Certain TV Programs, Literary Works for TV Production and Episode Guides Pertaining to Same; Institution of Investigation Pursuant to 19 U.S.C. 1337, 42106-42107 [2013-16885]

Download as PDF 42106 DATES: Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices Effective Date: July 5, 2013. INTERNATIONAL TRADE COMMISSION FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202–205–3169), 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 reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. On July 5, 2013, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found the domestic interested party group response to its notice of institution (78 F.R. 19524, April 2, 2013) to be adequate and that the respondent interested party group response with respect to Taiwan was adequate and decided to conduct a full review with respect to the antidumping duty order concerning PET film from Taiwan. The Commission found that the respondent interested party group response with respect to the reviews on the orders on PET film from India was inadequate. However, the Commission determined to conduct full reviews concerning the antidumping and countervailing duty orders on PET film from India to promote administrative efficiency in light of its decision to conduct a full review with respect to the order on PET film from Taiwan. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: July 10, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–16869 Filed 7–12–13; 8:45 am] BILLING CODE 7020–02–P VerDate Mar<15>2010 18:53 Jul 12, 2013 Jkt 229001 [Investigation No. 337–TA–886] Certain TV Programs, Literary Works for TV Production and Episode Guides Pertaining to Same; Institution of Investigation Pursuant to 19 U.S.C. 1337 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 June 7, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of E.T. Radcliffe, LLC of Dallas, Texas and Emir Tiar of Coto De Caza, California. Supplements to the Complaint were filed June 25, 2013 and June 27, 2013. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain TV programs, literary works for TV production and episode guides pertaining to same by reason of infringement of U.S. Copyright PAU003415849 (‘‘the ’849 copyright’’); U.S. Copyright TXU001832727 (‘‘the ’727 copyright’’); and U.S. Copyright PAU003639268 (‘‘the ’268 copyright’’), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges violations of section 337 based upon the importation, the sale for importation, and the sale within the United States after importation of certain TV programs, literary works for TV production and episode guides pertaining to same, by reason of unfair methods of competition and unfair acts, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: 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 SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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. 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 (2013). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 9, 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: (a) Whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain TV programs, literary works for TV production and episode guides pertaining to same by reason of infringement of the ’849 copyright; the ’727 copyright; and the ’268 copyright, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain TV programs, literary works for TV production and episode guides pertaining to same, by reason of unfair methods of competition and unfair acts, the threat or effect of which is to destroy or substantially injure an industry in the United States; (2) 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: E.T. Radcliffe, LLC, 1445 Ross Avenue, Suite 2700, Dallas, TX 75202. Emir Tiar, 31785 Via Coyote, Coto De Caza, CA 92679. (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: E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices The Walt Disney Company, 500 South Buena Vista Street, Burbank, CA 91521. Thunderbird Films, Inc., 10675 Santa Monica Boulevard, Suite B, Los Angeles, CA 90025. Mindset Television, Inc., 708–1155 Pender Street, Vancouver, British Columbia, V6E 2P4, Canada. (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 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(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 complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the 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 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 order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: July 10, 2013. Lisa R. Barton, Acting Secretary to the Commission. tkelley on DSK3SPTVN1PROD with NOTICES [FR Doc. 2013–16885 Filed 7–12–13; 8:45 am] BILLING CODE 7020–02–P VerDate Mar<15>2010 18:53 Jul 12, 2013 Jkt 229001 [Investigation No. 337–TA–800] Certain Wireless Devices With 3G Capabilities 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 Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order against certain wireless devices with 3G capabilities and components thereof imported by respondents Huawei Technologies Co., Ltd. of Shenzhen, China; FutureWei Technologies, Inc. d/b/a Huawei, Technologies (USA) of Plano, Texas; Huawei Device USA, Inc. of Plano, Texas (‘‘Huawei Device’’); Nokia Corporation of Espoo, Finland; Nokia Inc. of White Plains, New York (‘‘Nokia Inc.’’); ZTE Corporation of Shenzhen, China; and ZTE (USA) Inc. of Richardson, Texas, and cease and desist orders against Huawei Device and Nokia Inc. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). SUMMARY: FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3042. 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. Frm 00071 Fmt 4703 Sfmt 4703 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: SUPPLEMENTARY INFORMATION: INTERNATIONAL TRADE COMMISSION PO 00000 42107 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). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(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 Bonding issued in this investigation on March 1, 2013. Comments should address whether issuance of a limited 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 orders; (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 and/or a cease and desist order within a commercially reasonable time; and (v) explain how the limited exclusion order would impact consumers in the United States. Written submissions must be filed no later than by close of business on August 7, 2013. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42106-42107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16885]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-886]


Certain TV Programs, Literary Works for TV Production and Episode 
Guides Pertaining to Same; Institution of Investigation Pursuant to 19 
U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 7, 2013, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
E.T. Radcliffe, LLC of Dallas, Texas and Emir Tiar of Coto De Caza, 
California. Supplements to the Complaint were filed June 25, 2013 and 
June 27, 2013. The complaint alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain TV 
programs, literary works for TV production and episode guides 
pertaining to same by reason of infringement of U.S. Copyright 
PAU003415849 (``the '849 copyright''); U.S. Copyright TXU001832727 
(``the '727 copyright''); and U.S. Copyright PAU003639268 (``the '268 
copyright''), and that an industry in the United States exists as 
required by subsection (a)(2) of section 337. The complaint further 
alleges violations of section 337 based upon the importation, the sale 
for importation, and the sale within the United States after 
importation of certain TV programs, literary works for TV production 
and episode guides pertaining to same, by reason of unfair methods of 
competition and unfair acts, the threat or effect of which is to 
destroy or substantially injure an industry in the United States.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: 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.

    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 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 9, 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:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain TV programs, literary works for TV production and episode 
guides pertaining to same by reason of infringement of the '849 
copyright; the '727 copyright; and the '268 copyright, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain TV programs, literary works for TV production and episode 
guides pertaining to same, by reason of unfair methods of competition 
and unfair acts, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (2) 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:

E.T. Radcliffe, LLC, 1445 Ross Avenue, Suite 2700, Dallas, TX 75202.
Emir Tiar, 31785 Via Coyote, Coto De Caza, CA 92679.

    (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:


[[Page 42107]]


The Walt Disney Company, 500 South Buena Vista Street, Burbank, CA 
91521.
Thunderbird Films, Inc., 10675 Santa Monica Boulevard, Suite B, Los 
Angeles, CA 90025.
Mindset Television, Inc., 708-1155 Pender Street, Vancouver, British 
Columbia, V6E 2P4, Canada.

    (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 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(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 complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the 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 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 order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: July 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-16885 Filed 7-12-13; 8:45 am]
BILLING CODE 7020-02-P