Certain Electronic Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Determination To Review in Part ALJ Initial Determination; Request for Written Submissions, 58147-58149 [2012-23035]
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Biomedical Imaging and Bioengineering
Special Emphasis Panel; Scientific
Conference Award Meeting (R13) 2013/01.
Date: October 26, 2012.
Time: 11 a.m. to 4 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, Two
Democracy Plaza, 6707 Democracy
Boulevard, Bethesda, MD 20892, (Telephone
Conference Call).
Contact Person: John K. Hayes, Ph.D.,
Scientific Review Officer, National Institute
of Biomedical Imaging and Bioengineering,
National Institutes of Health, 6707
Democracy Boulevard, Room 959, Bethesda,
MD 20892, 301–451–3398,
hayesj@mail.nih.gov.
Dated: September 14, 2012.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2012–23126 Filed 9–19–12; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Action Subject to Intergovernmental
Review
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement,
are notifying the public that we intend
to grant funds to eligible applicants for
purposes authorized under the
Abandoned Mine Land (AML)
Reclamation Program. Additionally we
are notifying the public that we intend
to grant funds to eligible applicants for
regulating coal mining within their
jurisdictional borders. We will award
these grants after October 1, 2012,
because our award authority
commences at the beginning of the fiscal
year.
DATES: A state single point of contact
and other interested state or local
entities may submit written comments
regarding AML and regulatory funding
by December 31, 2012.
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58147
You may submit comments
by any of the following methods:
• Electronic mail: Send your
comments to jbautista@osmre.gov.
• Mail, hand-delivery, or courier:
Send your comments to Office of
Surface Mining Reclamation and
Enforcement, Administrative Record,
Room 252–SIB, 1951 Constitution
Avenue NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Mr.
Jay Bautista, Office of Surface Mining
Reclamation and Enforcement, 1951
Constitution Ave. NW., MS 124–SIB,
Washington, DC 20240; Telephone (202)
208–7411.
SUPPLEMENTARY INFORMATION:
regulatory programs pursuant to
SMCRA, and upon approval of
regulatory programs, to assume
regulatory primacy and act as the
regulatory authority, and to administer
and enforce their respective approved
SMCRA regulatory programs. Our
regulations at 30 CFR Chapter VII
implement the provisions of SMCRA.
Grant Notification
We are notifying the public that we
intend to grant funds to eligible
applicants for purposes authorized
under the Abandoned Mine Land (AML)
Reclamation Program. Additionally we
are notifying the public that we intend
to grant funds to eligible applicants for
regulating coal mining within their
jurisdictional borders. We will award
these grants after October 1, 2012.
Eligible applicants are those states and
tribes with a regulatory program or
reclamation plan approved under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA), 30
U.S.C. 1201 et seq., and the State of
Tennessee. Under Executive Order
(E.O.) 12372, we must provide state and
tribal officials the opportunity to review
and comment on proposed federal
financial assistance activities. Of the
eligible applicants, twenty states and
tribes do not have single points-ofcontact under the E.O. 12372 review
process; therefore, we are required to
publish this notice as an alternate
means of notification.
INTERNATIONAL TRADE
COMMISSION
ADDRESSES:
Description of the AML Program
SMCRA established the Abandoned
Mine Reclamation Fund to receive the
AML fees used to finance reclamation of
AML coal mine sites. Grants to eligible
states and tribes are funded from
permanent (mandatory) appropriations.
Recipients use these funds to reclaim
the highest priority AML coal mine sites
that were left abandoned prior to the
enactment of SMCRA in 1977, eligible
non-coal sites, and for non-reclamation
projects.
Description of the Regulatory Program
Title VII of SMCRA authorizes us to
provide grants to states and Indian
tribes to develop, administer, and
enforce State regulatory programs
addressing surface coal mining
operations. Title V and Title VII
authorize states and tribes to develop
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Dated: August 27, 2012.
Joseph Pizarchik,
Director, Office of Surface Mining
Reclamation and Enforcement.
[FR Doc. 2012–22845 Filed 9–18–12; 8:45 am]
BILLING CODE 4310–05–M
[Investigation No. 337–TA–791/826]
Certain Electronic Fireplaces,
Components Thereof, Manuals for
Same, Certain Processes for
Manufacturing or Relating to Same and
Certain Products Containing Same;
Determination To Review in Part ALJ
Initial Determination; Request for
Written Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part the final initial determination
(‘‘ID’’) (Order No. 20) of the presiding
administrative law judge (‘‘LJ’’) finding
the remaining respondents, Shenzhen
Reliap Industrial Co. (‘‘Reliap’’) and Yue
Qiu Sheng (‘‘Yue’’), both of Shenzhen,
China, in default and in violation of
section 337. The Commission has also
determined to review the ALJ’s Order
No. 19 denying respondents’ motion for
summary determination that
complainants’ breach of contract
allegation is outside the scope of the
investigation. The Commission is also
requesting briefing on the issue on
review and on remedy, the public
interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. 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
SUMMARY:
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
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 Investigation No.
337–TA–791 (‘‘the 791 investigation’’)
on July 20, 2011, based on a complaint
filed by Twin-Star International, Inc. of
Delray Beach, Florida and TS
Investment Holding Corp. of Miami,
Florida (collectively, ‘‘Twin-Star’’). 76
FR 43345–46 (July 20, 2011). The
Commission instituted Investigation No.
337–TA–826 on January 19, 2012 based
on another complaint filed by TwinStar, and consolidated it with the 791
investigation. 77 FR 2757–58 (Jan. 19,
2012). The complaints allege a violation
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain electric fireplaces, components
thereof, manuals for same, certain
processes for manufacturing or relating
to same and certain products containing
same by reason of infringement of U.S.
Copyright Nos. TX0007350474;
TX0007350476; VA0001772660; and
VA0001772661; and by reason of
misappropriation of trade secrets,
breach of contract, and tortious
inference with contract, the threat or
effect of which is to destroy or
substantially injure an industry in the
United States.
The Commission’s notice of
investigation named Reliap, Yue, and
Whalen Furniture Manufacturing, Inc.
(‘‘Whalen’’) of San Diego, California as
respondents. On July 3, 2012, the
Commission issued notice of its
determination not to review the ALJ’s ID
terminating the investigation as to
Whalen based on a consent order and
settlement agreement.
On June 20, 2012, Twin-Star moved
for an ID finding the remaining
respondents, Reliap and Yue, in default
and in violation of section 337 pursuant
to Commission Rule 210.17, 19 CFR
210.17. The Commission investigative
attorney filed a response in support of
the motion.
On July 13, 2012, the ALJ granted
Twin-Star’s motion and issued the final
ID in this investigation finding the
remaining respondents in default and in
violation of section 337 pursuant to 19
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CFR 210.17 because they did not
participate in the investigation
following withdrawal of their counsel
on March 12, 2012. The ID also
contained the ALJ’s recommended
determination on remedy. Specifically,
the ALJ recommended issuance of a
limited exclusion order with respect to
the defaulting respondents.
Also on July 13, 2012, the ALJ issued
Order No. 19, denying a motion filed by
Yue on December 11, 2011, for summary
determination that Twin-Star’s breach of
contract claim is outside the scope of
the investigation. On July 20, 2012, the
Commission investigative attorney
petitioned for review of Order No. 19
and the ALJ’s final ID. Twin-Star filed
a response in opposition on July 30,
2012.
Having examined the record of this
investigation, including the ALJ’s ID,
Order No. 19, and the parties’ briefing,
the Commission has determined to
review Order No. 19 and to review the
final ID in part to the extent that it finds
a violation of section 337 based on the
breach of contract allegations. The
Commission has determined not to
review the remainder of the ID.
On review, the parties, interested
government agencies, and any other
interested persons are requested to
submit briefing on the issue under
review and to address in particular the
following:
(1) What support exists for the notion
that unfair acts or unfair methods of
competition under section 337(a)(1)(A),
19 U.S.C. 1337(a)(1)(A), are limited to
‘‘public wrongs’’ as opposed to ‘‘private
wrongs.’’ Please discuss statutory
language, any relevant legislative
history, and legal precedent,
particularly Tianrui Group Co. v. U.S.
Int’l Trade Comm’n, 661 F.3d 1322
(Fed. Cir. 2011).
(2) Please explain whether a breach of
contract claim can give rise to a
violation of 19 U.S.C. 1337(a)(1)(A), and
discuss any relevant statutory language,
legislative history, and legal precedent.
In connection with the final
disposition of this investigation, the
Commission may issue an order that
results in the exclusion of the subject
articles from entry into the United
States. See 19 U.S.C. 1337(d).
Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
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affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994) (Commission
Opinion).
When the Commission contemplates
some form of remedy, it must consider
the effects of that remedy upon the
public interest. The factors the
Commission will consider include the
effect that an exclusion order and/or
cease and desist orders would have on
(1) the public health and welfare, (2)
competitive conditions in the U.S.
economy, (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation,
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
When the Commission orders some
form of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation, interested government
agencies, and any other interested
persons are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding.
Complainant is requested to state the
issue under review and the dates that
the copyrights at issue expire and the
HTSUS numbers under which the
accused products are imported. The
written submissions must be filed no
later than close of business on October
12, 2012. Reply submissions must be
filed no later than the close of business
on November 9, 2012. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to
Commission rule 210.4(f), 19 CFR
210.4(f). Submissions should refer to the
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
investigation number (‘‘Inv. No. 337–
TA–791/826’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Any person desiring to submit a
document (or portion thereof) to the
Commission in confidence must request
confidential treatment unless the
information has already been granted
such treatment during the proceedings.
All such requests should be directed to
the Secretary of the Commission and
must include a full statement of the
reasons why the Commission should
grant such treatment. See 19 CFR 210.6.
Documents for which confidential
treatment by the Commission is sought
will be treated accordingly. All
nonconfidential written submissions
will be available for public inspection at
the Office of the Secretary.
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 210.17, 42–43, 45–46 and 50 of
the Commission’s Rules of Practice and
Procedure (19 CFR 210.17, 210.42–43,
210.45–46, and 210.50).
By order of the Commission.
Issued: September 13, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–23035 Filed 9–18–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–345]
Recent Trends in U.S. Services Trade,
2013 Annual Report
United States International
Trade Commission.
ACTION: Schedule for 2013 report and
opportunity to submit information.
AGENCY:
The Commission has
prepared and published annual reports
in this series under investigation No.
332–345 since 1996. The 2013 report,
which the Commission plans to publish
in July 2013, will provide aggregate data
on cross-border trade in services and
more specific data and information on
cross-border trade in professional
services (education, health, and legal
services) for the period ending in 2011,
and transactions by affiliates based
outside the country of their parent firm
for the period ending in 2010. The
Commission is inviting interested
members of the public to furnish
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information in connection with the 2013
report.
October 25, 2012: Deadline for
filing written submissions. July 11,
2013: Anticipated date for publishing
the report.
DATES:
All Commission offices are
located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. All written submissions should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW., Washington, DC
20436. The public record for this
investigation may be viewed on the
Commission’s electronic docket
information system (EDIS) at https://
edis.usitc.gov/edis3-internal/app.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Project Leader George Serletis (202–
205–3315 or george.serletis@usitc.gov)
or Services Division Chief Richard
Brown (202–205–3438 or
richard.brown@usitc.gov) for
information specific to this
investigation. For information on the
legal aspects of these investigations,
contact William Gearhart of the
Commission’s Office of the General
Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
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.
Background: The 2013 annual
services trade report will provide
aggregate data on cross-border trade in
services and more specific data and
information on cross-border trade in
professional services (education, health,
and legal services). Under Commission
investigation No. 332–345, the
Commission publishes two annual
reports, one on services trade (Recent
Trends in U.S. Services Trade), and a
second on merchandise trade (Shifts in
U.S. Merchandise Trade). The
Commission’s 2012 annual report in the
series of reports on Recent Trends in
U.S. Services Trade is now available
online at https://www.usitc.gov; it is also
available in CD and printed form from
the Office of the Secretary at 202–205–
2000 or by fax at 202–205–2104.
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58149
The initial notice of institution of this
investigation was published in the
Federal Register on September 8, 1993
(58 FR 47287) and provided for what is
now the report on merchandise trade.
The Commission expanded the scope of
the investigation to cover services trade
in a separate report, which it announced
in a notice published in the Federal
Register on December 28, 1994 (59 FR
66974). The separate report on services
trade has been published annually since
1996, except in 2005. As in past years,
the report will summarize trade in
services in the aggregate and provide
analyses of trends and developments in
selected services industries during the
latest period for which data are
published by the U.S. Department of
Commerce, Bureau of Economic
Analysis. As indicated above, the 2013
report will focus on cross-border trade
in professional services (education,
health, and legal services).
Written Submissions: Interested
parties are invited to submit written
statements and other information
concerning the matters to be addressed
by the Commission in its report on this
investigation. For the upcoming 2013
annual report, the Commission is
particularly interested in receiving
information relating to cross-border
trade in professional services
(education, health, and legal services).
Submissions should be addressed to the
Secretary. To be assured of
consideration by the Commission,
written submissions related to the
Commission’s report should be
submitted at the earliest practical date
and should be received not later than
5:15 p.m., October 25, 2012. All written
submissions must conform with 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 and submit
eight (8) true paper copies by 12:00 p.m.
eastern time on the next business day.
In the event that confidential treatment
of a document is requested, interested
parties must file, at the same time as the
eight paper copies, at least four (4)
additional true paper copies in which
the confidential information must be
deleted (see the following paragraph for
further information regarding
confidential business information).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any submissions that contain
confidential business information (CBI)
must also conform with the
requirements in section 201.6 of the
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]]>Agencies
[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58147-58149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23035]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-791/826]
Certain Electronic Fireplaces, Components Thereof, Manuals for
Same, Certain Processes for Manufacturing or Relating to Same and
Certain Products Containing Same; Determination To Review in Part ALJ
Initial Determination; Request for Written Submissions
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 the final initial
determination (``ID'') (Order No. 20) of the presiding administrative
law judge (``LJ'') finding the remaining respondents, Shenzhen Reliap
Industrial Co. (``Reliap'') and Yue Qiu Sheng (``Yue''), both of
Shenzhen, China, in default and in violation of section 337. The
Commission has also determined to review the ALJ's Order No. 19 denying
respondents' motion for summary determination that complainants' breach
of contract allegation is outside the scope of the investigation. The
Commission is also requesting briefing on the issue on review and on
remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. 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
[[Page 58148]]
information concerning the Commission may also be obtained by accessing
its Internet server at https://www.usitc.gov. 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 Investigation No.
337-TA-791 (``the 791 investigation'') on July 20, 2011, based on a
complaint filed by Twin-Star International, Inc. of Delray Beach,
Florida and TS Investment Holding Corp. of Miami, Florida
(collectively, ``Twin-Star''). 76 FR 43345-46 (July 20, 2011). The
Commission instituted Investigation No. 337-TA-826 on January 19, 2012
based on another complaint filed by Twin-Star, and consolidated it with
the 791 investigation. 77 FR 2757-58 (Jan. 19, 2012). The complaints
allege a violation of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain electric fireplaces, components thereof, manuals
for same, certain processes for manufacturing or relating to same and
certain products containing same by reason of infringement of U.S.
Copyright Nos. TX0007350474; TX0007350476; VA0001772660; and
VA0001772661; and by reason of misappropriation of trade secrets,
breach of contract, and tortious inference with contract, the threat or
effect of which is to destroy or substantially injure an industry in
the United States.
The Commission's notice of investigation named Reliap, Yue, and
Whalen Furniture Manufacturing, Inc. (``Whalen'') of San Diego,
California as respondents. On July 3, 2012, the Commission issued
notice of its determination not to review the ALJ's ID terminating the
investigation as to Whalen based on a consent order and settlement
agreement.
On June 20, 2012, Twin-Star moved for an ID finding the remaining
respondents, Reliap and Yue, in default and in violation of section 337
pursuant to Commission Rule 210.17, 19 CFR 210.17. The Commission
investigative attorney filed a response in support of the motion.
On July 13, 2012, the ALJ granted Twin-Star's motion and issued the
final ID in this investigation finding the remaining respondents in
default and in violation of section 337 pursuant to 19 CFR 210.17
because they did not participate in the investigation following
withdrawal of their counsel on March 12, 2012. The ID also contained
the ALJ's recommended determination on remedy. Specifically, the ALJ
recommended issuance of a limited exclusion order with respect to the
defaulting respondents.
Also on July 13, 2012, the ALJ issued Order No. 19, denying a
motion filed by Yue on December 11, 2011, for summary determination
that Twin-Star's breach of contract claim is outside the scope of the
investigation. On July 20, 2012, the Commission investigative attorney
petitioned for review of Order No. 19 and the ALJ's final ID. Twin-Star
filed a response in opposition on July 30, 2012.
Having examined the record of this investigation, including the
ALJ's ID, Order No. 19, and the parties' briefing, the Commission has
determined to review Order No. 19 and to review the final ID in part to
the extent that it finds a violation of section 337 based on the breach
of contract allegations. The Commission has determined not to review
the remainder of the ID.
On review, the parties, interested government agencies, and any
other interested persons are requested to submit briefing on the issue
under review and to address in particular the following:
(1) What support exists for the notion that unfair acts or unfair
methods of competition under section 337(a)(1)(A), 19 U.S.C.
1337(a)(1)(A), are limited to ``public wrongs'' as opposed to ``private
wrongs.'' Please discuss statutory language, any relevant legislative
history, and legal precedent, particularly Tianrui Group Co. v. U.S.
Int'l Trade Comm'n, 661 F.3d 1322 (Fed. Cir. 2011).
(2) Please explain whether a breach of contract claim can give rise
to a violation of 19 U.S.C. 1337(a)(1)(A), and discuss any relevant
statutory language, legislative history, and legal precedent.
In connection with the final disposition of this investigation, the
Commission may issue an order that results in the exclusion of the
subject articles from entry into the United States. See 19 U.S.C.
1337(d). Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No.
2843, Comm'n Op. at 7-10 (December 1994) (Commission Opinion).
When the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
When the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested persons are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainant is requested to state the issue under review
and the dates that the copyrights at issue expire and the HTSUS numbers
under which the accused products are imported. The written submissions
must be filed no later than close of business on October 12, 2012.
Reply submissions must be filed no later than the close of business on
November 9, 2012. No further submissions on these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
pursuant to Commission rule 210.4(f), 19 CFR 210.4(f). Submissions
should refer to the
[[Page 58149]]
investigation number (``Inv. No. 337-TA-791/826'') in a prominent place
on the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf).
Any person desiring to submit a document (or portion thereof) to
the Commission in confidence must request confidential treatment unless
the information has already been granted such treatment during the
proceedings. All such requests should be directed to the Secretary of
the Commission and must include a full statement of the reasons why the
Commission should grant such treatment. See 19 CFR 210.6. Documents for
which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
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 210.17, 42-43, 45-46 and 50 of the Commission's Rules of
Practice and Procedure (19 CFR 210.17, 210.42-43, 210.45-46, and
210.50).
By order of the Commission.
Issued: September 13, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-23035 Filed 9-18-12; 8:45 am]
BILLING CODE 7020-02-P
