Certain Rubber Resins and Processes for Manufacturing Same; Commission Determination To Review the Final Initial Determination of the Administrative Law Judge; Schedule for Filing Written Submissions on Review, 56734-56736 [2013-22263]
Download as PDF
56734
Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices
request to the Logan Museum of
Anthropology, Beloit College. If no
additional requestors come forward,
transfer of control of the human remains
and associated funerary objects to the
lineal descendants, Indian tribes, or
Native Hawaiian organizations stated in
this notice may proceed.
DATES: Lineal descendants or
representatives of any Indian tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains and associated funerary
objects should submit a written request
with information in support of the
request to the Logan Museum of
Anthropology, Beloit College, at the
address in this notice by October 15,
2013.
ADDRESSES: William Green, Director,
Logan Museum of Anthropology, Beloit
College, Beloit, WI 53511, telephone
(608) 363–2119, email greenb@
beloit.edu.
SUPPLEMENTARY INFORMATION: Notice is
here given in accordance with the
Native American Graves Protection and
Repatriation Act (NAGPRA), 25 U.S.C.
3003, of the completion of an inventory
of human remains and associated
funerary objects under the control of the
Logan Museum of Anthropology, Beloit
College, Beloit, WI. The human remains
and associated funerary objects were
removed from Saline County, AR.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003 (d)(3). The determinations
in this notice are the sole responsibility
of the museum, institution, or Federal
agency that has control of the Native
American human remains and
associated funerary objects. The
National Park Service is not responsible
for the determinations in this notice.
tkelley on DSK3SPTVN1PROD with NOTICES
Consultation
A detailed assessment of the human
remains and associated funerary objects
was made by the Logan Museum of
Anthropology, Beloit College,
professional staff in consultation with
representatives of the Caddo Nation of
Oklahoma.
History and Description of the Remains
In 1931, human remains representing,
at minimum, one individual were
removed from a mound near Benton,
AR, by Paul H. Nesbitt, curator of
anthropology at the Logan Museum of
Anthropology, Beloit College, and Frank
Ellis, owner of the Ellis Museum of
Archaeology and Anthropology,
Maquoketa, IA. The mound was situated
near the Saline River, but the precise
VerDate Mar<15>2010
18:23 Sep 12, 2013
Jkt 229001
site location is unknown. Museum
records state that Nesbitt and Ellis were
‘‘studying the mound groups’’ of the
Benton vicinity, and the two men
excavated one burial, made surface
collections at several locations, and
obtained material from another
collector. According to museum records,
‘‘[m]ost of the material was found on
Mr. Ellis’s land along the Saline River’’
near Benton, AR. After removal, the
human remains and associated funerary
objects were accessioned into the Logan
Museum’s collection. The human
remains are those of an adult male. No
known individuals were identified. The
83 associated funerary objects are 1
ceramic bowl, 1 ceramic tripod bottle, 1
broken ceramic jar, 2 chipped-stone
picks or chisels, 1 ground and scored
rectangular stone object, 2 ground stone
knives, 33 bivalve shells, 30 ceramic
sherds, 10 mammal elements, 1 turtle
shell fragment, and fragments of
charcoal.
The human remains are Native
American based on the method of
interment, associated funerary objects,
and physical characteristics. The
ceramic bowl is a shell-tempered,
carinated vessel that is a two-panel
example of Friendship Engraved var.
Freeman. Its form, more common in the
Ouachita River drainage than along the
Saline River, is diagnostic of the MidOuachita phase, dating to A.D. 1400–
1500. Because the bowl is shelltempered, it was probably made late in
that period. The tripod bottle has a
composite design, and Arkansas
Archeological Survey archaeologist
Mary Beth Trubitt observed that ‘‘the
ovals and crosshatched design on the
body are typically found on Friendship
Engraved carinated bowls,’’ while ‘‘the
horizontal line with pendant
crosshatched triangles around the bottle
neck is often seen around rims of bowls
(Hempstead Engraved bowls that are
usually grog-tempered, or Hardman
Engraved bowls that are usually shelltempered).’’ This evidence points to an
estimated date for the bottle in the late
1400s.
The bowl and the tripod bottle, both
of which feature nearly identical
designs, exhibit well-documented Late
Caddo styles. The Benton, AR, area is in
the northeastern portion of the
traditional homeland of the Caddo
Nation of Oklahoma. Significant Caddo
archaeological sites such as Hughes
Mound are located near Benton, AR.
Archaeological and ethno-historical
evidence indicates a relationship of
shared group identity between the
present-day Caddo Nation of Oklahoma
and late prehistoric Caddo groups.
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
Determinations Made by the Logan
Museum of Anthropology, Beloit
College
Officials of the Logan Museum of
Anthropology, Beloit College have
determined that:
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of one
individual of Native American ancestry.
• Pursuant to 25 U.S.C. 3001(3)(A),
the 83 objects described in this notice
are reasonably believed to have been
placed with or near individual human
remains at the time of death or later as
part of the death rite or ceremony.
• Pursuant to 25 U.S.C. 3001(2), there
is a relationship of shared group
identity that can be reasonably traced
between the Native American human
remains and associated funerary objects
and the Caddo Nation of Oklahoma.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains and associated
funerary objects should submit a written
request with information in support of
the request to William Green, Director,
Logan Museum of Anthropology, Beloit
College, Beloit, WI 53511, telephone
(608) 363–2119, email greenb@
beloit.edu, by October 15, 2013. After
that date, if no additional requestors
have come forward, transfer of control
of the human remains and associated
funerary objects to the Caddo Nation of
Oklahoma may proceed.
The Logan Museum of Anthropology,
Beloit College, is responsible for
notifying the Caddo Nation of Oklahoma
that this notice has been published.
Dated: August 21, 2013.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2013–22249 Filed 9–12–13; 8:45 am]
BILLING CODE 4312–50–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–849]
Certain Rubber Resins and Processes
for Manufacturing Same; Commission
Determination To Review the Final
Initial Determination of the
Administrative Law Judge; Schedule
for Filing Written Submissions on
Review
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
the final initial determination (‘‘final
ID’’ or ‘‘ID’’) in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT:
James A. Worth, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3065. 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
information concerning the Commission
may also be obtained by accessing its
Internet server (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. 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: The
Commission instituted this investigation
on June 26, 2012, based on a complaint
on behalf of SI Group, Inc. of
Schenectady, New York (‘‘SI Group’’ or
‘‘SI’’) on May 21, 2012, as supplemented
on June 12, 2012. 77 FR 38083 (June 26,
2012). The complaint alleged violations
of Section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘Section
337’’), in the sale for importation,
importation, or sale after importation
into the United States of certain rubber
resins by reason of misappropriation of
trade secrets, 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 as respondents Red
Avenue Chemical Corp. of America of
Rochester, New York; Thomas R.
Crumlish, Jr. of Rochester, New York;
Precision Measurement International
LLC of Westland, Michigan; Sino
Legend (Zhangjiagang) Chemical Co.,
Ltd. of Zhangjiagang City, China; Sino
Legend Holding Group, Inc. c/o Mr.
Richard A. Peters of Kowloon, Hong
Kong; Sino Legend Holding Group Ltd.
of Hong Kong; Hong Kong Sino Legend
Group, Ltd. of North Point, Hong Kong;
Red Avenue Chemical Co. Ltd. of
Shanghai, China; Ning Zhang of North
Vancouver, Canada; Quanhai Yang of
Beijing, China; and Shanghai Lunsai
International Trading Company of
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:23 Sep 12, 2013
Jkt 229001
Shanghai City, China. A Commission
investigative attorney is participating in
this investigation.
On January 14, 2013, the Commission
issued notice of its determination not to
review an ID to amend the complaint
and notice of investigation to add Red
Avenue Group Limited of Kowloon,
Hong Kong; Sino Legend Holding Group
Inc. of Majuro, Marshall Islands; Gold
Dynasty Limited c/o ATC Trustees
(Cayman) Limited of Grand Cayman,
Cayman Islands; and Elite Holding
Group Inc. c/o Morgan & Morgan Trust
Corporation (Belize) Limited of Belize
City, Belize as respondents. 78 FR 3817
(January 17, 2013).
On June 17, 2013, the presiding
administrative law judge issued his final
ID, finding a violation of Section 337.
On July 1, 2013, SI and the Respondents
filed petitions for review. On July 9,
2013, SI, the Respondents, and the
Commission investigative attorney filed
responses thereto.
On July 16, 2013, Respondents filed a
notice of new authority. On July 24,
2013, the Complainant submitted an
objection to the notice of new authority.
The following parties and members of
the public have submitted statements on
the public interest: The Complainant
(July 17, 2013); the New York State
Chemical Alliance (August 13, 2013);
and the American Chemistry Council
(August 14, 2013).
After considering the ID and the
relevant portions of the record, the
Commission has determined to review
the ID in its entirety.
The parties should brief their
positions on the issues under review
with reference to the applicable law and
the evidentiary record. In connection
with its review, the Commission is
particularly interested in responses to
the following questions:
[CONFIDENTIAL BUSINESS
INFORMATION DELETED]
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in a respondent being required to
cease and desist from engaging in unfair
acts in the importation and sale of such
articles. 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
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
56735
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 9
(December 1994).
If 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.
If the Commission orders some form
of remedy, the United States 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 are requested to file
written submissions on the issues
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding. Complainant
and the Commission investigative
attorney are also requested to submit
proposed remedial orders for the
Commission’s consideration.
Complainant is also requested to state
the date that the patents expire and the
HTSUS subheadings under which the
accused products are imported. The
written submissions and proposed
remedial orders must be filed no later
than close of business on September 23,
2013. Reply submissions must be filed
no later than the close of business on
September 30, 2012. The written
submissions must be no longer than 50
E:\FR\FM\13SEN1.SGM
13SEN1
56736
Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices
pages and the reply submissions must
be no longer than 25 pages. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must do so in accordance with
Commission rule 210.4(f), 19 CFR
210.4(f), which requires electronic
filing. The original document and 8 true
copies thereof must also be filed on or
before the deadlines stated above with
the Office of the Secretary. Any person
desiring to submit a document 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 and on EDIS.
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 part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: September 9, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–22263 Filed 9–12–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–882]
Certain Digital Media Devices,
Including Televisions, Blu-Ray Disc
Players, Home Theater Systems,
Tablets and Mobile Phones,
Components Thereof and Associated
Software; Commission Determination
not to Review an Initial Determination
Granting Intervenor Status to Google,
Inc.
U.S. International Trade
Commission.
ACTION: Notice.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 17) issued by the presiding
administrative law judge (‘‘ALJ’’) on
SUMMARY:
VerDate Mar<15>2010
18:23 Sep 12, 2013
Jkt 229001
August 19, 2013, granting intervenor
status to Google, Inc.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–5468. 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
information concerning the Commission
may also be obtained by accessing its
Internet server (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.
The
Commission instituted this investigation
on May 7, 2013, based on a complaint
filed by Black Hills Media, LLC
(‘‘BHM’’). 78 FR 29156–57. The
complaint alleges violations of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), in the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain digital
media devices, including televisions,
blu-ray disc players, home theater
systems, tablets and mobile phones,
components thereof and associated
software, by reason of infringement of
certain claims of U.S. Patent Nos.
6,618,593; 8,028,323; 8,045,952;
8,050,652; 8,214,873; and 8,230,099.
The Commission’s notice of
investigation named as respondents
several Samsung, LG, Panasonic,
Toshiba, and Sharp entities.
On July 26, 2013, Google, Inc.
(‘‘Google’’) moved to intervene in the
investigation, stating that it had a
compelling interest in this investigation
because the complaint’s claim charts
relied upon the functionality of Google’s
software as incorporated on
respondents’ products, and Google has
an interest in the continued importation
and sale of products utilizing Google’s
software. Google further argued that the
respondents would not adequately
protect Google’s interest because
respondents would likely focus on
defending their own accused products,
rather than defend Google’s software.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00091
Fmt 4703
Sfmt 9990
The respondents all supported Google’s
proposed intervention.
On August 5, 2013, Staff opposed
Google’s motion, assuming that BHM,
by opposing intervention, had chosen
not to rely upon Google’s products in
this investigation. Staff stated that it
would likely support intervention if
BHM’s opposition did not disclaim
reliance on Google products. Later that
day, BHM opposed Google’s motion,
arguing that the motion was untimely,
that Google failed to identify an
adequate interest, and that Google’s
interests were adequately represented
by the respondents. BHM did not
disclaim reliance upon Google products.
Staff then supported Google’s motion.
See Prehearing Tr. at 38–40.
On August 19, 2013, the ALJ issued
the subject ID granting intervenor status
to Google. The ALJ found that Google’s
motion was timely. The ALJ further
found that Google has an interest in
protecting its products from the
allegations presented in BHM’s claim
charts, and that the disposition of this
investigation may as a practical matter
impair Google’s ability to protect that
interest. The ALJ also determined that
respondents may not adequately
represent Google’s interest. The ALJ also
found that the investigation was in the
early stages of discovery, so Google’s
intervention would not cause undue
delay or prejudice the original parties’
rights. No petitions for review of the
subject ID were filed.
The Commission has determined not
to review the subject ID.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Dated: September 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–22339 Filed 9–12–13; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\13SEN1.SGM
13SEN1
Agencies
[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56734-56736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22263]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-849]
Certain Rubber Resins and Processes for Manufacturing Same;
Commission Determination To Review the Final Initial Determination of
the Administrative Law Judge; Schedule for Filing Written Submissions
on Review
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 56735]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review the final initial determination
(``final ID'' or ``ID'') in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3065. 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 information concerning the Commission
may also be obtained by accessing its Internet server (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 this investigation
on June 26, 2012, based on a complaint on behalf of SI Group, Inc. of
Schenectady, New York (``SI Group'' or ``SI'') on May 21, 2012, as
supplemented on June 12, 2012. 77 FR 38083 (June 26, 2012). The
complaint alleged violations of Section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (``Section 337''), in the sale for
importation, importation, or sale after importation into the United
States of certain rubber resins by reason of misappropriation of trade
secrets, 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 as respondents Red Avenue Chemical Corp. of America
of Rochester, New York; Thomas R. Crumlish, Jr. of Rochester, New York;
Precision Measurement International LLC of Westland, Michigan; Sino
Legend (Zhangjiagang) Chemical Co., Ltd. of Zhangjiagang City, China;
Sino Legend Holding Group, Inc. c/o Mr. Richard A. Peters of Kowloon,
Hong Kong; Sino Legend Holding Group Ltd. of Hong Kong; Hong Kong Sino
Legend Group, Ltd. of North Point, Hong Kong; Red Avenue Chemical Co.
Ltd. of Shanghai, China; Ning Zhang of North Vancouver, Canada; Quanhai
Yang of Beijing, China; and Shanghai Lunsai International Trading
Company of Shanghai City, China. A Commission investigative attorney is
participating in this investigation.
On January 14, 2013, the Commission issued notice of its
determination not to review an ID to amend the complaint and notice of
investigation to add Red Avenue Group Limited of Kowloon, Hong Kong;
Sino Legend Holding Group Inc. of Majuro, Marshall Islands; Gold
Dynasty Limited c/o ATC Trustees (Cayman) Limited of Grand Cayman,
Cayman Islands; and Elite Holding Group Inc. c/o Morgan & Morgan Trust
Corporation (Belize) Limited of Belize City, Belize as respondents. 78
FR 3817 (January 17, 2013).
On June 17, 2013, the presiding administrative law judge issued his
final ID, finding a violation of Section 337. On July 1, 2013, SI and
the Respondents filed petitions for review. On July 9, 2013, SI, the
Respondents, and the Commission investigative attorney filed responses
thereto.
On July 16, 2013, Respondents filed a notice of new authority. On
July 24, 2013, the Complainant submitted an objection to the notice of
new authority.
The following parties and members of the public have submitted
statements on the public interest: The Complainant (July 17, 2013); the
New York State Chemical Alliance (August 13, 2013); and the American
Chemistry Council (August 14, 2013).
After considering the ID and the relevant portions of the record,
the Commission has determined to review the ID in its entirety.
The parties should brief their positions on the issues under review
with reference to the applicable law and the evidentiary record. In
connection with its review, the Commission is particularly interested
in responses to the following questions:
[CONFIDENTIAL BUSINESS INFORMATION DELETED]
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in a
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. 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 9
(December 1994).
If 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.
If the Commission orders some form of remedy, the United States
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 are requested
to file written submissions on the issues identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding. Complainant and the Commission investigative
attorney are also requested to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to state the
date that the patents expire and the HTSUS subheadings under which the
accused products are imported. The written submissions and proposed
remedial orders must be filed no later than close of business on
September 23, 2013. Reply submissions must be filed no later than the
close of business on September 30, 2012. The written submissions must
be no longer than 50
[[Page 56736]]
pages and the reply submissions must be no longer than 25 pages. No
further submissions on these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must do so in accordance with
Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic
filing. The original document and 8 true copies thereof must also be
filed on or before the deadlines stated above with the Office of the
Secretary. Any person desiring to submit a document 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 non-confidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.
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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: September 9, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22263 Filed 9-12-13; 8:45 am]
BILLING CODE 7020-02-P