Certain Road Milling Machines and Components Thereof Commission Determination To Review in Part a Final Initial Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding, 16882-16884 [2019-08104]
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16882
Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices
percent of the 2018 Fair Market Rents (FMRs)
for zero and one-bedroom units.
Nature of Requirement: The regulation, 24
CFR 982.503(a)(3). states that a public
housing agency (PHA) voucher payment
standard schedule shall establish a single
payment standard amount for each unit size.
For each unit size, the PHA may establish a
single payment standard amount for the
whole FMR area or may establish a separate
payment standard amount for each
designated part of the FMR area. A waiver of
this regulation is necessary to establish a
separate payment standard for the HUD–
VASH program. The second regulation 24
CFR 982.503(c)(2) states that the HUD office
may approve an exception payment standard
amount from 110 percent of the published
FMR to 120 percent of the published FMR if
the HUD Field Office determines that
approval is justified by either the median
rent method of the 40th of 50th percentile
rent method and that such approval is also
supported by an appropriated program
justification.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: December 4, 2018.
Reason Waived: This waiver was approved
because of the rising rents throughout the Los
Angeles area and to better serve HUD–VASH
families.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 5.801(c) and 24 CFR
5.801(d)(1).
Project/Activity: Puerto Rico Housing
Finance Authority (RQ911).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A–133.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: October 1, 2018.
Reason Waived: The HA requested relief
from compliance for additional time to
submit its financial reporting requirements
for the fiscal year end (FYE) of June 30, 2017.
The HA is still recovering from damages
resulting from hurricanes which began
September 20, 2017 and is in Category C of
the applicable Major Disaster Declaration for
Hurricane Maria. The circumstances
preventing the HA from submitting its FYE
2017 audited financial data by the due date
was acceptable. Accordingly, the HA has
until March 31, 2019, to submit its audited
financial information to the Department. The
approval of the Financial Assessment
Subsystem (FASS) audited financial
submission only permits the extension for
filing. The HA is required to contact the
HUDOIG Single Audit Coordinator at
VerDate Sep<11>2014
17:49 Apr 22, 2019
Jkt 247001
HUDOIGSingleAuditCoordinator@hudoig.gov
for Single Audit extensions applicable to the
Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, Program
Manager, NASS, Real Estate Assessment
Center, Office of Public and Indian Housing,
Department of Housing and Urban
Development, 550 12th Street SW, Suite 100,
Washington, DC 20410, telephone (202) 475–
7908.
• Regulation: 24 CFR 5.801(c) and 24 CFR
5.801(d)(1).
Project/Activity: Puerto Rico Department of
Housing (RQ901).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A–133.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: October 1, 2018.
Reason Waived: The HA requested relief
from compliance for additional time to
submit its financial reporting requirements
for the fiscal year end (FYE) of June 30, 2017.
The HA is still recovering from damages
resulting from hurricanes which began
September 20, 2017 and is in Category C of
the applicable Major Disaster Declaration for
Hurricane Maria. The circumstances
preventing the HA from submitting its FYE
2017 audited financial data by the due date
was acceptable. Accordingly, the HA has
until March 31, 2019, to submit its audited
financial information to the Department. The
approval of the Financial Assessment
Subsystem (FASS) audited financial
submission only permits the extension for
filing. The HA is required to contact the
HUDOIG Single Audit Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov
for Single Audit extensions applicable to the
Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, Program
Manager, NASS, Real Estate Assessment
Center, Office of Public and Indian Housing,
Department of Housing and Urban
Development, 550 12th Street SW, Suite 100,
Washington, DC 20410, telephone (202) 475–
7908.
[FR Doc. 2019–08170 Filed 4–22–19; 8:45 am]
BILLING CODE 4210–67–P
[FR Doc. 2019–08068 Filed 4–22–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1067]
Certain Road Milling Machines and
Components Thereof Commission
Determination To Review in Part a
Final Initial Determination; Schedule
for Filing Written Submissions on
Remedy, the Public Interest, and
Bonding
Determination
On the basis of the record 1 developed
in the subject five-year reviews, the
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
Sfmt 4703
Notice is hereby given that
the U.S. International Trade
Commission (‘‘the Commission’’) has
determined to review in part the final
initial determination (‘‘ID’’) issued by
the presiding administrative law judge
(‘‘ALJ’’) finding a violation of section
337 of the Tariff Act of 1930, as
SUMMARY:
Silicomanganese from India,
Kazakhstan, and Venezuela
Fmt 4703
By order of the Commission.
Issued: April 17, 2019.
Lisa Barton,
Secretary to the Commission.
U.S. International Trade
Commission.
ACTION: Notice.
[Investigation Nos. 731–TA–929–931 (Third
Review)]
Frm 00047
Background
The Commission, pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)),
instituted these reviews on September 4,
2018 (83 FR 44898) and determined on
December 10, 2019, that it would
conduct expedited reviews (84 FR 8544,
March 8, 2019).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on April 17, 2019.2 The
views of the Commission are contained
in USITC Publication 4881 (April 2019),
entitled Silicomanganese from India,
Kazakhstan, and Venezuela:
Investigation Nos. 731–TA–929–931
(Third Review).
AGENCY:
INTERNATIONAL TRADE
COMMISSION
PO 00000
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty orders on
silicomanganese from India,
Kazakhstan, and Venezuela would be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
2 Due to the lapse in appropriations and ensuing
cessation of Commission operations, all import
injury reviews conducted under authority of title
VII of the Act accordingly have been tolled
pursuant to 19 U.S.C. 1675(c)(5).
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amended (‘‘section 337’’), in the abovereferenced investigation on October 1,
2018.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3115. 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
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), on August 25, 2017,
based on a complaint filed by Wirtgen
America, Inc. of Antioch, Tennessee
(‘‘Wirtgen’’ or ‘‘Complainant’’). 82 FR
40596–97 (Aug. 25, 2017). The
complaint alleges a violation of section
337 by reason of infringement of certain
claims of U.S. Patent Nos. 9,644,340
(‘‘the ’340 patent’’); 9,624,628 (‘‘the ’628
patent’’); 9,656,530 (‘‘the ’530 patent’’);
7,530,641 (‘‘the ’641 patent’’); and
7,828,309 (‘‘the ’309 patent’’). The
complaint named as respondents
Caterpillar Bitelli SpA of Minerbio, Italy
(‘‘Caterpillar Bitelli’’); Caterpillar
Prodotti Stradali S.r.L. of Minerbio,
Italy; Caterpillar Americas CV of
Geneva, Switzerland; Caterpillar Paving
Products, Inc. of Minneapolis, MN; and
Caterpillar Inc. of Peoria, IL
(‘‘Caterpillar’’ or ‘‘Respondents’’). Id. at
40596. The Office of Unfair Import
Investigations is named as a party in
this investigation. Id. Subsequently, the
investigation was terminated as to
respondent Caterpillar Bitelli. The
investigation was also terminated with
respect to the ’628 patent.
The evidentiary hearing on the
question of violation of section 337 was
held April 20–24, 2018. The ALJ issued
a final ID on violation on October 1,
2018. The ID found that a violation of
section 337 has occurred in this
investigation with respect to the ’530
and ’309 patents, and no violation of
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Jkt 247001
section 337 has occurred with respect to
the ’641 and ’340 patent. The
Commission determined to extend the
deadlines for determining whether to
review the final ID and/or the target date
of the investigation by notices dated
February 21, 2019; February 4, 2019;
and November 9, 2018. We note that
these notices inadvertently misstated
that the ALJ found no violation of
section 337 in this investigation, and we
hereby correct those misstatements. The
ALJ issued his recommended
determination (‘‘RD’’) on remedy, the
public interest and bonding on October
18, 2018. The RD recommended that if
the Commission finds a violation of
section 337 in the present investigation,
the Commission should: (1) Issue a
limited exclusion order (‘‘LEO’’)
covering products that infringe the
patent claims as to which a violation of
section 337 has been found; (2) issue a
cease and desist order (‘‘CDO’’); and (3)
require no bond during the Presidential
review period.
Both parties to the investigation filed
timely petitions for review of various
portions of the final ID, as well as timely
responses to the petitions. The parties
also timely filed their respective Public
Interest Statements pursuant to 19 CFR
210.50(a)(4). Responses from the public
were likewise received by the
Commission pursuant to notice. See
Notice of Request for Statements on the
Public Interest (Oct. 16, 2018).
Having examined the record in this
investigation, including the final ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the final ID in part. In
particular, the Commission has
determined to review the ALJ’s findings
and analysis pertaining to the
obviousness determinations with regard
to claims 26, 35, and 36 of the ’309
patent, see ID at 107–111, 120–123,
124–128, 128–130, 130–136, and, on
review, to state that these findings and
analysis lead to the conclusion that
claims 26, 35, and 36 are invalid as
obvious. As a result, the Commission
modifies the conclusion of law No. 18
on page 436 of the ID to read as follows:
‘‘18) Caterpillar has shown through
clear and convincing evidence that
asserted claim 36 of the ’309 Patent is
invalid as obvious under 35 U.S.C. 103.
Caterpillar has not shown through clear
and convincing evidence that asserted
claims 10 and 29 of the ’309 Patent are
invalid under 35 U.S.C. 103.’’
The Commission has determined not
to review the remainder of the ID.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
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Frm 00048
Fmt 4703
Sfmt 4703
16883
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the 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 are 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
(Dec. 1994).
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.
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. Such
submissions should address the
recommended determination on
remedy, the public interest and bonding
issued on October 18, 2018, by the ALJ.
Complainants are also requested to
submit proposed remedial orders for the
Commission’s consideration.
Complainants are further requested to
provide the expiration date of the ’530
and ’309 patents, the HTSUS numbers
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Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices
under which the accused articles are
imported, and any known importers of
the accused products. The written
submissions and proposed remedial
orders must be filed no later than the
close of business on May 1, 2019. Reply
submissions must be filed no later than
the close of business on May 8, 2019. 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 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–1067’’) 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_electronicfiling.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, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. 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
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17:49 Apr 22, 2019
Jkt 247001
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: April 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–08104 Filed 4–22–19; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Meeting of the CJIS Advisory Policy
Board
Federal Bureau of
Investigation, Department of Justice.
ACTION: Meeting notice.
AGENCY:
The purpose of this notice is
to announce the meeting of the Federal
Bureau of Investigation’s Criminal
Justice Information Services (CJIS)
Advisory Policy Board (APB). The CJIS
APB is a federal advisory committee
established pursuant to the Federal
Advisory Committee Act (FACA). This
meeting announcement is being
published as required by Section 10 of
the FACA.
DATES: The APB will meet in open
session from 9:00 a.m. until 5:30 p.m.,
on June 5, 2019.
ADDRESSES: The meeting will take place
at Hyatt Regency Jacksonville Riverfront
Hotel, 225 East Coastline Drive,
Jacksonville, FL 32202, telephone (904)
588–1234.
FOR FURTHER INFORMATION CONTACT:
Inquiries may be addressed to Ms.
Jillana Plybon; Management and
Program Analyst; CJIS Training and
Advisory Process Unit, Resources
Management Section; FBI CJIS Division,
Module C2, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306–0149;
telephone (304) 625–5424, facsimile
(304) 625–5090.
SUPPLEMENTARY INFORMATION: The FBI
CJIS APB is responsible for reviewing
policy issues and appropriate technical
and operational issues related to the
programs administered by the FBI’s CJIS
Division, and thereafter, making
appropriate recommendations to the FBI
Director. The programs administered by
the CJIS Division are the Next
Generation Identification, Interstate
Identification Index, Law Enforcement
Enterprise Portal, National Crime
Information Center, National Instant
Criminal Background Check System,
National Incident-Based Reporting
System, National Data Exchange, and
Uniform Crime Reporting.
SUMMARY:
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
This meeting is open to the public.
All attendees will be required to checkin at the meeting registration desk.
Registrations will be accepted on a
space available basis. Interested persons
whose registrations have been accepted
may be permitted to participate in the
discussions at the discretion of the
meeting chairman and with approval of
the Designated Federal Officer (DFO).
Any member of the public may file a
written statement with the Board.
Written comments shall be focused on
the APB’s current issues under
discussion and may not be repetitive of
previously submitted written
statements. Written comments should
be provided to Mr. Nicky J. Megna,
Acting DFO, at least seven (7) days in
advance of the meeting so that the
comments may be made available to the
APB for their consideration prior to the
meeting.
Anyone requiring special
accommodations should notify Mr.
Megna at least seven (7) days in advance
of the meeting.
Dated: April 1, 2019.
Nicky J. Megna,
Acting CJIS Designated Federal Officer,
Criminal Justice Information Services
Division, Federal Bureau of Investigation.
[FR Doc. 2019–08161 Filed 4–22–19; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Comment Request; National
Dislocated Workers Emergency Grant
Application and Reporting Procedures
ACTION:
Notice.
The Department of Labor’s
(DOL’s) Employment and Training
Administration (ETA) is soliciting
comments concerning a proposed
extension for the authority to conduct
the information collection request (ICR)
titled, ‘‘National Dislocated Workers
Emergency Grant Application and
Reporting Procedures.’’ 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 June 24,
2019.
ADDRESSES: A copy of this ICR with
applicable supporting documentation,
including a description of the likely
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16882-16884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08104]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1067]
Certain Road Milling Machines and Components Thereof Commission
Determination To Review in Part a Final Initial Determination; Schedule
for Filing 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 (``the Commission'') has determined to review in part the
final initial determination (``ID'') issued by the presiding
administrative law judge (``ALJ'') finding a violation of section 337
of the Tariff Act of 1930, as
[[Page 16883]]
amended (``section 337''), in the above-referenced investigation on
October 1, 2018.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. 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
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), on August 25, 2017, based on a complaint filed by
Wirtgen America, Inc. of Antioch, Tennessee (``Wirtgen'' or
``Complainant''). 82 FR 40596-97 (Aug. 25, 2017). The complaint alleges
a violation of section 337 by reason of infringement of certain claims
of U.S. Patent Nos. 9,644,340 (``the '340 patent''); 9,624,628 (``the
'628 patent''); 9,656,530 (``the '530 patent''); 7,530,641 (``the '641
patent''); and 7,828,309 (``the '309 patent''). The complaint named as
respondents Caterpillar Bitelli SpA of Minerbio, Italy (``Caterpillar
Bitelli''); Caterpillar Prodotti Stradali S.r.L. of Minerbio, Italy;
Caterpillar Americas CV of Geneva, Switzerland; Caterpillar Paving
Products, Inc. of Minneapolis, MN; and Caterpillar Inc. of Peoria, IL
(``Caterpillar'' or ``Respondents''). Id. at 40596. The Office of
Unfair Import Investigations is named as a party in this investigation.
Id. Subsequently, the investigation was terminated as to respondent
Caterpillar Bitelli. The investigation was also terminated with respect
to the '628 patent.
The evidentiary hearing on the question of violation of section 337
was held April 20-24, 2018. The ALJ issued a final ID on violation on
October 1, 2018. The ID found that a violation of section 337 has
occurred in this investigation with respect to the '530 and '309
patents, and no violation of section 337 has occurred with respect to
the '641 and '340 patent. The Commission determined to extend the
deadlines for determining whether to review the final ID and/or the
target date of the investigation by notices dated February 21, 2019;
February 4, 2019; and November 9, 2018. We note that these notices
inadvertently misstated that the ALJ found no violation of section 337
in this investigation, and we hereby correct those misstatements. The
ALJ issued his recommended determination (``RD'') on remedy, the public
interest and bonding on October 18, 2018. The RD recommended that if
the Commission finds a violation of section 337 in the present
investigation, the Commission should: (1) Issue a limited exclusion
order (``LEO'') covering products that infringe the patent claims as to
which a violation of section 337 has been found; (2) issue a cease and
desist order (``CDO''); and (3) require no bond during the Presidential
review period.
Both parties to the investigation filed timely petitions for review
of various portions of the final ID, as well as timely responses to the
petitions. The parties also timely filed their respective Public
Interest Statements pursuant to 19 CFR 210.50(a)(4). Responses from the
public were likewise received by the Commission pursuant to notice. See
Notice of Request for Statements on the Public Interest (Oct. 16,
2018).
Having examined the record in this investigation, including the
final ID, the petitions for review, and the responses thereto, the
Commission has determined to review the final ID in part. In
particular, the Commission has determined to review the ALJ's findings
and analysis pertaining to the obviousness determinations with regard
to claims 26, 35, and 36 of the '309 patent, see ID at 107-111, 120-
123, 124-128, 128-130, 130-136, and, on review, to state that these
findings and analysis lead to the conclusion that claims 26, 35, and 36
are invalid as obvious. As a result, the Commission modifies the
conclusion of law No. 18 on page 436 of the ID to read as follows:
``18) Caterpillar has shown through clear and convincing evidence that
asserted claim 36 of the '309 Patent is invalid as obvious under 35
U.S.C. 103. Caterpillar has not shown through clear and convincing
evidence that asserted claims 10 and 29 of the '309 Patent are invalid
under 35 U.S.C. 103.''
The Commission has determined not to review the remainder of the
ID.
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
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 are 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
(Dec. 1994).
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.
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. Such submissions should address the recommended
determination on remedy, the public interest and bonding issued on
October 18, 2018, by the ALJ. Complainants are also requested to submit
proposed remedial orders for the Commission's consideration.
Complainants are further requested to provide the expiration date
of the '530 and '309 patents, the HTSUS numbers
[[Page 16884]]
under which the accused articles are imported, and any known importers
of the accused products. The written submissions and proposed remedial
orders must be filed no later than the close of business on May 1,
2019. Reply submissions must be filed no later than the close of
business on May 8, 2019. 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 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-1067'') 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_electronicfiling.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, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. 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: April 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-08104 Filed 4-22-19; 8:45 am]
BILLING CODE 7020-02-P
