Certain Portable Electronic Devices and Related Software; Determination Not To Review Initial Determination Granting Motion To Amend the Complaint and Notice of Investigation, 1083-1084 [2012-121]

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Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Notices residential washers that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of Korea. The products subject to the petitions are classifiable in subheading 8450.20.00 of the Harmonized Tariff Schedule of the United States, and imported under statistical reporting number 8450.20.0090. Products subject to these petitions may also be imported under HTS subheadings 8450.11.00, 8450.90.20 or 8450.90.60. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 13, 2012. The Commission’s views are due at Commerce within five business days thereafter, or by February 21, 2012. For further information concerning the conduct of these investigations and rules of general application, consult the Commission,s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: December 30, 2011. FOR FURTHER INFORMATION CONTACT: Keysha Martinez ((202) 205–2136) or Edward Petronzio ((202) 205–3176), 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 (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background. These investigations are being instituted in response to a petition filed on December 30, 2011, by Whirlpool Corporation, Benton Harbor, MI. Participation in the investigations and public service list. Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the VerDate Mar<15>2010 16:26 Jan 06, 2012 Jkt 226001 Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference. The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on January 20, 2012, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be filed with the Office of the Secretary (William.Bishop@usitc.gov and Sharon.Bellamy@usitc.gov) on or before January 18, 2012. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions. As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before January 25, 2012, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 1083 requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please be aware that the Commission’s rules with respect to electronic filing have been amended. The amendments took effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the newly revised Commission’s Handbook on EFiling, available on the Commission’s Web site at http://edis.usitc.gov. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. Issued: January 3, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–120 Filed 1–6–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–797] Certain Portable Electronic Devices and Related Software; Determination Not To Review Initial Determination Granting Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 19) granting Complainant’s unopposed motion to amend the Complaint and Notice of Investigation. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2532. 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 SUMMARY: E:\FR\FM\09JAN1.SGM 09JAN1 tkelley on DSK3SPTVN1PROD with NOTICES 1084 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Notices Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 August 12, 2011, based on a complaint filed by Apple Inc. (‘‘Apple’’), alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain portable electronic devices and related software. 76 FR 50253 (Aug. 12, 2011). The complaint alleged the infringement of claims of U.S. Patent Nos. 7,844,915; 7,469,381; 7,084,859; 7,920,129; and 6,956,564. The complaint named as respondents HTC Corp. of Taoyuan City, Taiwan and its subsidiaries HTC America, Inc. of Bellevue, Washington, and Exedea, Inc. of Houston, Texas. The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. On October 7, 2011, Apple filed a motion seeking leave to amend the complaint and notice of investigation. In particular, Apple sought to: ‘‘(i) clarify its allegations with respect to asserted U.S. Patent No. 6,956,564 to reflect that it has been reissued subsequent to the institution of this Investigation as U.S. Patent No. RE42,738 E and add two new asserted claims from the reissued patent [claim nos. 4 and 37], (ii) amend the ‘Related Litigation’ section of the Complaint to reflect inadvertently omitted information, and (iii) identify additional accused products that had not been released at the time the original Complaint was filed [i.e., the HTC Evo 3D, the HTC Evo View 4G, and the HTC Jetstream].’’ Order No. 19, at 1 (Dec. 2, 2011). On December 2, 2011, the ALJ issued an ID granting Apple’s unopposed motion to amend the complaint and notice of investigation. Id. at 2–4. No petitions for review of the ID were filed. The Commission has determined not to review the ID. 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 sections 210.14 and 210.42 of the Commission’s Rules of Practice and Procedure (19 C.F.R. §§ 210.14, 210.42). VerDate Mar<15>2010 16:26 Jan 06, 2012 Jkt 226001 Issued: January 4, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–121 Filed 1–6–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1190–0009] Agency Information Collection Activities Under Review; Title II of the Americans With Disabilities Act of 1990/Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form 30-Day Notice of Information Collection under review ACTION: The Department of Justice, Civil Rights Division, Disability Rights Section, has submitted the following information collection request to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection extension is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 76, Number 210, pages 67208–67209, on October 31, 2011, allowing for a 60-day public comment period. The purpose of this notice is to allow an additional 30 days for public comment. Comments are encouraged and will be accepted until February 8, 2012. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions are requested from the public and affected agencies concerning the proposed collection of information. Your comments should address one or more of the following four points: (1) Evaluate whether the collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time should be directed to the Office of Management and Budget (OMB), Office of Regulatory Affairs, Attention: Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–7285. The information collection is listed below: (1) Type of information collection. Extension of Currently Approved Collection. (2) The title of the form/collection. Title II of the Americans with Disabilities Act/Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form. (3) The agency form number and applicable component of the Department sponsoring the collection. No form number. Disability Rights Section, Civil Rights Division, U.S. Department of Justice. (4) Affected public who will be asked to respond, as well as a brief abstract: Primary: Individuals alleging discrimination by public entities based on disability. Under title II of the Americans with Disabilities Act, an individual who believes that he or she has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint. Any Federal agency that receives a complaint of discrimination by a public entity is required to review the complaint to determine whether it has jurisdiction under section 504. If the agency does not have jurisdiction, it must determine whether it is the designated agency responsible for complaints filed against that public entity. If the agency does not have jurisdiction under section 504 and is not the designated agency, it must refer the complaint to the Department of Justice. The Department of Justice then makes the appropriate determination regarding the referral of the complaint. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 5,000 respondents per year at 0.75 hours per complaint form. (6) An estimate of the total public burden (in hours) associated with the collection: 3,750 hours annual burden. If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Office of the Chief Information Officer, Policy and E:\FR\FM\09JAN1.SGM 09JAN1

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[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1083-1084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-121]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-797]


Certain Portable Electronic Devices and Related Software; 
Determination Not To Review Initial Determination Granting Motion To 
Amend the Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 19) 
granting Complainant's unopposed motion to amend the Complaint and 
Notice of Investigation.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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

[[Page 1084]]

Street SW., Washington, DC 20436, telephone (202) 205-2000. General 
information concerning the Commission may also be obtained by accessing 
its Internet server at http://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://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 August 12, 2011, based on a complaint filed by Apple Inc. 
(``Apple''), alleging a violation of section 337 in the importation, 
sale for importation, and sale within the United States after 
importation of certain portable electronic devices and related 
software. 76 FR 50253 (Aug. 12, 2011). The complaint alleged the 
infringement of claims of U.S. Patent Nos. 7,844,915; 7,469,381; 
7,084,859; 7,920,129; and 6,956,564. The complaint named as respondents 
HTC Corp. of Taoyuan City, Taiwan and its subsidiaries HTC America, 
Inc. of Bellevue, Washington, and Exedea, Inc. of Houston, Texas. The 
complaint further alleged that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    On October 7, 2011, Apple filed a motion seeking leave to amend the 
complaint and notice of investigation. In particular, Apple sought to: 
``(i) clarify its allegations with respect to asserted U.S. Patent No. 
6,956,564 to reflect that it has been reissued subsequent to the 
institution of this Investigation as U.S. Patent No. RE42,738 E and add 
two new asserted claims from the reissued patent [claim nos. 4 and 37], 
(ii) amend the `Related Litigation' section of the Complaint to reflect 
inadvertently omitted information, and (iii) identify additional 
accused products that had not been released at the time the original 
Complaint was filed [i.e., the HTC Evo 3D, the HTC Evo View 4G, and the 
HTC Jetstream].'' Order No. 19, at 1 (Dec. 2, 2011).
    On December 2, 2011, the ALJ issued an ID granting Apple's 
unopposed motion to amend the complaint and notice of investigation. 
Id. at 2-4. No petitions for review of the ID were filed.
    The Commission has determined not to review the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec.  
1337), and in sections 210.14 and 210.42 of the Commission's Rules of 
Practice and Procedure (19 C.F.R. Sec. Sec.  210.14, 210.42).

    Issued: January 4, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-121 Filed 1-6-12; 8:45 am]
BILLING CODE 7020-02-P