Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Commission Determination Not To Review a Final Initial Determination Finding a Section 337 Violation by the Defaulted Respondents, 67346-67348 [2018-28175]
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67346
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
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
limited exclusion order within a
commercially reasonable time; and
(v) Explain how the recommended
limited exclusion order would impact
consumers in the United States.
Written submissions must be filed no
later than by close of business on
January 16, 2019.
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.
1081’’) 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,
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
1 All contract personnel will sign appropriate
nondisclosure agreements.
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18:13 Dec 27, 2018
Jkt 247001
inspection at the Office of the Secretary
and on EDIS.
This action is taken under the
authority of 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, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–28174 Filed 12–27–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1074]
Certain Industrial Automation Systems
and Components Thereof Including
Control Systems, Controllers,
Visualization Hardware, Motion and
Motor Control Systems, Networking
Equipment, Safety Devices, and Power
Supplies; Commission Determination
Not To Review a Final Initial
Determination Finding a Section 337
Violation by the Defaulted
Respondents
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review a final initial determination
(‘‘FID’’) of the presiding administrative
law judge (‘‘ALJ’’) finding a section 337
violation by the Defaulted Respondents.
The Commission also requests written
submissions, under the schedule set
forth below, on remedy, the public
interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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
SUMMARY:
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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 October 16, 2017, based on a
complaint filed by Complainant
Rockwell Automation, Inc. of
Milwaukee, Wisconsin. See 82 FR
48113–15 (Oct. 16, 2017). The
complaint, as supplemented, alleges
violations of section 337 based on the
infringement of certain registered
trademarks and copyrights and on
unfair methods of competition and
unfair acts in the importation or sale of
certain industrial automation systems
and components thereof including
control systems, controllers,
visualization hardware, motion and
motor control systems, networking
equipment, safety devices, and power
supplies, the threat or effect of which is
to destroy or substantially injure an
industry in the United States. See id.
The Notice of Investigation identifies
the following respondents: Can Electric
Limited of Guangzhou, China (‘‘Can
Electric’’); Capnil (HK) Company
Limited of Hong Kong (‘‘Capnil’’);
Fractioni (Hongkong) Ltd. of Shanghai,
China (‘‘Fractioni’’); Fujian Dahong
Trade Co. of Fujian, China (‘‘Dahong’’);
GreySolution Limited d/b/a Fibica of
Hong Kong (‘‘GreySolution’’); Huang
Wei Feng d/b/a A–O–M Industry of
Shenzhen, China (‘‘Huang’’); KBS
Electronics Suzhou Co, Ltd. of
Shanghai, China (‘‘KBS’’); PLC–VIP
Shop d/b/a VIP Tech Limited of Hong
Kong (‘‘PLC–VIP’’); Radwell
International, Inc. d/b/a PLC Center of
Willingboro, New Jersey (‘‘Radwell’’);
Shanghai EuoSource Electronic Co., Ltd
of Shanghai, China (‘‘EuoSource’’);
ShenZhen T-Tide Trading Co., Ltd. of
Shenzhen, China (‘‘T-Tide’’); SoBuy
Commercial (HK) Co. Limited of Hong
Kong (‘‘SoBuy’’); Suzhou Yi Micro
Optical Co., Ltd., d/b/a Suzhou Yiwei
Guangxue Youxiangongsi, d/b/a Easy
Microoptics Co. LTD. of Jiangsu, China
(‘‘Suzhou’’); Wenzhou Sparker Group
Co. Ltd., d/b/a Sparker Instruments of
Wenzhou, China (‘‘Sparker’’); and
Yaspro Electronics (Shanghai) Co., Ltd.
of Shanghai, China (‘‘Yaspro’’). See id.
In addition, the Office of Unfair Import
Investigations is also a party in this
investigation. See id.
Nine respondents were found in
default, namely, Fractioni,
GreySolution, KBS, EuoSource, T-Tide,
SoBuy, Suzhou, Yaspro and Can Electric
(collectively, ‘‘the Defaulted
Respondents’’). See Order No. 17 (Feb.
1, 2018), unreviewed, Comm’n Notice
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(Feb. 26, 2018); Order No. 32 (June 28,
2018), unreviewed, Comm’n Notice (July
24, 2018). Furthermore, five unserved
respondents (Capnil, Dahong, Huang,
PLC–VIP, and Sparker) were terminated
from the investigation, and one
respondent (Radwell) was terminated
based on the entry of a consent order.
See Order No. 41 (July 17, 2018),
unreviewed, Comm’n Notice (Aug. 13,
2018); Order No. 42 (July 20, 2018),
unreviewed, Comm’n Notice (Aug. 15,
2018).
On October 23, 2018, the ALJ issued
the subject FID finding a violation of
section 337 by the Defaulted
Respondents and recommending that
the Commission: (1) Issue a general
exclusion order; (2) issue a cease and
desist order against Defaulted
Respondent Fractioni; and (3) set a bond
at 100 percent of the entered value. No
petitions for review of the subject FID
were filed.
The Commission has determined not
to review the subject FID.
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
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18:13 Dec 27, 2018
Jkt 247001
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: 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 Commission
investigative attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration.
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67347
Complainant is also requested to state
the HTSUS numbers under which the
accused products are imported and to
supply the names of known importers of
the infringing articles.
Written submissions must be filed no
later than close of business on January
11, 2019. Reply submissions must be
filed no later than the close of business
on January 18, 2019. Such submissions
should address the ALJ’s recommended
determinations on remedy and bonding
which were made in the FID. 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 (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–1074’’) 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
1 All contract personnel will sign appropriate
nondisclosure agreements.
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
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, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–28175 Filed 12–27–18; 8:45 am]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Hearing of the Judicial Conference
Advisory Committee on the Federal
Rules of Evidence
The Advisory Committee on
the Federal Rules of Evidence, Judicial
Conference of the United States.
ACTION: Notice of cancellation of public
hearing.
AGENCY:
The January 18, 2019 public
hearing in Washington, DC, on proposed
amendments to the Evidence Rules has
been canceled.
FOR FURTHER INFORMATION CONTACT:
Rebecca A. Womeldorf, Rules
Committee Secretary, Rules Committee
Staff, Administrative Office of the
United States Courts, Washington, DC
20544, telephone (202) 502–1820.
SUPPLEMENTARY INFORMATION:
Announcements for this hearing were
previously published in 83 FR 39463
and 83 FR44305.
SUMMARY:
Dated: December 20, 2018.
Rebecca A. Womeldorf,
Rules Committee Secretary.
[FR Doc. 2018–28160 Filed 12–27–18; 8:45 am]
BILLING CODE 2210–55–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
amozie on DSK3GDR082PROD with NOTICES1
[Docket No. DEA–488E]
Established Aggregate Production
Quotas for Schedule I and II Controlled
Substances and Assessment of
Annual Needs for the List I Chemicals
Ephedrine, Pseudoephedrine, and
Phenylpropanolamine for 2019
Drug Enforcement
Administration, Department of Justice.
ACTION: Final order.
AGENCY:
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18:13 Dec 27, 2018
Jkt 247001
This final order establishes
the initial 2019 aggregate production
quotas for controlled substances in
schedules I and II of the Controlled
Substances Act and the assessment of
annual needs for the list I chemicals
ephedrine, pseudoephedrine, and
phenylpropanolamine.
DATES: Valid December 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Kathy L. Federico, Regulatory Drafting
and Policy Support Section (DPW),
Diversion Control Division, Drug
Enforcement Administration, 8701
Morrissette Drive, Springfield, VA
22152, Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Legal Authority
Section 306 of the Controlled
Substances Act (CSA) (21 U.S.C. 826)
requires the Attorney General to
establish aggregate production quotas
for each basic class of controlled
substance listed in schedules I and II
and for the list I chemicals ephedrine,
pseudoephedrine, and
phenylpropanolamine. The Attorney
General has delegated this function to
the Administrator of the DEA pursuant
to 28 CFR 0.100.
Background
The 2019 aggregate production quotas
and assessment of annual needs
represent those quantities of schedule I
and II controlled substances and the list
I chemicals ephedrine,
pseudoephedrine, and
phenylpropanolamine that may be
manufactured in the United States in
2019 to provide for the estimated
medical, scientific, research, and
industrial needs of the United States, for
lawful export requirements, and for the
establishment and maintenance of
reserve stocks. These quotas include
imports of ephedrine, pseudoephedrine,
and phenylpropanolamine, but do not
include imports of controlled
substances for use in industrial
processes.
On August 20, 2018, the DEA
published a notice titled ‘‘Proposed
Aggregate Production Quotas for
Schedule I and II Controlled Substances
and Assessment of Annual Needs for the
List I Chemicals Ephedrine,
Pseudoephedrine, and
Phenylpropanolamine for 2019’’ in the
Federal Register. 83 FR 42164. This
notice proposed the 2019 aggregate
production quotas for each basic class of
controlled substance listed in schedules
I and II and the 2019 assessment of
annual needs for the list I chemicals
ephedrine, pseudoephedrine, and
phenylpropanolamine. All interested
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Fmt 4703
Sfmt 4703
persons were invited to comment on or
object to the proposed aggregate
production quotas and the proposed
assessment of annual needs on or before
September 19, 2018.
Comments Received
The DEA received 48 comments from
professional organizations, patients,
associations, universities, Senators,
State Attorneys General, a doctor, DEA
registered entities, and non-DEA
entities. The comments included
concerns about the quota process,
shortages, prescriptions, diversion,
marihuana, requests for a hearing,
requests for increase in specific
production quotas, and other comments
that are outside the scope of the notice.
Quota Process
There were eight commenters that
expressed concerns about the quota
process. Some of these commenters
requested that the DEA consider
information from the Department of
Health and Human Services (HHS) and
the Food and Drug Administration
(FDA) to determine the aggregate
production quota. Other commenters
stated that the DEA did not consider the
factors contained in the Controlled
Substances Quotas Final Rule published
on July 16, 2018, 83 FR 32784, to
determine the 2019 aggregate
production quota.
The DEA has obtained and considered
relevant information from the FDA. The
information the DEA received included
the observed and estimated domestic
usage of 26 schedule II controlled
substances, new drug applications and
abbreviated drug application approvals,
and clinical trials for schedule I and II
controlled substances.
Regarding the Final Rule published
on July 16, 2018, 83 FR 32784, the DEA
amended the factors set forth in 21 CFR
1303.11 to be considered when setting
the aggregate production quotas to
include the extent of diversion of the
controlled substances in each class, and
relevant information obtained from the
HHS, the FDA, the Centers for Disease
Control and Prevention (CDC), the
Centers for Medicare and Medicaid
Services (CMS), and the states.
The DEA has solicited the states and
federal partners to obtain relevant
information to be considered when
setting the aggregate production quota
pursuant to 21 CFR 1303.11 and this
information will be considered for the
2019 proposed adjustments to the
aggregate production quota. The DEA
will continue to solicit information from
the states for the 2020 aggregate
production quotas and the years to
follow.
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67346-67348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28175]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1074]
Certain Industrial Automation Systems and Components Thereof
Including Control Systems, Controllers, Visualization Hardware, Motion
and Motor Control Systems, Networking Equipment, Safety Devices, and
Power Supplies; Commission Determination Not To Review a Final Initial
Determination Finding a Section 337 Violation by the Defaulted
Respondents
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 a final initial determination
(``FID'') of the presiding administrative law judge (``ALJ'') finding a
section 337 violation by the Defaulted Respondents. The Commission also
requests written submissions, under the schedule set forth below, on
remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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 October 16, 2017, based on a complaint filed by Complainant Rockwell
Automation, Inc. of Milwaukee, Wisconsin. See 82 FR 48113-15 (Oct. 16,
2017). The complaint, as supplemented, alleges violations of section
337 based on the infringement of certain registered trademarks and
copyrights and on unfair methods of competition and unfair acts in the
importation or sale of certain industrial automation systems and
components thereof including control systems, controllers,
visualization hardware, motion and motor control systems, networking
equipment, safety devices, and power supplies, the threat or effect of
which is to destroy or substantially injure an industry in the United
States. See id. The Notice of Investigation identifies the following
respondents: Can Electric Limited of Guangzhou, China (``Can
Electric''); Capnil (HK) Company Limited of Hong Kong (``Capnil'');
Fractioni (Hongkong) Ltd. of Shanghai, China (``Fractioni''); Fujian
Dahong Trade Co. of Fujian, China (``Dahong''); GreySolution Limited d/
b/a Fibica of Hong Kong (``GreySolution''); Huang Wei Feng d/b/a A-O-M
Industry of Shenzhen, China (``Huang''); KBS Electronics Suzhou Co,
Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop d/b/a VIP Tech Limited
of Hong Kong (``PLC-VIP''); Radwell International, Inc. d/b/a PLC
Center of Willingboro, New Jersey (``Radwell''); Shanghai EuoSource
Electronic Co., Ltd of Shanghai, China (``EuoSource''); ShenZhen T-Tide
Trading Co., Ltd. of Shenzhen, China (``T-Tide''); SoBuy Commercial
(HK) Co. Limited of Hong Kong (``SoBuy''); Suzhou Yi Micro Optical Co.,
Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics
Co. LTD. of Jiangsu, China (``Suzhou''); Wenzhou Sparker Group Co.
Ltd., d/b/a Sparker Instruments of Wenzhou, China (``Sparker''); and
Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China
(``Yaspro''). See id. In addition, the Office of Unfair Import
Investigations is also a party in this investigation. See id.
Nine respondents were found in default, namely, Fractioni,
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can
Electric (collectively, ``the Defaulted Respondents''). See Order No.
17 (Feb. 1, 2018), unreviewed, Comm'n Notice
[[Page 67347]]
(Feb. 26, 2018); Order No. 32 (June 28, 2018), unreviewed, Comm'n
Notice (July 24, 2018). Furthermore, five unserved respondents (Capnil,
Dahong, Huang, PLC-VIP, and Sparker) were terminated from the
investigation, and one respondent (Radwell) was terminated based on the
entry of a consent order. See Order No. 41 (July 17, 2018), unreviewed,
Comm'n Notice (Aug. 13, 2018); Order No. 42 (July 20, 2018),
unreviewed, Comm'n Notice (Aug. 15, 2018).
On October 23, 2018, the ALJ issued the subject FID finding a
violation of section 337 by the Defaulted Respondents and recommending
that the Commission: (1) Issue a general exclusion order; (2) issue a
cease and desist order against Defaulted Respondent Fractioni; and (3)
set a bond at 100 percent of the entered value. No petitions for review
of the subject FID were filed.
The Commission has determined not to review the subject FID.
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: 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 Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainant is also requested to state the HTSUS numbers
under which the accused products are imported and to supply the names
of known importers of the infringing articles.
Written submissions must be filed no later than close of business
on January 11, 2019. Reply submissions must be filed no later than the
close of business on January 18, 2019. Such submissions should address
the ALJ's recommended determinations on remedy and bonding which were
made in the FID. 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
(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-1074'') 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
[[Page 67348]]
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, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-28175 Filed 12-27-18; 8:45 am]
BILLING CODE 7020-02-P