Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 38330-38331 [2014-15709]

Download as PDF 38330 Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices 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. Michael P. Campbell, Associate Deputy State Director for Communications. [FR Doc. 2014–15754 Filed 7–3–14; 8:45 am] BILLING CODE 4310–33–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–Ta–823 (Advisory Opinion Proceeding)] Certain Kinesiotherapy Devices and Components Thereof; Commission Decision To Adopt a Report Issued by the Office of Unfair Import Investigations as an Advisory Opinion U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has decided to adopt the report prepared by the Office of Unfair Import Investigations (‘‘OUII’’) as the Commission’s advisory opinion in the above-captioned proceeding. FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2737. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 10, 2012, based on a complaint filed by Standard Innovation Corporation of Ottawa, ON, Canada and Standard Innovation (US) Corp. of mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:59 Jul 03, 2014 Jkt 232001 Wilmington, Delaware (collectively, ‘‘Standard Innovation’’). 77 FR 1504–05 (Jan. 10, 2012). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by reason of infringement of certain claims of United States Patent Nos. 7,931,605 (‘‘the ’605 patent’’) and D605,779 (‘‘the ’779 patent’’). The complaint named twenty-one business entities as respondents, including Lelo Inc. and Leloi AB (collectively, ‘‘Lelo’’). On July 25, 2012, the Commission determined not to review an ID (Order No. 25) granting complainants’ motion to withdraw the ’779 patent from the investigation. On June 17, 2013, the Commission issued its final determination finding that Standard Innovation had proven a violation of section 337 based on the infringement of the asserted claims of the ’605 patent. Based on evidence of a pattern of violation and difficulty ascertaining the source of the infringing products, the Commission issued a general exclusion order against certain kinesiotherapy devices and components thereof that infringe the asserted claims of the ’605 patent. The Commission also issued cease and desist orders against certain respondents, including Lelo Inc. On September 30, 2013, Lelo filed a request with the Commission asking for institution of an advisory opinion proceeding to declare that its new kinesiotherapy devices are not covered by the general exclusion order or the cease and desist order issued against Lelo Inc. Standard Innovation filed a response on November 12, 2013, opposing Lelo’s request. On February 7, 2014, the Commission determined that Lelo’s request complied with the requirements for institution of an advisory opinion proceeding under Commission Rule 210.79. The Commission therefore determined to institute an advisory opinion proceeding and assigned the proceeding to OUII. 79 FR 8731–32 (Feb.13, 2014). The Commission assigned OUII the task of investigating and preparing a report concerning Lelo’s new kinesiotherapy devices, and it named Standard Innovation and Lelo as parties to the proceeding. On May 5, 2014, OUII issued a report concluding that the new kinesiotherapy devices developed by Lelo are not covered by the general exclusion order and cease and desist order against Lelo, Inc. issued in the underlying investigation. In so doing, OUII concluded, inter alia, that (1) Lelo met its burden of showing non-infringement with respect to the claim term ‘‘elongate outer arm;’’ (2) Lelo failed to meet its burden of showing non-infringement PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 with respect to the claim element ‘‘at least one of the inner and outer arms are generally tear-drop shaped.’’ On May 15, 2014, Standard Innovation and Lelo filed comments on the report prepared by OUII. On May 22, 2014, Standard Innovation and Lelo filed replies to the comments. After reviewing the report and the submissions of Standard Innovation and Lelo, the Commission has decided to adopt the report issued by OUII as its advisory opinion in this proceeding. 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: June 30, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–15717 Filed 7–3–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. AGENCY: ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Devices Containing Non-Volatile Memory and Products Containing the Same, DN 3020; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing under section 210.8(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(b)). SUMMARY: Lisa R. Barton, 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 Document Information System (EDIS) at EDIS,1 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 FOR FURTHER INFORMATION CONTACT: 1 Electronic Document Information System (EDIS): http://edis.usitc.gov. E:\FR\FM\07JYN1.SGM 07JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at EDIS.3 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 has received a complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Macronix International Co., Ltd. and Macronix America, Inc. on June 27, 2014. The complaint alleges 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 devices containing non-volatile memory and products containing the same. The complaint names as respondents Spansion Inc. of Sunnyvale, CA; Spansion LLC of Sunnyvale, CA; Spansion (Thailand) Ltd. of Thailand; Aerohive Networks, Inc. of Sunnvvale, CA; Allied Telesis, Inc. of Bothell, WA; Ciena Corporation of Hanover, MD; Delphi Automotive PLC of United Kingdom; Delphi Automotive Systems, LLC of Troy, MI; Polycom, Inc. of San Jose, CA; Ruckus Wireless, Inc. of Sunnyvale, CA; ShoreTel Inc. of Sunnvvale, CA; Tellabs, Inc. of Naperville, IL; Tellabs North America, Inc. of Naperville, IL and TiVo Inc. of San Jose, CA. The complainant requests that the Commission issue a general exclusion order and cease and desist orders. Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant 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 2 United States International Trade Commission (USITC): http://edis.usitc.gov. 3 Electronic Document Information System (EDIS): http://edis.usitc.gov. VerDate Mar<15>2010 15:59 Jul 03, 2014 Jkt 232001 United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial 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 requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No.3020’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4). 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 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 38331 treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS 5. 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 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: June 30, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–15709 Filed 7–3–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Rock Burst Control Plan, (Pertains To Underground Metal/Nonmetal Mines) ACTION: Notice. The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ‘‘Rock Burst Control Plan, (Pertains to Underground Metal/ Nonmetal Mines),’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before August 6, 2014. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201403-1219-005 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, SUMMARY: 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Pages 38330-38331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15709]


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

INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Devices Containing 
Non-Volatile Memory and Products Containing the Same, DN 3020; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing under section 210.8(b) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, 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 Document 
Information System (EDIS) at EDIS,\1\ 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

[[Page 38331]]

Street SW., Washington, DC 20436, telephone (202) 205-2000.
---------------------------------------------------------------------------

    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
---------------------------------------------------------------------------

    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
---------------------------------------------------------------------------

    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Macronix International Co., 
Ltd. and Macronix America, Inc. on June 27, 2014. The complaint alleges 
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 devices 
containing non-volatile memory and products containing the same. The 
complaint names as respondents Spansion Inc. of Sunnyvale, CA; Spansion 
LLC of Sunnyvale, CA; Spansion (Thailand) Ltd. of Thailand; Aerohive 
Networks, Inc. of Sunnvvale, CA; Allied Telesis, Inc. of Bothell, WA; 
Ciena Corporation of Hanover, MD; Delphi Automotive PLC of United 
Kingdom; Delphi Automotive Systems, LLC of Troy, MI; Polycom, Inc. of 
San Jose, CA; Ruckus Wireless, Inc. of Sunnyvale, CA; ShoreTel Inc. of 
Sunnvvale, CA; Tellabs, Inc. of Naperville, IL; Tellabs North America, 
Inc. of Naperville, IL and TiVo Inc. of San Jose, CA. The complainant 
requests that the Commission issue a general exclusion order and cease 
and desist orders.
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant 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 requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial 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 requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No.3020'') in a prominent place on the cover page and/
or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \4\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
---------------------------------------------------------------------------

    Any person desiring to submit a document 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. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS \5\.
---------------------------------------------------------------------------

    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
---------------------------------------------------------------------------

    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 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-15709 Filed 7-3-14; 8:45 am]
BILLING CODE 7020-02-P