‘‘the ’612 patent’’);
8,236,434 (‘‘the ’434 patent’’); and
7,355,805 (‘‘the ’805 patent’’). The
Complaint further alleges the existence
of a domestic industry. The
Commission’s Notice of Investigation
named as respondents Sony Corporation
of Tokyo, Japan, Sony Corporation of
America of New York, New York, and
Sony Electronics Inc. of San Diego,
California (collectively, ‘‘Sony’’). The
Office of Unfair Import Investigations
(‘‘OUII’’) was also named as a party to
the investigation. The Commission later
terminated the investigation as to the
’101 patent. Order No. 24 (Jan. 18,
2017); Notice (Feb. 15, 2017).
On September 1, 2017, the ALJ issued
his final ID finding a violation of section
337 with respect to claims 1, 4–9, 11,
and 14 of the ’891 patent and asserted
claims 1, 2, 4, 5, 7, and 8 of the ’612
patent. The ALJ found no violation of
section 337 with respect to asserted
claims 9–11 of the ’612 patent; asserted
claim 2, 5, and 6 of the ’106 patent;
asserted claim 1 of the ’434 patent; and
asserted claims 3 and 10 of the ’805
patent.
In particular, the Final ID finds that
Sony’s accused products infringe claims
1, 4–9, 11, and 14 of the ’891 Patent
under 35 U.S.C. 271(a). The Final ID
also finds that Fujifilm’s domestic
industry (‘‘DI’’) products practice the
asserted claims of the ’891 Patent, thus
Fujifilm has satisfied the technical
prong of the domestic industry
requirement with respect to the ’891
Patent regarding its LTO–6 and LTO–7
DI products. The Final ID finds that

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Sony has not shown that the asserted
claims of the ’891 Patent are invalid
under 35 U.S.C. 102, 103, or 112.
The Final ID finds that Sony’s
accused products infringe asserted
claims 1, 2, 4, 5, 7, and 8 of the ’612
Patent under 35 U.S.C. 271(a). The Final
ID finds, however, that Fujifilm failed to
show that Sony has induced
infringement of claims 9–11 of the ’612
Patent under 35 U.S.C. 271(b). The Final
ID further finds that Fujifilm’s DI
products practice claims 1, 2, 4, 5, and
7–11 of the ’612 Patent and, thus,
Fujifilm has satisfied the technical
prong of the domestic industry
requirement with respect to the ’612
Patent regarding its LTO–6 and LTO–7
DI products. The Final ID finds that
Sony has not shown that the asserted
claims of the ’612 Patent are invalid
under 35 U.S.C. 102, 103, or 112.
The Final ID finds that the accused
products do not infringe asserted claims
2, 5, and 6 of the ’106 Patent under 35
U.S.C. 271(a). The Final ID further finds
that neither Fujifilm’s LTO–6 nor LTO–
7 DI products practice any claim of the
’106 Patent, thus Fujifilm has failed to
satisfy the technical prong of the
domestic industry requirement with
respect to the ’106 Patent. The Final ID
also finds that Sony has not shown that
the asserted claims of the ’106 Patent are
invalid under 35 U.S.C. 102 or 103, but
has shown that the asserted claims of
the ’106 Patent are indefinite under 35
U.S.C. 112.
The Final ID finds that the accused
products do not infringe asserted claim
1 of the ’434 under 35 U.S.C. 271(a). The
Final ID further finds that Fujifilm’s
LTO–7 DI products do not practice any
claim of the ’434 Patent, thus Fujifilm
has failed to satisfy the technical prong
of the domestic industry requirement
with respect to the ’434 Patent. The
Final ID finds that Sony has not shown
that the asserted claims of the ’434
Patent are invalid under 35 U.S.C. 102,
103, or 112.
The Final ID finds the accused
products do not infringe asserted claims
3 and 10 of the ’805 Patent under 35
U.S.C. 271(a). The Final ID further finds
that Fujifilm’s LTO–7 DI products
practice claims 1, 2, 3, and 10 of the
’805 Patent. The Commission notes that
the Final ID misstates its finding
concerning the technical prong in the
Conclusions of Fact and Law with
respect to the ’805 Patent The Final ID
finds that Sony has not shown that the
asserted claims of the ’805 Patent are
invalid under 35 U.S.C. 102, 103, or
112.
The Final ID finds that Fujifilm has
satisfied the economic prong of the
domestic industry requirement with

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