Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 3769-3770 [2018-01425]

Download as PDF Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES Issued: January 24, 2018. William R. Bishop, Supervisory Hearings and Information Officer. Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain programmable logic controllers [FR Doc. 2018–01626 Filed 1–24–18; 4:15 pm] (PLCS), components thereof, and BILLING CODE 7020–02–P products containing same. The complaint names as respondent: Rockwell Automation, Inc. of INTERNATIONAL TRADE Milwaukee, WI. The complainant COMMISSION requests that the Commission issue an Notice of Receipt of Complaint; exclusion order, a cease and desist Solicitation of Comments Relating to order. the Public Interest Proposed respondents, other interested parties, and members of the AGENCY: U.S. International Trade public are invited to file comments, not Commission. to exceed five (5) pages in length, ACTION: Notice. inclusive of attachments, on any public interest issues raised by the complaint SUMMARY: Notice is hereby given that or § 210.8(b) filing. Comments should the U.S. International Trade address whether issuance of the relief Commission has received a complaint specifically requested by the entitled Certain Programmable Logic complainant in this investigation would Controllers (PLCS), Components Thereof, and Products Containing Same, affect the public health and welfare in the United States, competitive DN 3289; the Commission is soliciting conditions in the United States comments on any public interest issues economy, the production of like or raised by the complaint or directly competitive articles in the complainant’s filing pursuant to the United States, or United States Commission’s Rules of Practice and consumers. Procedure. In particular, the Commission is FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, interested in comments that: (i) Explain how the articles U.S. International Trade Commission, potentially subject to the requested 500 E Street SW, Washington, DC remedial orders are used in the United 20436, telephone (202) 205–2000. The States; public version of the complaint can be (ii) identify any public health, safety, accessed on the Commission’s or welfare concerns in the United States Electronic Document Information relating to the requested remedial System (EDIS) at https://edis.usitc.gov, orders; and will be available for inspection (iii) identify like or directly during official business hours (8:45 a.m. competitive articles that complainant, to 5:15 p.m.) in the Office of the its licensees, or third parties make in the Secretary, U.S. International Trade United States which could replace the Commission, 500 E Street SW, subject articles if they were to be Washington, DC 20436, telephone (202) excluded; 205–2000. (iv) indicate whether complainant, General information concerning the complainant’s licensees, and/or third Commission may also be obtained by party suppliers have the capacity to accessing its internet server at United replace the volume of articles States International Trade Commission potentially subject to the requested (USITC) at https://www.usitc.gov. The exclusion order and/or a cease and public record for this investigation may desist order within a commercially be viewed on the Commission’s reasonable time; and Electronic Document Information (v) explain how the requested System (EDIS) at https://edis.usitc.gov. remedial orders would impact United Hearing-impaired persons are advised States consumers. that information on this matter can be Written submissions must be filed no obtained by contacting the later than by close of business, eight Commission’s TDD terminal on (202) calendar days after the date of 205–1810. publication of this notice in the Federal SUPPLEMENTARY INFORMATION: The Register. There will be further Commission has received a complaint opportunities for comment on the and a submission pursuant to § 210.8(b) public interest after the issuance of any of the Commission’s Rules of Practice final initial determination in this and Procedure filed on behalf of investigation. Persons filing written submissions Radwell International Inc. on January must file the original document 19, 2018. The complaint alleges electronically on or before the deadlines violations of section 337 of the Tariff VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 3769 stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3289) in a prominent place on the cover page and/ or the first page. (See Handbook for Electonic Filing Procedures, Electronic Filing Procedures 1). 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 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\26JAN1.SGM 26JAN1 3770 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices Issued: January 23, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–01425 Filed 1–25–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1098] Certain Subsea Telecommunication Systems and Components Thereof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 22, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Neptune Subsea Acquisitions Ltd. of the United Kingdom; Neptune Subsea IP Ltd. of the United Kingdom; and Xtera, Inc. of Allen, Texas. Supplements to the complaint were filed on January 4 and 8, 2018. The complaint 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 subsea telecommunication systems and components thereof by reason of infringement of one or more of U.S. Patent No. 8,380,068 (‘‘the ’068 Patent’’); U.S. Patent No. 7,860,403 (‘‘the ’403 Patent’’); U.S. Patent No. 8,971,171 (‘‘the ’171 Patent’’); U.S. Patent No. 8,351,798 (‘‘the ’798 Patent’’); and U.S. Patent No. 8,406,637 (‘‘the ’637 Patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The amended complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 assistance in gaining access to the Commission should contact the Office of the Secretary at (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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the amended complaint, the U.S. International Trade Commission, on January 19, 2018, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain subsea telecommunication systems and components thereof by reason of infringement of one or more of claims 1–15 of the ’068 Patent; claims 1–14 of the ’403 Patent; claims 1–10 of the ’171 Patent; claims 13–20 of the ’798 Patent; and claims 1–6 of the ’637 Patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(l), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Neptune Subsea Acquisitions Ltd., Bates House, Church Road, Harold Wood, Essex, RM3 0SD, UK PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 Neptune Subsea IP Ltd., Bates House, Church Road, Harold Wood, Essex, RM3 0SD, UK Xtera, Inc., 500 West Bethany Drive, Allen, TX 75013 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Nokia Corporation, Karaportti 3, 02610 Espoo, Finland Nokia Solutions and Networks B.V., Antareslaan 1, 2132JE Hoofddorp, The Netherlands Nokia Solutions and Networks Oy, Karaportti 3, 02610 Espoo, Finland Alcatel-Lucent Submarine Networks SAS, 148 Route De La Reine, 148 AU 152, 92100 Boulogne Billancourt, France Nokia Solutions and Networks US LLC, 638 N Fifth Ave, Phoenix, AZ 85003 NEC Corporation, 7–1, Shiba 5-chome, Minato-ku, Tokyo 108–8001, Japan NEC Networks & System Integration Corporation, Iidabashi First Tower, 2– 6–1 Koraku, Bunkyo-ku, Tokyo, 112– 8560, Japan NEC Corporation of America, 3929 W. John Carpenter Freeway, Irving, TX 75063–2909 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3769-3770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01425]


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INTERNATIONAL TRADE COMMISSION


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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Programmable Logic 
Controllers (PLCS), Components Thereof, and Products Containing Same, 
DN 3289; the Commission is soliciting comments on any public interest 
issues raised by the complaint or complainant's filing pursuant to the 
Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at 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 at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Radwell International Inc. on 
January 19, 2018. The complaint alleges violations of section 337 of 
the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain programmable logic controllers 
(PLCS), components thereof, and products containing same. The complaint 
names as respondent: Rockwell Automation, Inc. of Milwaukee, WI. The 
complainant requests that the Commission issue an exclusion order, a 
cease and desist order.
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or Sec.  210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3289) in a prominent place on the cover page and/
or the first page. (See Handbook for Electonic Filing Procedures, 
Electronic Filing Procedures \1\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
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,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.


[[Page 3770]]


    Issued: January 23, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01425 Filed 1-25-18; 8:45 am]
 BILLING CODE 7020-02-P

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