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]

Download as PDF 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. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:20 Sep 18, 2012 Jkt 226001 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 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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: E:\FR\FM\19SEN1.SGM 19SEN1 tkelley on DSK3SPTVN1PROD with NOTICES 58148 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 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 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 VerDate Mar<15>2010 19:20 Sep 18, 2012 Jkt 226001 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 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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 E:\FR\FM\19SEN1.SGM 19SEN1 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, http://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 tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:20 Sep 18, 2012 Jkt 226001 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 (http://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 http://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. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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 E:\FR\FM\19SEN1.SGM 19SEN1

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]


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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 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 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, http://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