Certain Noise Cancelling Headphones and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement, 69129-69130 [2014-27472]

Download as PDF rmajette on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, California (together, ‘‘MediaTek’’); Acer Inc. of New Taipei City, Taiwan; AmTRAN Technology Co. Ltd. of New Taipei, Taiwan; AmTRAN Logistics, Inc. of Irvine, California; ASUSTek Computer Inc. of Taipei, Taiwan; ASUS Computer International, Inc. of Fremont, California; BLU Products, Inc., of Doral, Florida; Sharp Corporation of Osaka, Japan; Sharp Electronics Corporation of Mahwah, New Jersey; Sharp Electronics Manufacturing Company of America, Inc. of San Diego, California; Sony Corporation of Tokyo, Japan; Sony EMCS (Malaysia) of Penang, Malaysia; Toshiba America Information Systems, Inc. of Irvine, California; Toshiba Logistics America, Inc. of Irvine, California; TPV Display Technology (Xiamen) Co. of Fujian, China; Trend Smart America, Ltd. of Lake Forest, California; Vizio, Inc. of Irvine, California; Yamaha Corporation of Buena Park, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Best Buy Co., Inc. of Richfield, Minnesota; Newegg Inc. of City of Industry, California; Buy.com Inc. d/b/ a Rakuten.com Shopping of Aliso Viejo, California; Walmart Stores, Inc. of Bentonville, Arkansas; Amazon.com, Inc. of Seattle, Washington; B&H Foto & Electronics Corp. of New York, New York; and Costco Wholesale Corporation of Issaquah, Washington (collectively, ‘‘Respondents’’). Id. at 37771. The Office of Unfair Import Investigations was also named as a party to the investigation. Id. On September 29, 2014, Freescale and MediaTek filed a joint motion to terminate the entire investigation with prejudice based on a settlement agreement covering all Respondents. On October 3, 2014, Freescale and MediaTek filed a joint motion for leave to file a corrected version of its motion based on comments received from the ALJ’s attorney-advisor and the Commission Investigative Attorney (‘‘IA’’). On October 7, 2014, the IA filed a response to the corrected motion, and contended that the motion should be granted-in-part. The IA stated that the moving parties’ request to have the investigation terminated ‘‘with prejudice’’ should be denied, because the Commission has previously declined to terminate investigations with prejudice. The IA contended that the remainder of the motion complied with the Commission’s rules, so the investigation should be terminated in its entirety without prejudice. On October 16, 2014, the ALJ issued the subject ID, granting the moving VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 parties’ motion to file a corrected motion and granting-in-part the moving parties’ corrected motion. The ALJ declined to terminate the investigation ‘‘with prejudice.’’ The ALJ found that the remainder of the motion complied with the Commission’s rules. Specifically, the ALJ found that the moving parties had submitted their settlement agreement, and had stated that there were no other agreements, written or oral, express or implied, between Freescale and Respondents concerning the subject matter of the investigation, and that the termination of the investigation does not impose any undue burden on 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. The ALJ thus terminated the investigation in its entirety without prejudice based on the settlement agreement. No petitions for review of the 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. Issued: November 14, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–27458 Filed 11–19–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–927] Certain Noise Cancelling Headphones and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 7) issued by the presiding administrative law judge (‘‘ALJ’’) granting a joint motion to terminate the investigation based on a settlement agreement. SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 69129 FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. 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 under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, on September 2, 2014, based on a complaint filed by Bose Corporation of Framingham, Massachusetts (‘‘Bose’’). See 79 FR 52041 (Sep. 2, 2014). The complaint alleges 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 noise cancelling headphones and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,717,537; 8,073,150; 8,073,151; 8,054,992; and 8,345,888. The respondents named in the Commission’s notice of investigation are Beats Electronics, LLC of Culver City, California; Beats Electronics International Ltd. of Dublin, Ireland; Fugang Electronic (Dong Guan) Co. Ltd. of Guang-Dong, China; and PCH International Ltd. of Blackrock, Cork, Ireland (collectively, ‘‘Beats’’). A Commission investigative attorney (‘‘the IA’’) is participating in the investigation. On October 10, 2014, complainant Bose and respondents Beats filed a joint motion to terminate this investigation in its entirety based on a settlement agreement, and a memorandum in support thereof. The IA filed a response supporting the motion. On October 15, 2014, the ALJ issued the subject ID finding that the joint motion complies with the Commission Rules. The ALJ found that termination of the investigation is in the public interest inasmuch as termination would E:\FR\FM\20NON1.SGM 20NON1 69130 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices conserve public and private resources. The ALJ granted the motion. No party petitioned for review of the subject ID. The Commission has determined not to review the 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). Issued: November 17, 2014. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–27472 Filed 11–19–14; 8:45 am] BILLING CODE 7020–02–P 395–5806 (this is not a toll-free number); or by email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: 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. Authority: 44 U.S.C. 3507(a)(1)(D). This ICR seeks to extend PRA authority for the Davis-Bacon Certified Payroll information collection. The Copeland Act requires contractors and subcontractors performing work on federally financed or assisted construction contracts to furnish weekly a statement with respect to the wages paid each employee during the preceding week. See 40 U.S.C. 3145(a); 29 CFR 3.3(b). Regulations 29 CFR 5.5 (a)(3)(ii)(A) requires contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, if the agency is a party to the contract, accompanied by a signed Statement of Compliance indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. See 29 CFR 5.5(a)(3)(ii)(B). The DOL has developed optional use Form WH–347, Payroll Form, to aide contractors and subcontractors performing work on federally financed or assisted construction contracts in meeting weekly payroll reporting requirements. See 29 CFR 5.5(a)(3)(ii)(A); see also, 29 CFR 3.3(b). Properly filled out, this form will satisfy the requirements of Regulations 29 CFR parts 3 and 5 as to payrolls submitted in connection with contracts subject to the Davis-Bacon and Related Acts. Copeland Act section 2 authorizes this information collection. See 40 U.S.C. 3145(a). Consistent with the development of additional tools to increase transparency in the accounting of information collection burdens across Federal agencies, the DOL seeks for the DavisBacon Certified Payroll to be designated a common form that may be used by all Federal agencies. This designation will not change the collection, except that SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; DavisBacon Certified Payroll ACTION: Notice. The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ‘‘DavisBacon Certified Payroll,’’ 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 December 22, 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=201411-1235-001 (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, Attn: OMB Desk Officer for DOL–WHD, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– rmajette on DSK2VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 the burdens associated with the ICR would be apportioned to each contracting agency, in accordance with its use of certified payrolls, instead of all burdens being allocated to the DOL. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1235–0008. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on January 31, 2015. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 9, 2014 (79 FR 33001). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1235–0008. The OMB is particularly interested in comments that: • Evaluate whether the proposed 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 proposed 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, E:\FR\FM\20NON1.SGM 20NON1

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[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Pages 69129-69130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27472]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-927]


Certain Noise Cancelling Headphones and Components Thereof; 
Commission Determination Not To Review an Initial Determination 
Granting a Joint Motion To Terminate the Investigation Based on a 
Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 7) issued by the presiding administrative law judge 
(``ALJ'') granting a joint motion to terminate the investigation based 
on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 
under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, on 
September 2, 2014, based on a complaint filed by Bose Corporation of 
Framingham, Massachusetts (``Bose''). See 79 FR 52041 (Sep. 2, 2014). 
The complaint alleges 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 noise cancelling headphones and components 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
6,717,537; 8,073,150; 8,073,151; 8,054,992; and 8,345,888. The 
respondents named in the Commission's notice of investigation are Beats 
Electronics, LLC of Culver City, California; Beats Electronics 
International Ltd. of Dublin, Ireland; Fugang Electronic (Dong Guan) 
Co. Ltd. of Guang-Dong, China; and PCH International Ltd. of Blackrock, 
Cork, Ireland (collectively, ``Beats''). A Commission investigative 
attorney (``the IA'') is participating in the investigation.
    On October 10, 2014, complainant Bose and respondents Beats filed a 
joint motion to terminate this investigation in its entirety based on a 
settlement agreement, and a memorandum in support thereof. The IA filed 
a response supporting the motion.
    On October 15, 2014, the ALJ issued the subject ID finding that the 
joint motion complies with the Commission Rules. The ALJ found that 
termination of the investigation is in the public interest inasmuch as 
termination would

[[Page 69130]]

conserve public and private resources. The ALJ granted the motion. No 
party petitioned for review of the subject ID. The Commission has 
determined not to review the 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).

    Issued: November 17, 2014.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-27472 Filed 11-19-14; 8:45 am]
BILLING CODE 7020-02-P