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]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES 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). E:\FR\FM\23APN1.SGM 23APN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 VerDate Sep<11>2014 17:49 Apr 22, 2019 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 PO 00000 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 E:\FR\FM\23APN1.SGM 23APN1 jbell on DSK3GLQ082PROD with NOTICES 16884 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, http://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 VerDate Sep<11>2014 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: E:\FR\FM\23APN1.SGM 23APN1

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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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, http://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