Certain Loom Kits for Creating Linked Articles: Commission Determination To Review an Initial Determination in Part and, on Review, To Affirm a Finding of Violation With Modifications; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 16023-16025 [2015-06898]
Download as PDF
Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices
election of Council leadership. BLM
staff will update RAC members on the
travel plan process and upcoming
landscape projects. Agenda items and
location may change due to changing
circumstances. The public may present
written or oral comments to members of
the Council. At each full RAC meeting,
time is provided in the agenda for
hearing public comments. Depending on
the number of persons wishing to
comment and time available, the time
for individual oral comments may be
limited. Individuals who plan to attend
and need special assistance should
contact the BLM Coordinator as
provided above. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
Dated: March 19, 2015.
James M. Fincher,
District Manager.
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
The plat
incorporating the field notes of the
dependent resurvey in Township 13
South, Range 69 West, Sixth Principal
Meridian, Colorado, was accepted on
March 11, 2015.
SUPPLEMENTARY INFORMATION:
Randy Bloom,
Chief Cadastral Surveyor for Colorado.
[FR Doc. 2015–06911 Filed 3–25–15; 8:45 am]
BILLING CODE 4310–JB–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–15–010]
Sunshine Act Meeting
[FR Doc. 2015–06904 Filed 3–25–15; 8:45 am]
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
BILLING CODE 4310–GG–P
TIME AND DATE:
DEPARTMENT OF THE INTERIOR
March 31, 2015 at 9:30
a.m.
Room 101, 500 E Street SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
PLACE:
Bureau of Land Management
[LLCO956000 L14400000.BJ0000]
Notice of Filing of Plats of Survey;
Colorado
STATUS:
Bureau of Land Management,
Interior.
ACTION: Notice of Filing of Plats of
Survey; Colorado.
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote in Inv. Nos. 701–TA–432,
731–TA–1024–1028, and AA1921–188
(Second Review) (Prestressed Concrete
Steel Wire Strand from Brazil, India,
Japan, Korea, Mexico, and Thailand).
The Commission is currently scheduled
to complete and file its determinations
and views of the Commission on April
10, 2015.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
AGENCY:
The Bureau of Land
Management (BLM) Colorado State
Office is publishing this notice to
inform the public of the intent to
officially file the survey plat listed
below and afford a proper period of time
to protest this action prior to the plat
filing. During this time, the plat will be
available for review in the BLM
Colorado State Office.
DATES: Unless there are protests of this
action, the filing of the plat described in
this notice will happen on April 27,
2015.
ADDRESSES: BLM Colorado State Office,
Cadastral Survey, 2850 Youngfield
Street, Lakewood, CO 80215–7093.
FOR FURTHER INFORMATION CONTACT:
Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856.
Persons who use a
telecommunications device for the deaf
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:55 Mar 25, 2015
Jkt 235001
Open to the public.
MATTERS TO BE CONSIDERED:
By order of the Commission.
Issued: March 24, 2015.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2015–07022 Filed 3–24–15; 11:15 am]
BILLING CODE 7020–02–P
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
16023
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–923 Remand]
Certain Loom Kits for Creating Linked
Articles: Commission Determination
To Review an Initial Determination in
Part and, on Review, To Affirm a
Finding of Violation With
Modifications; Request for Written
Submissions on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part an initial determination (‘‘ID’’)
(Order No. 13) issued by the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned investigation.
Particularly, the Commission has
determined to review the determination
on domestic industry in the ID. Upon
review, the Commission affirms a
finding of domestic industry with
modifications. The Commission’s
determination results in a determination
of a violation of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C. 1337
or ‘‘section 337’’). Accordingly, the
Commission requests written
submissions, under the schedule set
forth below, on remedy, public interest,
and bonding.
FOR FURTHER INFORMATION CONTACT:
Clark S. Cheney, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–2661. 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 August 6, 2014, based on a complaint
filed by Choon’s Design, Inc., of Wixom,
Michigan (‘‘Choon’s’’). 79 FR 45844–45
SUMMARY:
E:\FR\FM\26MRN1.SGM
26MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
16024
Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices
(August 6, 2014). The complaint alleged
violations of section 337 by reason of
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain loom kits for
creating linked articles that infringe U.S.
Patent No. 8,485,565 (‘‘the ’565 patent’’).
The notice of investigation named
thirteen respondents, all of which either
have been found in default or
terminated from this investigation. See
Notice of Commission Determination
Not to Review an Initial Determination
Terminating the Investigation as to
Respondent Creative Kidstuff, LLC
(September 26, 2014); Notice of
Commission Determination Not to
Review an Initial Determination Finding
Respondent Island in the Sun LLC in
Default (October 16, 2014); Notice of
Commission Determination Not to
Review Two Initial Determinations
Finding Certain Respondents in Default
and Terminating the Investigation with
Respect to Another Respondent (January
9, 2015); Notice of Commission
Determination Not to Review an Initial
Determination Terminating the
Investigation as to Respondent Altatac,
Inc. (January 13, 2015). The respondents
in default are Island in the Sun LLC;
Quality Innovations Inc.; Yiwu
Mengwang Craft & Art Factory;
Shenzhen Xuncent Technology Co.,
Ltd.; My Imports USA LLC; Jayfinn LLC;
Hongkong Haoguan Plastic Hardware
Co., Ltd.; Blinkee.com, LLC; Eyyup
Arga; and Itcoolnomore (collectively,
‘‘defaulting respondents’’).
On December 5, 2014, Choon’s moved
for a summary determination of a
violation of section 337 and for issuance
of a general exclusion order. On
December 17, 2014, the Commission
investigative attorney (‘‘IA’’) submitted
a response supporting the motion. No
other responses to the motion were
received.
On February 3, 2015, the ALJ issued
an ID granting Choon’s motion for
summary determination of violation and
recommending the issuance of a general
exclusion order. See Order No. 13. On
February 13, 2015, the IA submitted a
petition for review of the ID in part. The
IA argued that the ALJ improperly
accepted alleged domestic industry
investments in ‘‘paying a patent
attorney to prosecute U.S. and
international patent applications’’ and
‘‘visiting a Chinese factory for a week to
investigate manufacturing the Rainbow
Loom® kits.’’ See ID at 40. The IA also
contended that certain foreign
expenditures should have been
excluded and other domestic
expenditures should have been
included in the total investment
VerDate Sep<11>2014
18:55 Mar 25, 2015
Jkt 235001
summarized by the ALJ on page 42 of
the ID. The IA asserts that,
notwithstanding these points, the
Commission should affirm the ALJ’s
conclusion that Choon’s has satisfied
the domestic industry requirement and
that a violation of section 337 has been
proven.
On February 18, 2015, Choon’s filed
a response to the IA’s petition. Choon’s
took no position as to whether patent
prosecution costs or visiting Chinese
manufacturers count as domestic
industry investments. Choon’s agreed
with the IA that certain domestic
expenditures should be included in the
domestic investment total and that the
economic prong of the domestic
industry requirement has been met.
The Commission has determined to
review only the domestic industry
economic prong determination in the
ID. Upon review, the Commission
affirms a finding that Choon’s has
shown a substantial investment in the
exploitation of the ’565 patent through
engineering, and research and
development of articles protected by the
’565 patent, but the Commission
modifies certain portions of the ID
regarding the expenditures comprising
the domestic industry investments. The
Commission’s modifications will be
specified in a later Commission opinion.
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 one or more respondents 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
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
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 IA are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is also
requested to state the date on which the
’565 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 3,
2015. Reply submissions must be filed
no later than the close of business on
April 10, 2015. Such submissions
should address the ALJ’s recommended
determinations on remedy and bonding
which were made in Order No. 13. 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–923’’) in a prominent place on
the cover page and/or the first page. See
Handbook for Electronic Filing
Procedures, https://vvww.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf.
Persons with questions regarding filing
should contact the Secretary (202–205–
E:\FR\FM\26MRN1.SGM
26MRN1
Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices
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: March 20, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–06898 Filed 3–25–15; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 003–2015]
Privacy Act of 1974; System of
Records
Department of Justice.
Notice of a new system of
records and removal of one system of
records notice.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
ACTION:
Pursuant to the Privacy Act of
1974, 5 U.S.C. 552a, and Office of
Management and Budget (OMB)
Circular No. A–130, notice is hereby
given that the Department of Justice
(Department or DOJ) proposes to
establish a new Department-wide
system of records entitled, ‘‘Department
of Justice, Giglio Information Files,’’
JUSTICE/DOJ–017. This system has
been established to enable DOJ
investigative agencies to collect and
maintain records of potential
impeachment information and to
disclose such information to DOJ
prosecuting offices in order to ensure
that prosecutors receive sufficient
information to meet their obligations
under Giglio v. United States, 405 U.S.
150 (1972). The system has also been
established to enable DOJ prosecuting
offices to maintain records of potential
impeachment information obtained
from DOJ investigative agencies, other
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:55 Mar 25, 2015
Jkt 235001
federal agencies, and state and local
agencies and to disclose such
information in accordance with the
Giglio decision. The purpose of
publishing this Department-wide notice
is to provide a comprehensive notice to
cover all Department Giglio records,
thereby increasing administrative
efficiency and promoting consistent
maintenance of Department Giglio
records in accordance with the Attorney
General’s Giglio Policy (found in
Section 9–5.100 of the United States
Attorneys’ Manual) as updated in 2014.
Accordingly, this Department-wide
system notice replaces, and the
Department hereby removes, the notice
for the system entitled, ‘‘United States
Attorney’s Office, Giglio Information
Files,’’ JUSTICE/USA–018, 65 FR 75308
(Dec. 1, 2000).
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), the public is given
a 30-day period in which to comment.
Therefore, please submit any comments
by April 27, 2015.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments to the Department of Justice,
ATTN: Privacy Analyst, Office of
Privacy and Civil Liberties, U.S.
Department of Justice, National Place
Building, 1331 Pennsylvania Avenue
NW., Suite 1000, Washington, DC
20530, or by facsimile at (202) 307–
0693. To ensure proper handling, please
reference the CPCLO Order Number
indicated above on your
correspondence.
Tricia Francis, Executive Office for
United States Attorneys, FOIA/Privacy
Act Staff, 600 E Street NW., Suite 7300,
Washington, DC 20530, or by facsimile
at (202) 252–6047.
SUPPLEMENTARY INFORMATION: This
Department-wide system notice replaces
the notice for the system entitled,
‘‘United States Attorney’s Office, Giglio
Information Files,’’ JUSTICE/USA–018,
65 FR 75308 (Dec. 1, 2000). That system
of records was exempt from certain
provisions of the Privacy Act pursuant
to 5 U.S.C. 552a(j) and (k). Those
exemptions are codified in the Code of
Federal Regulations (CFR) section for
Exemption of United States Attorneys
Systems (28 CFR 16.81(g) and (h)). The
Department is establishing a new CFR
section for exemptions of the JUSTICE/
DOJ–017 system (28 CFR 16.135) and
amending 28 CFR 16.81 by removing
paragraphs (g) and (h). In the meantime,
the Department intends that the
exemptions established in 28 CFR
16.81(g) and (h) will continue to apply
to the JUSTICE/USA–018 system and all
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
16025
its records until 28 CFR 16.135 is
effective.
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report to
OMB and Congress on this new system
of records.
Dated: March 4, 2015.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer,
United States Department of Justice.
JUSTICE/DOJ–017
SYSTEM NAME:
Department of Justice, Giglio
Information Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in this system are located at
United States Attorneys’ Offices and
Department of Justice litigating sections
with authority to prosecute criminal
cases (‘‘DOJ prosecuting offices’’) as
well as the Federal Bureau of
Investigation, the Drug Enforcement
Administration, the Bureau of Alcohol,
Tobacco, Firearms and Explosives, the
United States Marshals Service, the
Office of the Inspector General, and the
Office of Professional Responsibility
(‘‘DOJ investigative agencies’’). For
office locations, see https://
www.justice.gov and the Web sites for
DOJ prosecuting offices and
investigative agencies.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who may serve as affiants
or testify as witnesses in criminal
proceedings brought by the United
States Attorneys’ Offices and
Department of Justice litigating sections
with authority to prosecute criminal
cases, including the Criminal Division,
National Security Division, Civil Rights
Division, Antitrust Division,
Environment and Natural Resources
Division, Tax Division, and Civil
Division.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains potential
witness impeachment information,
including records of disciplinary
actions. Potential impeachment
information has been generally defined
as impeaching information which is
material to the defense of a federal
criminal prosecution. It also includes
information that either casts a
substantial doubt upon the accuracy of
any evidence, including witness
testimony, the prosecutor intends to rely
on to prove an element of any crime
charged or might have a significant
bearing on the admissibility of
E:\FR\FM\26MRN1.SGM
26MRN1
Agencies
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 16023-16025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06898]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-923 Remand]
Certain Loom Kits for Creating Linked Articles: Commission
Determination To Review an Initial Determination in Part and, on
Review, To Affirm a Finding of Violation With Modifications; Request
for Written Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part an initial determination
(``ID'') (Order No. 13) issued by the presiding administrative law
judge (``ALJ'') in the above-captioned investigation. Particularly, the
Commission has determined to review the determination on domestic
industry in the ID. Upon review, the Commission affirms a finding of
domestic industry with modifications. The Commission's determination
results in a determination of a violation of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C. 1337 or ``section 337'').
Accordingly, the Commission requests written submissions, under the
schedule set forth below, on remedy, public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-2661. 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 August 6, 2014, based on a complaint filed by Choon's Design, Inc.,
of Wixom, Michigan (``Choon's''). 79 FR 45844-45
[[Page 16024]]
(August 6, 2014). The complaint alleged violations of section 337 by
reason of the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain loom kits for creating linked articles that infringe U.S.
Patent No. 8,485,565 (``the '565 patent''). The notice of investigation
named thirteen respondents, all of which either have been found in
default or terminated from this investigation. See Notice of Commission
Determination Not to Review an Initial Determination Terminating the
Investigation as to Respondent Creative Kidstuff, LLC (September 26,
2014); Notice of Commission Determination Not to Review an Initial
Determination Finding Respondent Island in the Sun LLC in Default
(October 16, 2014); Notice of Commission Determination Not to Review
Two Initial Determinations Finding Certain Respondents in Default and
Terminating the Investigation with Respect to Another Respondent
(January 9, 2015); Notice of Commission Determination Not to Review an
Initial Determination Terminating the Investigation as to Respondent
Altatac, Inc. (January 13, 2015). The respondents in default are Island
in the Sun LLC; Quality Innovations Inc.; Yiwu Mengwang Craft & Art
Factory; Shenzhen Xuncent Technology Co., Ltd.; My Imports USA LLC;
Jayfinn LLC; Hongkong Haoguan Plastic Hardware Co., Ltd.; Blinkee.com,
LLC; Eyyup Arga; and Itcoolnomore (collectively, ``defaulting
respondents'').
On December 5, 2014, Choon's moved for a summary determination of a
violation of section 337 and for issuance of a general exclusion order.
On December 17, 2014, the Commission investigative attorney (``IA'')
submitted a response supporting the motion. No other responses to the
motion were received.
On February 3, 2015, the ALJ issued an ID granting Choon's motion
for summary determination of violation and recommending the issuance of
a general exclusion order. See Order No. 13. On February 13, 2015, the
IA submitted a petition for review of the ID in part. The IA argued
that the ALJ improperly accepted alleged domestic industry investments
in ``paying a patent attorney to prosecute U.S. and international
patent applications'' and ``visiting a Chinese factory for a week to
investigate manufacturing the Rainbow Loom[supreg] kits.'' See ID at
40. The IA also contended that certain foreign expenditures should have
been excluded and other domestic expenditures should have been included
in the total investment summarized by the ALJ on page 42 of the ID. The
IA asserts that, notwithstanding these points, the Commission should
affirm the ALJ's conclusion that Choon's has satisfied the domestic
industry requirement and that a violation of section 337 has been
proven.
On February 18, 2015, Choon's filed a response to the IA's
petition. Choon's took no position as to whether patent prosecution
costs or visiting Chinese manufacturers count as domestic industry
investments. Choon's agreed with the IA that certain domestic
expenditures should be included in the domestic investment total and
that the economic prong of the domestic industry requirement has been
met.
The Commission has determined to review only the domestic industry
economic prong determination in the ID. Upon review, the Commission
affirms a finding that Choon's has shown a substantial investment in
the exploitation of the '565 patent through engineering, and research
and development of articles protected by the '565 patent, but the
Commission modifies certain portions of the ID regarding the
expenditures comprising the domestic industry investments. The
Commission's modifications will be specified in a later Commission
opinion.
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 one or
more respondents 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 IA are also requested to submit
proposed remedial orders for the Commission's consideration.
Complainant is also requested to state the date on which the '565
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 3, 2015. Reply submissions must be filed no later than the
close of business on April 10, 2015. Such submissions should address
the ALJ's recommended determinations on remedy and bonding which were
made in Order No. 13. 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-923'') in a prominent place on
the cover page and/or the first page. See Handbook for Electronic
Filing Procedures, https://vvww.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. Persons with questions
regarding filing should contact the Secretary (202-205-
[[Page 16025]]
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: March 20, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-06898 Filed 3-25-15; 8:45 am]
BILLING CODE 7020-02-P