Certain Mobile Device Holders and Components Thereof; Commission's Determination To Review In-Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions, 54413-54414 [2017-24927]
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Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1028]
Certain Mobile Device Holders and
Components Thereof; Commission’s
Determination To Review In-Part a
Final Initial Determination Finding a
Violation of Section 337; Request for
Written Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in-part the final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) on
September 12, 2017, finding a violation
of section 337 in the above-captioned
investigation. Specifically, the
Commission has determined to review
the ID’s analysis and findings with
respect to the economic prong of the
domestic industry. The Commission
also requests written submissions,
under the schedule set forth below, on
remedy, the public interest, and
bonding.
SUMMARY:
sradovich on DSK3GMQ082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Amanda Pitcher Fisherow, 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 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 November 14, 2016, based on a
complaint and supplements, filed on
behalf of Nite Ize, Inc. of Boulder,
Colorado (‘‘Nite Ize’’). 81 FR 79519–20
(Nov. 14, 2016). The complaint, as
supplemented, alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
United States after importation of
certain mobile device holders and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 8,602,376 (‘‘the ’376 patent’’),
U.S. Patent No. 8,870,146 (‘‘the ’146
patent’’), U.S. Patent No. D734,746 (‘‘the
’746 patent’’), and U.S. Patent No.
D719,959 (‘‘the ’959 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The Commission’s notice of
investigation named the following
respondents: REXS LLC of Lewes,
Delaware; Spinido, Inc. of Brighton,
Colorado; Guangzhou Kuaguoyi Ecommerce Co., Ltd. d/b/a Kagu Culture
(‘‘Kagu Culture’’) of Baiyum, China;
Sunpauto Co., Ltd. of Kowloon, Hong
Kong; Shenzhen Topworld Technology
Co. d/b/a IdeaPro (‘‘IdeaPro’’) of Hong
Kong, Hong Kong; Ninghuaxian
Wangfulong Chaojishichang Youxian
Gongsi, Ltd.,
d/b/a EasybuyUS of Shanghai, China;
Chang Lee d/b/a Frentaly of Duluth,
Georgia; Trendbox USA LLC d/b/a
Trendbox (‘‘Trendbox’’) of Scottsdale,
Arizona; Tenswall d/b/a Shenzhen
Tenswall International Trading Co. of La
Puente, California; Luo Jieqiong d/b/a
Wekin of Chang Sha, China; Pecham d/
b/a Baichen Technology Ltd. of Wan
Chai, Hong Kong; Cyrift d/b/a
Guangzhou Sunway Ecommerce LLC. of
Guangzhou, China; Rymemo d/b/a
Global Box, LLC of Dunbar,
Pennsylvania; Yuan I d/b/a Bestrix of
Hubei, China; Zhongshan Feiyu
Hardware Technology Co., Ltd
d/b/a YouFo (‘‘YouFo’’) of ZhongShan
City, China; and Shenzhen Youtai Trade
Company Limited, d/b/a NoChoice; Luo,
Qiben, d/b/a Lita International Shop of
Nanshan; Shenzhen New Dream
Technology Co., Ltd., d/b/a Newdreams
(‘‘Newdreams’’); Shenznen Gold South
Technology Co., Ltd. d/b/a Baidatong;
Wang Zhi Gang d/b/a IceFox (‘‘Icefox’’);
Dang Yuya d/b/a Sminiker; Lin Zhen
Mei d/b/a Anson (‘‘Anson’’); Wu Xuying
d/b/a Novoland; Shenzhen New Dream
Sailing Electronic Technology Co., Ltd.
d/b/a MegaDream; Tontek d/b/a
Shenzhen Hetongtai Electronics Co.,
Ltd.; Scotabc d/b/a ShenChuang
Optoelectronics Technology Co., Ltd.;
Zhiping Zhou d/b/a Runshion;
Huijukon d/b/a Shenzhen Hui Ju Kang
Technology Co. Ltd.; Barsone d/b/a
Shenzhen Senweite Electronic
Commerce Ltd.; Oumeiou d/b/a
Shenzhen Oumeiou Technology Co.,
Ltd. (‘‘Oumeiou’’); Grando d/b/a
Shenzhen Dashentai Network
Technology Co., Ltd.; Shenzhen
Yingxue Technology Co., Ltd.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
54413
(‘‘Shenzhen Yingxue’’); Shenzhen
Longwang Technology Co., Ltd., d/b/a
LWANG; Hu Peng d/b/a AtomBud;
Wang Guoxiang d/b/a Minse (‘‘Minse’’)
all of Shenzhen, China. The Office of
Unfair Import Investigations (‘‘OUII’’)
was named as a party to the
investigation.
Global Box, LLC and Chang Lee
d/b/a Frentaly were terminated on the
basis of a consent order. Commission
Notice (March 21, 2017); Commission
Notice (May 15, 2017). Barsone d/b/a
Shenzhen Senweite Electronic
Commerce Ltd., Shenzhen Youtai Trade
Company Limited, d/b/a NoChoice,
Ninghuaxian Wangfulong
Chaojishichang Youxian Gongsi, Ltd., d/
b/a EasybuyUS, Shenzhen Gold South
Technology Co., Ltd. d/b/a Baidatong,
Cyrift d/b/a Guangzhou Sunway ECommerce LLC, Hu Peng d/b/a
AtomBud, Grando d/b/a Shenzhen
Dashentai Network Technology Co.,
Ltd., Huijukon d/b/a Shenzhen Hui Ju
Kang Technology Co. Ltd., Luo, Qiben,
d/b/a Lita International Shop, Shenzhen
New Dream Sailing Electronic
Technology Co., Ltd. d/b/a MegaDream,
Spinido Inc., Dang Yuya d/b/a
Sminiker, and Yuan I d/b/a Bestrix were
terminated because service could not be
effected. Commission Notice (June 13,
2017). The remaining respondents were
previously found in default
(collectively, ‘‘the Defaulting
Respondents’’). Commission Notice
(May 26, 2017). In addition, the ’746
and ’959 patents were previously
terminated from the investigation.
Commission Notice (July 28, 2017).
On May 18, 2017, Nite Ize filed a
Motion for Summary Determination of
Violation by the Defaulting Respondents
and for a Recommended Determination
on Remedy and Bonding, Including
Issuance of a General Exclusion Order,
Limited Exclusion Orders, and Cease
and Desist Orders. On June 16, 2017, the
ALJ issued Order No. 14 granting in-part
Nite Ize’s motion for summary
determination. The Commission
determined not to review that ID.
Commission Notice (July 14, 2017).
On September 12, 2017, the ALJ
issued his final ID finding a violation of
section 337 of the Tariff Act of 1930, 19
U.S.C. 1337. On the same day, the ALJ
issued his Recommended Determination
on Remedy and Bonding. No petitions
for review were filed.
The Commission has determined to
review the subject ID in-part.
Specifically, the Commission has
determined to review the ID’s analysis
and findings with respect to the
economic prong of the domestic
industry requirement. The Commission
E:\FR\FM\17NON1.SGM
17NON1
54414
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
does not request any submissions on the
issue under review.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) 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 (Dec. 1994) (Comm’n
Op.). In particular, the written
submissions should address any request
for a cease and desist order in the
context of recent Commission opinions,
including those in Certain Arrowheads
with Deploying Blades and Components
Thereof and Packaging Therefor, Inv.
No. 337–TA–977, Comm’n Op. (Apr. 28,
2017) and Certain Electric Skin Care
Devices, Brushes and Chargers Therefor,
and Kits Containing the Same, Inv. No.
337–TA–959, Comm’n Op. (Feb. 13,
2017). Specifically, if Complainant
seeks a cease and desist order against a
defaulting respondent, the written
submissions should respond to the
following requests:
(1) Please identify with citations to the
record any information regarding
commercially significant inventory in the
United States as to each respondent against
whom a cease and desist order is sought. If
Complainant also relies on other significant
domestic operations that could undercut the
remedy provided by an exclusion order,
please identify with citations to the record
such information as to each respondent
against whom a cease and desist order is
sought.
(2) In relation to the infringing products,
please identify any information in the record,
including allegations in the pleadings, that
addresses the existence of any domestic
inventory, any domestic operations, or any
sales-related activity directed at the United
States for each respondent against whom a
cease and desist order is sought.
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
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: Each party’s
written submission must be filed no
later than close of business on
Thursday, November 30, 2017. Reply
submissions must be filed no later than
the close of business on Thursday,
December 7, 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 deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to
Commission Rule 210.4(f), 19 CFR
210.4(f). Submissions should refer to the
investigation number (‘‘Inv. No. 337–
TA–1028’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/documents/handbook_on_
filing_procedures.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,
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
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 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: November 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–24927 Filed 11–16–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Comment Request;
Workforce Flexibility (Workflex) Plan
Submission and Reporting
Requirements
ACTION:
Notice.
The Department of Labor
(DOL), Employment and Training
Administration is soliciting comments
concerning a proposed extension for the
authority to conduct the information
collection request (ICR) titled,
‘‘Workforce Flexibility (Workflex) Plan
Submission and Reporting
Requirements.’’ This comment request
is part of continuing Departmental
efforts to reduce paperwork and
respondent burden in accordance with
the Paperwork Reduction Act of 1995
(PRA).
DATES: Consideration will be given to all
written comments received by January
16, 2018.
SUMMARY:
1 All contract personnel will sign appropriate
nondisclosure agreements.
E:\FR\FM\17NON1.SGM
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Agencies
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54413-54414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24927]
[[Page 54413]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1028]
Certain Mobile Device Holders and Components Thereof;
Commission's Determination To Review In-Part a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in-part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on September 12, 2017, finding a violation of section 337 in
the above-captioned investigation. Specifically, the Commission has
determined to review the ID's analysis and findings with respect to the
economic prong of the domestic industry. The Commission also requests
written submissions, under the schedule set forth below, on remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, 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 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 November 14, 2016, based on a complaint and supplements, filed on
behalf of Nite Ize, Inc. of Boulder, Colorado (``Nite Ize''). 81 FR
79519-20 (Nov. 14, 2016). The complaint, as supplemented, alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain mobile device holders and components
thereof by reason of infringement of certain claims of U.S. Patent No.
8,602,376 (``the '376 patent''), U.S. Patent No. 8,870,146 (``the '146
patent''), U.S. Patent No. D734,746 (``the '746 patent''), and U.S.
Patent No. D719,959 (``the '959 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337. The Commission's notice of
investigation named the following respondents: REXS LLC of Lewes,
Delaware; Spinido, Inc. of Brighton, Colorado; Guangzhou Kuaguoyi E-
commerce Co., Ltd. d/b/a Kagu Culture (``Kagu Culture'') of Baiyum,
China; Sunpauto Co., Ltd. of Kowloon, Hong Kong; Shenzhen Topworld
Technology Co. d/b/a IdeaPro (``IdeaPro'') of Hong Kong, Hong Kong;
Ninghuaxian Wangfulong Chaojishichang Youxian Gongsi, Ltd., d/b/a
EasybuyUS of Shanghai, China; Chang Lee d/b/a Frentaly of Duluth,
Georgia; Trendbox USA LLC d/b/a Trendbox (``Trendbox'') of Scottsdale,
Arizona; Tenswall d/b/a Shenzhen Tenswall International Trading Co. of
La Puente, California; Luo Jieqiong d/b/a Wekin of Chang Sha, China;
Pecham d/b/a Baichen Technology Ltd. of Wan Chai, Hong Kong; Cyrift d/
b/a Guangzhou Sunway Ecommerce LLC. of Guangzhou, China; Rymemo d/b/a
Global Box, LLC of Dunbar, Pennsylvania; Yuan I d/b/a Bestrix of Hubei,
China; Zhongshan Feiyu Hardware Technology Co., Ltd d/b/a YouFo
(``YouFo'') of ZhongShan City, China; and Shenzhen Youtai Trade Company
Limited, d/b/a NoChoice; Luo, Qiben, d/b/a Lita International Shop of
Nanshan; Shenzhen New Dream Technology Co., Ltd., d/b/a Newdreams
(``Newdreams''); Shenznen Gold South Technology Co., Ltd. d/b/a
Baidatong; Wang Zhi Gang d/b/a IceFox (``Icefox''); Dang Yuya d/b/a
Sminiker; Lin Zhen Mei d/b/a Anson (``Anson''); Wu Xuying d/b/a
Novoland; Shenzhen New Dream Sailing Electronic Technology Co., Ltd. d/
b/a MegaDream; Tontek d/b/a Shenzhen Hetongtai Electronics Co., Ltd.;
Scotabc d/b/a ShenChuang Optoelectronics Technology Co., Ltd.; Zhiping
Zhou d/b/a Runshion; Huijukon d/b/a Shenzhen Hui Ju Kang Technology Co.
Ltd.; Barsone d/b/a Shenzhen Senweite Electronic Commerce Ltd.; Oumeiou
d/b/a Shenzhen Oumeiou Technology Co., Ltd. (``Oumeiou''); Grando d/b/a
Shenzhen Dashentai Network Technology Co., Ltd.; Shenzhen Yingxue
Technology Co., Ltd. (``Shenzhen Yingxue''); Shenzhen Longwang
Technology Co., Ltd., d/b/a LWANG; Hu Peng d/b/a AtomBud; Wang Guoxiang
d/b/a Minse (``Minse'') all of Shenzhen, China. The Office of Unfair
Import Investigations (``OUII'') was named as a party to the
investigation.
Global Box, LLC and Chang Lee d/b/a Frentaly were terminated on the
basis of a consent order. Commission Notice (March 21, 2017);
Commission Notice (May 15, 2017). Barsone d/b/a Shenzhen Senweite
Electronic Commerce Ltd., Shenzhen Youtai Trade Company Limited, d/b/a
NoChoice, Ninghuaxian Wangfulong Chaojishichang Youxian Gongsi, Ltd.,
d/b/a EasybuyUS, Shenzhen Gold South Technology Co., Ltd. d/b/a
Baidatong, Cyrift d/b/a Guangzhou Sunway E-Commerce LLC, Hu Peng d/b/a
AtomBud, Grando d/b/a Shenzhen Dashentai Network Technology Co., Ltd.,
Huijukon d/b/a Shenzhen Hui Ju Kang Technology Co. Ltd., Luo, Qiben, d/
b/a Lita International Shop, Shenzhen New Dream Sailing Electronic
Technology Co., Ltd. d/b/a MegaDream, Spinido Inc., Dang Yuya d/b/a
Sminiker, and Yuan I d/b/a Bestrix were terminated because service
could not be effected. Commission Notice (June 13, 2017). The remaining
respondents were previously found in default (collectively, ``the
Defaulting Respondents''). Commission Notice (May 26, 2017). In
addition, the '746 and '959 patents were previously terminated from the
investigation. Commission Notice (July 28, 2017).
On May 18, 2017, Nite Ize filed a Motion for Summary Determination
of Violation by the Defaulting Respondents and for a Recommended
Determination on Remedy and Bonding, Including Issuance of a General
Exclusion Order, Limited Exclusion Orders, and Cease and Desist Orders.
On June 16, 2017, the ALJ issued Order No. 14 granting in-part Nite
Ize's motion for summary determination. The Commission determined not
to review that ID. Commission Notice (July 14, 2017).
On September 12, 2017, the ALJ issued his final ID finding a
violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337. On
the same day, the ALJ issued his Recommended Determination on Remedy
and Bonding. No petitions for review were filed.
The Commission has determined to review the subject ID in-part.
Specifically, the Commission has determined to review the ID's analysis
and findings with respect to the economic prong of the domestic
industry requirement. The Commission
[[Page 54414]]
does not request any submissions on the issue under review.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) 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 (Dec. 1994)
(Comm'n Op.). In particular, the written submissions should address any
request for a cease and desist order in the context of recent
Commission opinions, including those in Certain Arrowheads with
Deploying Blades and Components Thereof and Packaging Therefor, Inv.
No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain Electric Skin
Care Devices, Brushes and Chargers Therefor, and Kits Containing the
Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). Specifically, if
Complainant seeks a cease and desist order against a defaulting
respondent, the written submissions should respond to the following
requests:
(1) Please identify with citations to the record any information
regarding commercially significant inventory in the United States as
to each respondent against whom a cease and desist order is sought.
If Complainant also relies on other significant domestic operations
that could undercut the remedy provided by an exclusion order,
please identify with citations to the record such information as to
each respondent against whom a cease and desist order is sought.
(2) In relation to the infringing products, please identify any
information in the record, including allegations in the pleadings,
that addresses the existence of any domestic inventory, any domestic
operations, or any sales-related activity directed at the United
States for each respondent against whom a cease and desist order is
sought.
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: Each party's written submission must be filed
no later than close of business on Thursday, November 30, 2017. Reply
submissions must be filed no later than the close of business on
Thursday, December 7, 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 deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
pursuant to Commission Rule 210.4(f), 19 CFR 210.4(f). Submissions
should refer to the investigation number (``Inv. No. 337-TA-1028'') in
a prominent place on the cover page and/or the first page. (See
Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.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, 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 non-confidential 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: November 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24927 Filed 11-16-17; 8:45 am]
BILLING CODE 7020-02-P