Certain Kinesiotherapy Devices and Components Thereof; Notice of Request for Statements on the Public Interest, 6836-6837 [2013-02059]

Download as PDF srobinson on DSK4SPTVN1PROD with 6836 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Notices this notice of investigation shall be served: (a) The complainants are: Nuance Communications, Inc., 1 Wayside Road, Burlington, Massachusetts 01803; Swype, Inc., 1 Wayside Road, Burlington, Massachusetts 01803; Tegic Communications, Inc., 1 Wayside Road, Burlington, Massachusetts 01803; ZI Corporation of Canada, Inc., 1 Wayside Road, Burlington, Massachusetts 01803. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Shanghai HanXiang (CooTek) Information, Technology Co., Ltd., 1023, Bldg. 2, 555 Dongchuan Rd. Shanghai, Shanghai 200241 China; Personal Communications Devices, LLC, 555 Wireless Boulevard, Hauppauge, NY 11788. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the amended complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended complaint and the notice of investigation will not be granted unless good cause therefore is shown. Failure of a respondent to file a timely response to each allegation in the amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the amended complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion VerDate Mar<15>2010 17:38 Jan 30, 2013 Jkt 229001 order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: January 25, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–02061 Filed 1–30–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–823] Certain Kinesiotherapy Devices and Components Thereof; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bond in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a general exclusion order. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov, and 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 (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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: SUMMARY: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bond issued in this investigation on January 22, 2013. Although the administrative law judge’s final initial determination did not find a violation of section 337, he issued a Recommended Determination on Remedy and Bond should the Commission find a violation of section 337. Comments should address whether issuance of an exclusion order in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended order; (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order within a commercially reasonable time; and (v) Explain how the exclusion order would impact consumers in the United States. Written submissions must be filed no later than by close of business on February 28, 2012. Persons filing written submissions must file the original document electronically on or before the deadline stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR E:\FR\FM\31JAN1.SGM 31JAN1 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Notices 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–823’’) 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). Persons with questions regarding filing should contact the Secretary (202–205– 2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with the any confidential filing. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50). Issued: January 25, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–02059 Filed 1–30–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–866] Certain Wireless Communications Equipment and Articles Therein; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 21, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, on behalf of Samsung Electronics Co., Ltd., Seoul, Republic of Korea and Samsung Telecommunications America, LLC of Richardson, Texas. A letter supplementing the complaint was filed on January 10, 2013. The complaint alleges violations of section 337 based srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 17:38 Jan 30, 2013 Jkt 229001 upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless communications equipment and articles therein by reason of infringement of U.S. Patent No. 7,782,749 (‘‘the ‘749 patent’’); U.S. Patent No. 8,165,081 (‘‘the ‘081 patent’’); U.S. Patent No. 8,208,438 (‘‘the ‘438 patent’’); U.S. Patent No. 8,228,827 (‘‘the ‘827 patent’’); U.S. Patent No. 6,617,929 (‘‘the ‘929 patent’’); U.S. Patent No. 6,767,813 (‘‘the ‘813 patent’’); U.S. Patent No. 6,865,682 (‘‘the ‘682 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 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. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. ADDRESSES: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2012). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 24, 2013, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 6837 section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain wireless communications equipment and articles therein by reason of infringement of one or more of claims 1–13 of the ‘749 patent; claims 1, 4, 9, and 12 of the ‘081 patent; claims 1–14 of the ‘438 patent; claims 1–8 of the ‘827 patent; claims 1– 8 of the ‘929 patent; claims 1–3, 5–12, and 14–23 of the ‘813 patent; and claims 1, 2, 4, and 8 of the ‘682 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Samsung Electronics Co., Ltd., Samsung Main Building, 250, Taepyung-ro 2ka, Chung-ku, Seoul 100–742, Republic of Korea. Samsung Telecommunications America, LLC, 1301 East Lookout Drive, Richardson, TX 75082. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024. Telefonaktiebolaget LM Ericsson, Torshamnsgatan 23, Kista, Stockholm, Sweden 164 83. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6836-6837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02059]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-823]


Certain Kinesiotherapy Devices and Components Thereof; Notice of 
Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the presiding administrative law 
judge has issued a Final Initial Determination and Recommended 
Determination on Remedy and Bond in the above-captioned investigation. 
The Commission is soliciting comments on public interest issues raised 
by the recommended relief, specifically a general exclusion order.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting Secretary to 
the Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov, and 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 (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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1).
    The Commission is interested in further development of the record 
on the public interest in these investigations. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the administrative law judge's Recommended Determination on 
Remedy and Bond issued in this investigation on January 22, 2013. 
Although the administrative law judge's final initial determination did 
not find a violation of section 337, he issued a Recommended 
Determination on Remedy and Bond should the Commission find a violation 
of section 337.
    Comments should address whether issuance of an exclusion order in 
this investigation would affect the public health and welfare in the 
United States, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
orders are used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the recommended order;
    (iii) Identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) Indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended exclusion order within 
a commercially reasonable time; and
    (v) Explain how the exclusion order would impact consumers in the 
United States.
    Written submissions must be filed no later than by close of 
business on February 28, 2012.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit 8 true 
paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR

[[Page 6837]]

210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-823'') 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). Persons with questions regarding filing should 
contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR 
201.10, 210.50).

    Issued: January 25, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02059 Filed 1-30-13; 8:45 am]
BILLING CODE 7020-02-P