Certain Cases for Portable Electronic Devices; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation by the Defaulting Respondents; Request for Written Submissions, 20228-20230 [2014-08164]
Download as PDF
20228
Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices
3. Issues beyond the scope of this plan
amendment.
The BLM will provide an explanation
in the Scoping Report or the EA as to
why an issue was placed in category
two or three. The public is also
encouraged to help identify any
management questions and concerns
that should be addressed in the plan.
The BLM will work collaboratively with
interested parties to identify the
management decisions that are best
suited to local, regional, and national
needs and concerns.
The BLM will use the NEPA public
participation requirements to assist the
agency in satisfying the public
involvement requirements under
Section 106 of the National Historic
Preservation Act (NHPA) (16 U.S.C.
470(f)) pursuant to 36 CFR 800.2(d)(3).
The information about historic and
cultural resources within the area
potentially affected by the proposed
action will assist the BLM in identifying
and evaluating impacts to such
resources in the context of both NEPA
and Section 106 of the NHPA.
The BLM will consult with Indian
tribes on a government-to-government
basis in accordance with Executive
Order 13175 and other policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources, will be given due
consideration. Federal, State, and local
agencies, along with tribes and other
stakeholders that may be interested in or
affected by the proposed action that the
BLM is evaluating, are invited to
participate in the scoping process and,
if eligible, may request or be requested
by the BLM to participate in the
development of the environmental
analysis as a cooperating agency.
Authority: 40 CFR 1501.7 and 43 CFR
1610.2.
Pursuant to section 60.13 of 36 CFR Part
60, written comments are being
accepted concerning the significance of
the nominated properties under the
National Register criteria for evaluation.
Comments may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St. NW., MS 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service,1201 Eye
St. NW., 8th floor, Washington, DC
20005; or by fax, 202–371–6447. Written
or faxed comments should be submitted
by April 28, 2014. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: March 28, 2014.
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
DISTRICT OF COLUMBIA
District of Columbia
Bunker Hill Elementary School (Public
School Buildings of Washington, DC MPS)
1401 Michigan Ave. NE., Washington,
14000186
FLORIDA
Duval County
American Red Cross Volunteer Life Saving
Corps Station, 2 Ocean Front North,
Jacksonville Beach, 14000187
NEVADA
Storey County
Thomas F. Zale,
Field Manager, El Centro Field Office.
[FR Doc. 2014–08213 Filed 4–10–14; 8:45 am]
Hampton—Sullivan House, 168 N. B St.,
Virginia City, 14000188
BILLING CODE 4310–40–P
NEW JERSEY
Bergen County
St. Paul’s Episcopal Church, 113 Engle St.,
Englewood, 14000189
National Park Service
Somerset County
[NPS–WASO–NRNHL–15399;
PPWOCRADI0, PCU00RP14.R50000]
tkelley on DSK3SPTVN1PROD with NOTICES
DEPARTMENT OF THE INTERIOR
Brook Theater, The, 10 Hamilton St., Bound
Brook Borough, 14000190
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
NEW YORK
Fulton County
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before March 22, 2014.
VerDate Mar<15>2010
18:55 Apr 10, 2014
Jkt 232001
Northville Historic District, Roughly Main,
Division & Bridge Sts., Northville,
14000191
Lewis County
Collinsville Cemetery, 4061 East Rd., West
Turin, 14000192
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
Onondaga County
South Salina Street Downtown Historic
District (Boundary Increase), 200, 300, & E.
side of 400 blks. of Warren, 205–209
Jefferson, 400 blk. & 500–550 S. Salina Sts.,
Syracuse, 14000193
PENNSYLVANIA
Allegheny County
Strip Historic District, Roughly bounded by
former Pennsylvania RR. yards, Liberty
Ave., Railroad, 22nd & 15th Sts.,
Pittsburgh, 14000194
Lancaster County
Stehli Silk Mill, 701 Martha Ave. (Manheim
Township), Lancaster, 14000195
WISCONSIN
Florence County
Fulmer, David M. and Lottie, House, 209
Central Ave., Florence, 14000196
Webb, Robert B. and Estelle J., House, 200
Central Ave., Florence, 14000197
[FR Doc. 2014–08096 Filed 4–10–14; 8:45 am]
BILLING CODE 4312–51–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–861/867]
Certain Cases for Portable Electronic
Devices; Commission Determination
Not To Review an Initial Determination
Granting Complainant’s Motion for
Summary Determination of Violation
by the Defaulting Respondents;
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 not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 28) granting summary
determination that the following
defaulting respondents have violated
section 337: Anbess Electronics Co. Ltd.
of Shenzhen, China (‘‘Anbess’’); ROCON
Digital Technology Corp. of Shenzhen,
China (‘‘Rocon’’); Trait Technology
(Shenzhen) Co., Ltd. (d/b/a Trait-Tech)
of Shenzhen, China (‘‘Trait’’); Hongkong
Wexun Ltd. (Wexun Tech (Hong Kong)
Co., Ltd.) of Guangdong, China
(‘‘Wexun’’); SW-Box.com (aka
Cellphonezone Limited) of Sheung Wan,
Hong Kong (‘‘SW-Box’’); and Global
Digital Star Industry, Ltd. of Shenzhen
City, China (‘‘Global’’).
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
SUMMARY:
E:\FR\FM\11APN1.SGM
11APN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices
Washington, DC 20436, telephone (202)
205–3042. 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 at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted Inv. No. 337–
TA–861 on November 16, 2012, based
on a complaint filed by Speculative
Product Design, LLC of Mountain View,
California (‘‘Speck’’). 77 FR 68828 (Nov.
16, 2012). The complaint alleged
violations 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 cases for portable
electronic devices by reason of
infringement of various claims of United
States Patent No. 8,204,561 (‘‘the ’561
patent’’). The complaint named several
respondents.
The Commission instituted Inv. No.
337–TA–867 on January 31, 2013, based
on a complaint filed by Speck. 78 FR
6834 (Jan. 31, 2013). That complaint
also alleged violations of section 337 of
the Tariff Act of 1930 (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 cases for portable
electronic devices by reason of
infringement of various claims of the
’561 patent. The complaint named
several additional respondents. On
January 31, 2013, the Commission
consolidated the two investigations. Id.
All of the respondents that
participated in the investigation have
been terminated from the investigation.
Specifically, respondents JWIN
Electronics Corp., dba iLuv of Port
Washington, New York and Fellowes,
Inc. of Itsaca, Illinois were terminated
from the investigation based upon
settlement agreements. Respondents
Project Horizon, Inc., d/b/a/InMotion
Entertainment of Jacksonville, Florida
and En Jinn Industrial Co., Ltd. of New
Taipei City, Taiwan were terminated
VerDate Mar<15>2010
18:55 Apr 10, 2014
Jkt 232001
from the investigation based upon
consent order stipulations. Respondents
Superior Communications, Inc. of
Irwindale, California and Shengda
Huanqiu Shijie of Shenzhen, China
were terminated from the investigation
based upon withdrawal of allegations
pertaining to them from the complaint.
Respondent Jie Sheng Technology of
Tainan City, Taiwan was terminated
from the investigation based upon
amendment to the complaint and notice
of investigation. Respondent Body
Glove International, LLC of Redondo
Beach, California was terminated from
the investigation based upon a finding
that it had committed no acts in
violation of section 337.
The following respondents were
found in default: Anbess, Rocon, Trait,
Wexun, SW-Box, and Global.
Accordingly, the only parties remaining
active in this investigation are Speck
and the Commission investigative
attorney (‘‘IA’’).
On August 19, 2013, Speck filed a
motion for summary determination that
it has satisfied the domestic industry
requirement under sections 337(a)(3)(A),
(B), and (C) (not including licensing).
On August 19, 2013, the IA filed a
response in support of Speck’s motion
that it has satisfied the domestic
industry requirement under section
337(a)(3)(C). On September 10, 2013, the
ALJ issued an ID (Order No 15) granting
Speck’s motion in part. Specifically, the
ALJ found that Speck established a
domestic industry for the ’561 patent
under section 337(a)(3)(C). On October
23, 2013, the Commission determined
not to review the ID.
On September 30, 2013, the ALJ
granted a motion by Speck to terminate
the investigation as to claims 1–3, 6–8,
10, and 12–16 of the ’561 patent. On
November 11, 2013, the Commission
determined not to review. Thus, claims
4, 5, 9, and 11 remain pending in the
investigation.
On November 15, 2013, Speck filed a
motion for summary determination of
violation with respect to the defaulting
respondents. On November 26, 2013,
the IA filed a response in support of
Speck’s motion. On February 21, 2014,
the presiding ALJ issued the subject ID,
Order No. 28, granting the motion. He
also recommended issuance of a general
exclusion order and the imposition of a
bond of 100 percent of entered value
during the period of Presidential review.
Having considered the subject ID and
the relevant portions of the record, the
Commission has determined not to
review the ID based on the substantial,
reliable, and probative evidence
establishing a violation by the
defaulting respondents.
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
20229
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 the 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 (December 1994)
(Commission Opinion).
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 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: 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.
Complainant and the Commission
investigative attorney are also requested
E:\FR\FM\11APN1.SGM
11APN1
tkelley on DSK3SPTVN1PROD with NOTICES
20230
Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices
to submit proposed remedial orders for
the Commission’s consideration.
Complainant is also requested to state
the date on which the ’561 patent
expires and the HTSUS subheadings
under which the accused products are
imported.
Written submissions must be filed no
later than close of business on April 23,
2014. Reply submissions must be filed
no later than the close of business on
April 30, 2014. Such submissions
should address the ALJ’s recommended
determinations on remedy and bonding
which were made in Order No. 28. No
further submissions on any of 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 eight 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
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–861/867’’) in a prominent place
on the cover page and/or the first page.
(See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
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.
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: April 8, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014–08164 Filed 4–10–14; 8:45 am]
BILLING CODE 7020–02–P
VerDate Mar<15>2010
18:55 Apr 10, 2014
Jkt 232001
INTERNATIONAL TRADE
COMMISSION
DEPARTMENT OF JUSTICE
[Investigation Nos. 731–TA–1140–1142
(Review)]
Uncovered Innerspring Units from
China, South Africa, and Vietnam
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; New
Collection; 2014 Census of Adult
Probation Supervising Agencies
Determinations
AGENCY:
[OMB Number 1121–NEW]
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (Commission) determines,2
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)), that
revocation of the antidumping duty
orders on uncovered innerspring units
from China, South Africa, and Vietnam
would be likely to lead to continuation
or recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
Background
The Commission instituted these
reviews on November 1, 2013 (78 FR
65711) and determined on February 4,
2014 that it would conduct expedited
reviews (79 FR 11466, February 28,
2014).
The Commission completed and filed
its determinations in these reviews on
April 7, 2014.3 The views of the
Commission are contained in USITC
Publication 4459 (April 2014), entitled
Uncovered Innerspring Units from
China, South Africa, and Vietnam:
Investigation Nos. 731–TA–1140–1142
(Review).
By order of the Commission.
Issued: April 8, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014–08161 Filed 4–10–14; 8:45 am]
BILLING CODE 7020–02–P
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioner Shara L. Aranoff did not
participate in these reviews.
3 The Commission has the authority to toll
statutory deadlines during a period when the
government is closed. Because the Commission was
closed on December 10, 2013, January 21, 2014,
February 13, 2014, March 10, 2014, and March 17,
2014 due to inclement weather in Washington, DC,
the statutory deadlines reflect the tolling of
deadlines by five days.
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
Bureau of Justice Statistics,
Department of Justice.
ACTION: 30-day notice.
The Department of Justice
(DOJ), Office of Justice Programs, will be
submitting the following information
collection to the Office of Management
and Budget (OMB) for review and
approval in accordance with the
Paperwork Reduction Act of 1995. The
proposed information collection was
previously published in the Federal
Register Volume 79, Number 27, pages
7701–7702, on February 10, 2014,
allowing a 60-day comment period.
DATES: Comments are encouraged and
will be accepted for ‘‘thirty days’’ until
May 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden or associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503 or send
to OIRA_submission@omb.eop.gov.
SUPPLEMENTARY INFORMATION: This
process is conducted in accordance with
5 CFR 1320.10. Request written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the collection of
information is necessary for the
proper performance of the functions
of the agency, including whether the
information will have practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
collection of information, including
the validity of the methodology and
assumptions used;
—Enhance the quality, utility and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.
SUMMARY:
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20228-20230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08164]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-861/867]
Certain Cases for Portable Electronic Devices; Commission
Determination Not To Review an Initial Determination Granting
Complainant's Motion for Summary Determination of Violation by the
Defaulting Respondents; 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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 28)
granting summary determination that the following defaulting
respondents have violated section 337: Anbess Electronics Co. Ltd. of
Shenzhen, China (``Anbess''); ROCON Digital Technology Corp. of
Shenzhen, China (``Rocon''); Trait Technology (Shenzhen) Co., Ltd. (d/
b/a Trait-Tech) of Shenzhen, China (``Trait''); Hongkong Wexun Ltd.
(Wexun Tech (Hong Kong) Co., Ltd.) of Guangdong, China (``Wexun''); SW-Box.com (aka Cellphonezone Limited) of Sheung Wan, Hong Kong (``SW-
Box''); and Global Digital Star Industry, Ltd. of Shenzhen City, China
(``Global'').
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
[[Page 20229]]
Washington, DC 20436, telephone (202) 205-3042. 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 at
https://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
861 on November 16, 2012, based on a complaint filed by Speculative
Product Design, LLC of Mountain View, California (``Speck''). 77 FR
68828 (Nov. 16, 2012). The complaint alleged violations 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 cases for
portable electronic devices by reason of infringement of various claims
of United States Patent No. 8,204,561 (``the '561 patent''). The
complaint named several respondents.
The Commission instituted Inv. No. 337-TA-867 on January 31, 2013,
based on a complaint filed by Speck. 78 FR 6834 (Jan. 31, 2013). That
complaint also alleged violations of section 337 of the Tariff Act of
1930 (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 cases for portable electronic devices by reason
of infringement of various claims of the '561 patent. The complaint
named several additional respondents. On January 31, 2013, the
Commission consolidated the two investigations. Id.
All of the respondents that participated in the investigation have
been terminated from the investigation. Specifically, respondents JWIN
Electronics Corp., dba iLuv of Port Washington, New York and Fellowes,
Inc. of Itsaca, Illinois were terminated from the investigation based
upon settlement agreements. Respondents Project Horizon, Inc., d/b/a/
InMotion Entertainment of Jacksonville, Florida and En Jinn Industrial
Co., Ltd. of New Taipei City, Taiwan were terminated from the
investigation based upon consent order stipulations. Respondents
Superior Communications, Inc. of Irwindale, California and Shengda
Huanqiu Shijie of Shenzhen, China were terminated from the
investigation based upon withdrawal of allegations pertaining to them
from the complaint. Respondent Jie Sheng Technology of Tainan City,
Taiwan was terminated from the investigation based upon amendment to
the complaint and notice of investigation. Respondent Body Glove
International, LLC of Redondo Beach, California was terminated from the
investigation based upon a finding that it had committed no acts in
violation of section 337.
The following respondents were found in default: Anbess, Rocon,
Trait, Wexun, SW-Box, and Global. Accordingly, the only parties
remaining active in this investigation are Speck and the Commission
investigative attorney (``IA'').
On August 19, 2013, Speck filed a motion for summary determination
that it has satisfied the domestic industry requirement under sections
337(a)(3)(A), (B), and (C) (not including licensing). On August 19,
2013, the IA filed a response in support of Speck's motion that it has
satisfied the domestic industry requirement under section 337(a)(3)(C).
On September 10, 2013, the ALJ issued an ID (Order No 15) granting
Speck's motion in part. Specifically, the ALJ found that Speck
established a domestic industry for the '561 patent under section
337(a)(3)(C). On October 23, 2013, the Commission determined not to
review the ID.
On September 30, 2013, the ALJ granted a motion by Speck to
terminate the investigation as to claims 1-3, 6-8, 10, and 12-16 of the
'561 patent. On November 11, 2013, the Commission determined not to
review. Thus, claims 4, 5, 9, and 11 remain pending in the
investigation.
On November 15, 2013, Speck filed a motion for summary
determination of violation with respect to the defaulting respondents.
On November 26, 2013, the IA filed a response in support of Speck's
motion. On February 21, 2014, the presiding ALJ issued the subject ID,
Order No. 28, granting the motion. He also recommended issuance of a
general exclusion order and the imposition of a bond of 100 percent of
entered value during the period of Presidential review.
Having considered the subject ID and the relevant portions of the
record, the Commission has determined not to review the ID based on the
substantial, reliable, and probative evidence establishing a violation
by the defaulting respondents.
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 the
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 (December 1994)
(Commission Opinion).
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 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: 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. Complainant and the Commission investigative attorney are
also requested
[[Page 20230]]
to submit proposed remedial orders for the Commission's consideration.
Complainant is also requested to state the date on which the '561
patent expires and the HTSUS subheadings under which the accused
products are imported.
Written submissions must be filed no later than close of business
on April 23, 2014. Reply submissions must be filed no later than the
close of business on April 30, 2014. Such submissions should address
the ALJ's recommended determinations on remedy and bonding which were
made in Order No. 28. No further submissions on any of 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 eight
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 210.4(f)). Submissions should refer to the
investigation number (``Inv. No. 337-TA-861/867'') in a prominent place
on the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). 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.
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: April 8, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-08164 Filed 4-10-14; 8:45 am]
BILLING CODE 7020-02-P