Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Commission Determination Not To Review an Initial Determination Finding All Respondents in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 95192-95194 [2016-31074]
Download as PDF
95192
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
Issued: December 21, 2016.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2016–31295 Filed 12–22–16; 11:15 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Index and Description of Major
Information Systems and Availability
of Records
United States International
Trade Commission.
ACTION: Notice announcing availability
of public information.
AGENCY:
The United States
International Trade Commission (USITC
or Commission) provides notice of its
index and description of major
information systems and availability of
its records.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
telephone (202) 205–2000/2595 or Brian
R. Battles, Esquire, Office of the General
Counsel, United States International
Trade Commission, telephone (202)
708–4737. Hearing-impaired individuals
are advised that information on this
matter can be obtained by contacting the
Commission’s TDD terminal at 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its Web site at
https://www.usitc.gov.
SUPPLEMENTARY INFORMATION: The
Commission makes agency records
available to the public in a number of
ways:
Electronic Document Information
System (EDIS). This system provides
access to public documents filed in Title
VII, Section 337, and other
investigations before the Commission.
EDIS is available to the public at https://
edis.usitc.gov. All EDIS users must
register and create an account and
password to log-in and use EDIS.
Freedom of Information Act (FOIA).
Commission records may also be
requested under the FOIA (5 U.S.C.
552). These requests may be filed via the
agency FOIA web portal at https://
www.usitc.gov/secretary/foia/
foiarequests.htm or with the Secretary at
500 E Street SW., Washington, DC
20436. A written FOIA request shall
indicate clearly in the request letter, and
on the envelope, that it is a ‘‘Freedom
of Information Act Request.’’
Commission rules for requesting
information under FOIA are set out in
19 CFR 201.17–201.21. Frequently
requested FOIA-processed records can
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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20:45 Dec 23, 2016
Jkt 241001
be accessed at https://www.usitc.gov/
secretary/foia/foia_freqreqrecords.htm.
Harmonized Tariff Schedule of the
United States (HTS). The USITC
maintains and publishes the HTS
pursuant to the omnibus Trade and
Competitiveness Act of 1988. The Tariff
Information Center, providing the
current HTS and related materials, is
available to the public at https://
www.usitc.gov/tata/hts/index.htm.
Government Information Locator
Service (GILS). The USITC has an entry
in the GILS, at https://
www.access.gpo.gov/su_docs/gils/
index.html.
Libraries. The Commission maintains
two libraries, its National Library of
International Trade (the Commission’s
main reference library), located on the
3rd floor of the Commission building,
and a law library, located on the 6th
floor. Both are open to the public during
normal business hours of 8:45 a.m. to
5:15 p.m. and are located at 500 E Street
SW., Washington, DC 20436. The
libraries contain, among other things,
complete sets of Commission reports. To
determine whether the respective
libraries have the information sought,
persons seeking information may call
the main library at (202) 205–2630, or
the law library at (202) 205–3287.
Public Reading Room. The
Commission’s public reading room is
maintained and available for inspection
in the Docket Services division of the
Office of the Secretary. It is located on
the 1st floor of the Commission building
located at 500 E Street SW.,
Washington, DC 20436. Persons having
questions regarding availability of
records may contact Docket Services
staff at (202) 205–1802. Depending on
the age of the records requested, the
files are available electronically or on
microfiche.
Reports. Reports containing the
findings and conclusions of
Commission investigations and
Commissioner opinions are available
online at https://www.usitc.gov.
Questions may be directed to the Office
of the Secretary at (202) 205–2000/2595.
Rules. The Commission’s Rules of
Practice and Procedure set out the
procedures used in Commission
proceedings. The rules in 19 CFR parts
200–213 are located in the Code of
Federal Regulations and available on the
Commission’s Web site at https://
www.usitc.gov.
Tariff and Trade DataWeb. The
Commission’s DataWeb, https://
dataweb.usitc.gov, provides public
access to U.S. tariff and international
trade data. Data from 1989 are available
and can be retrieved in a number of
classification systems.
PO 00000
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Fmt 4703
Sfmt 4703
USITC Web Site. Recent Commission
notices, news releases, meeting agendas,
general information ‘‘fact sheets,’’
Commissioner biographies, schedules of
pending investigations (including
hearing dates and deadlines for written
submissions), reports, information
frequently requested under FOIA, and
general information about the
Commission are available electronically
through the Commission’s Web site at
https://www.usitc.gov. Copies of
Commission public records can also be
obtained from the Secretary.
By order of the Commission.
Issued: December 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–31069 Filed 12–23–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1008]
Certain Carbon Spine Board, Cervical
Collar, CPR Masks and Various
Medical Training Manikin Devices, and
Trademarks, Copyrights of Product
Catalogues, Product Inserts and
Components Thereof; Commission
Determination Not To Review an Initial
Determination Finding All
Respondents in Default; 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 not to
review an initial determination (‘‘ID’’)
issued by the presiding administrative
law judge (‘‘ALJ’’) on November 21,
2016, finding all respondents in default.
The Commission requests written
submissions, under the schedule set
forth below, on remedy, public interest,
and bonding.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–5468. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
SUMMARY:
E:\FR\FM\27DEN1.SGM
27DEN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on June 24, 2016, based on an amended
complaint, as supplemented, filed by
Laerdal Medical Corp. of Wappingers
Falls, New York, and Laerdal Medical
AS of Stavanger, Norway (together,
‘‘Laerdal’’). 81 FR 41349–50. The
investigation was instituted to
determine whether there is a violation
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’), in the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain carbon spine
board, cervical collar, CPR masks,
various medical training manikin
devices, trademarks, copyrights of
product catalogues and products inserts,
and components thereof by reason of
infringement of one or more of U.S.
Patent No. 6,090,058, U.S. Trademark
Registration No. 3,476,656, or U.S.
Copyright Registration Nos. VA 1–879–
023 and VA 1–879–026, or by reason of
trade dress misappropriation and
infringement. Id. at 41349. The
Commission’s notice of investigation
named as respondents Shanghai Evenk
International Trading Co., Ltd.,
Shanghai Honglian Medical Instrument,
Development Co., Ltd., and Shanghai
Jolly Medical Education Co., Ltd., all of
Shanghai, China; Zhangjiagang Xiehe
Medical Apparatus & Instruments Co.,
Ltd., Zhangjiagang New Fellow Med
Co., Ltd., Jiangsu Yongxin Medical
Equipment Co., Ltd., and Jiangsu
Yongxin Medical-Use Facilities Making,
Co., Ltd, all of Zhangjiagang City, China;
Jiangyin Everise Medical Devices Co.,
Ltd., of Jiangyin City, China; Medsource
International Co., Ltd. and Medsource
Factory, Inc. of PuDong, China; and
Basic Medical Supply, LLC of
Richmond, Texas. Id. at 41350. The
Office of Unfair Import Investigations
(‘‘OUII’’) was also named as a party. Id.
All respondents were served with a
copy of the complaint and notice of
investigation. See OUII Default Motion
Response (Oct. 31, 2016) at 3 and Ex. A.
On October 20, 2016, Laerdal filed a
motion requesting that the ALJ order all
respondents to show cause why they
should not be held in default for failing
to respond to the complaint and notice
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20:45 Dec 23, 2016
Jkt 241001
of investigation. On October 31, 2016,
OUII filed a response in support of
Laerdal’s motion.
On November 7, 2016, the ALJ
ordered all of the respondents to show
cause why they should not be held in
default, and set a response deadline of
November 14, 2016. Order No. 5. No
responses were filed. On November 21,
2016, the ALJ issued the subject ID
(Order No. 6) finding all respondents in
default pursuant to Commission Rules
210.16 and 210.17. No petitions for
review of the ID were filed. On
December 1, 2016, Laerdal indicated
that it was not seeking a general
exclusion order.
The Commission has determined not
to review the subject ID.
Section 337(g)(1) and Commission
Rule 210.16(c) authorize the
Commission to order relief against a
respondent found in default, unless,
after considering the public interest, it
finds that such relief should not issue.
In connection with the final
disposition of this investigation, the
Commission may: (1) Issue an order that
could result in the exclusion of articles
manufactured or imported by the
defaulting respondents; and/or (2) issue
cease and desist orders that could result
in the defaulting 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, Comm’n Op. at 7–10
(December 1994).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors that the
Commission will consider include the
effect that the exclusion order and/or
cease and desists 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
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Fmt 4703
Sfmt 4703
95193
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.
Laerdal and OUII are requested to
submit proposed remedial orders for the
Commission’s consideration. Laerdal is
also requested to state the HTSUS
numbers under which the accused
products are imported, and to state the
dates that the patents expire. Laerdal is
further requested to supply
identification information on any
known importers.
Written submissions and proposed
remedial orders must be filed no later
than the close of business on January 5,
2017. Reply submissions must be filed
no later than the close of business on
January 12, 2017. No further
submissions on 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 deadline
stated above and submit eight true paper
copies to the Office of the Secretary
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–1008’’) 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
E:\FR\FM\27DEN1.SGM
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95194
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
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 information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,1 solely for cybersecurity
purposes. 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: December 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–31074 Filed 12–23–16; 8:45 am]
unless, after considering the effect of such
exclusion upon 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, it finds
that such articles should not be excluded
from entry.
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–945]
Certain Network Devices, Related
Software and Components Thereof (II);
Notice of Request for Statements on
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the presiding administrative law judge
has issued a Final Initial Determination
and Recommended Determination on
Remedy and Bonding in the abovecaptioned investigation. The
Commission is soliciting comments on
public interest issues raised by the
recommended relief, specifically a
limited exclusion order against certain
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
1 All contract personnel will sign appropriate
nondisclosure agreements.
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20:45 Dec 23, 2016
Jkt 241001
network devices, related software and
components thereof imported by and a
and cease and desist order against
respondent Arista Networks, Inc. of
Santa Clara, California. This notice is
soliciting public interest comments from
the public only.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2301. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, 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
Street SW., Washington, DC 20436,
telephone (202) 205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 provides
that if the Commission finds a violation
it shall exclude the articles concerned
from the United States:
19 U.S.C. 1337(d)(1).
The Commission is interested in
further development of the record on
the public interest in these
investigations. Accordingly, members of
the public are invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the administrative law judge’s
Recommended Determination on
Remedy and Bonding issued in this
investigation on December 9, 2016.
Comments should address whether
issuance of a limited exclusion order
and cease and desist order 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
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
order are used in the United States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the recommended order;
(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 recommended
exclusion order within a commercially
reasonable time; and
(v) Explain how the limited exclusion
order would impact consumers in the
United States.
Written submissions must be filed no
later than by close of business on
January 17, 2017. Parties are to file
public interest submissions pursuant to
19 CFR 210.50(a)(4).
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 investigation number (‘‘Inv. No.
337–TA–945’’) 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. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95192-95194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31074]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1008]
Certain Carbon Spine Board, Cervical Collar, CPR Masks and
Various Medical Training Manikin Devices, and Trademarks, Copyrights of
Product Catalogues, Product Inserts and Components Thereof; Commission
Determination Not To Review an Initial Determination Finding All
Respondents in Default; 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 not to review an initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ'') on
November 21, 2016, finding all respondents in default. The Commission
requests written submissions, under the schedule set forth below, on
remedy, public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
[[Page 95193]]
may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 24, 2016, based on an amended complaint, as supplemented, filed
by Laerdal Medical Corp. of Wappingers Falls, New York, and Laerdal
Medical AS of Stavanger, Norway (together, ``Laerdal''). 81 FR 41349-
50. The investigation was instituted to determine whether there is a
violation of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain carbon spine board, cervical collar, CPR
masks, various medical training manikin devices, trademarks, copyrights
of product catalogues and products inserts, and components thereof by
reason of infringement of one or more of U.S. Patent No. 6,090,058,
U.S. Trademark Registration No. 3,476,656, or U.S. Copyright
Registration Nos. VA 1-879-023 and VA 1-879-026, or by reason of trade
dress misappropriation and infringement. Id. at 41349. The Commission's
notice of investigation named as respondents Shanghai Evenk
International Trading Co., Ltd., Shanghai Honglian Medical Instrument,
Development Co., Ltd., and Shanghai Jolly Medical Education Co., Ltd.,
all of Shanghai, China; Zhangjiagang Xiehe Medical Apparatus &
Instruments Co., Ltd., Zhangjiagang New Fellow Med Co., Ltd., Jiangsu
Yongxin Medical Equipment Co., Ltd., and Jiangsu Yongxin Medical-Use
Facilities Making, Co., Ltd, all of Zhangjiagang City, China; Jiangyin
Everise Medical Devices Co., Ltd., of Jiangyin City, China; Medsource
International Co., Ltd. and Medsource Factory, Inc. of PuDong, China;
and Basic Medical Supply, LLC of Richmond, Texas. Id. at 41350. The
Office of Unfair Import Investigations (``OUII'') was also named as a
party. Id.
All respondents were served with a copy of the complaint and notice
of investigation. See OUII Default Motion Response (Oct. 31, 2016) at 3
and Ex. A. On October 20, 2016, Laerdal filed a motion requesting that
the ALJ order all respondents to show cause why they should not be held
in default for failing to respond to the complaint and notice of
investigation. On October 31, 2016, OUII filed a response in support of
Laerdal's motion.
On November 7, 2016, the ALJ ordered all of the respondents to show
cause why they should not be held in default, and set a response
deadline of November 14, 2016. Order No. 5. No responses were filed. On
November 21, 2016, the ALJ issued the subject ID (Order No. 6) finding
all respondents in default pursuant to Commission Rules 210.16 and
210.17. No petitions for review of the ID were filed. On December 1,
2016, Laerdal indicated that it was not seeking a general exclusion
order.
The Commission has determined not to review the subject ID.
Section 337(g)(1) and Commission Rule 210.16(c) authorize the
Commission to order relief against a respondent found in default,
unless, after considering the public interest, it finds that such
relief should not issue.
In connection with the final disposition of this investigation, the
Commission may: (1) Issue an order that could result in the exclusion
of articles manufactured or imported by the defaulting respondents;
and/or (2) issue cease and desist orders that could result in the
defaulting 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, Comm'n Op. at 7-10 (December 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors that the Commission will consider include the effect that the
exclusion order and/or cease and desists 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. Laerdal and OUII are requested to submit proposed remedial
orders for the Commission's consideration. Laerdal is also requested to
state the HTSUS numbers under which the accused products are imported,
and to state the dates that the patents expire. Laerdal is further
requested to supply identification information on any known importers.
Written submissions and proposed remedial orders must be filed no
later than the close of business on January 5, 2017. Reply submissions
must be filed no later than the close of business on January 12, 2017.
No further submissions on 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 deadline stated above and submit eight
true paper copies to the Office of the Secretary 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-1008'') 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
[[Page 95194]]
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
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel,\1\ solely for
cybersecurity purposes. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: December 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-31074 Filed 12-23-16; 8:45 am]
BILLING CODE 7020-02-P