Certain Microfluidic Devices; Notice of Request for Supplemental Submissions From the Parties and Interested Members of the Public and Interested Government Agencies; Extension of Target Date, 27802-27803 [2019-12549]
Download as PDF
<![CDATA[
27802
Federal Register / Vol. 84, No. 115 / Friday, June 14, 2019 / Notices
Wahpeton Oyate of the Lake Traverse
Reservation, South Dakota; Standing
Rock Sioux Tribe of North & South
Dakota; Upper Sioux Community,
Minnesota; Winnebago Tribe of
Nebraska; and the Yankton Sioux Tribe
of South Dakota may proceed.
Effigy Mounds National Monument is
responsible for notifying The Tribes that
this notice has been published.
Dated: May 17, 2019.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019–12590 Filed 6–13–19; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1068]
Certain Microfluidic Devices; Notice of
Request for Supplemental
Submissions From the Parties and
Interested Members of the Public and
Interested Government Agencies;
Extension of Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) is
requesting supplemental submissions
from the parties and interested members
of the public and interested government
agencies. The target date in this
investigation has been extended to
August 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ron
Traud, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–3427.
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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
Electronic Docket Information System
(‘‘EDIS’’) (https://edis.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:04 Jun 13, 2019
Jkt 247001
On
September 6, 2017, the Commission
instituted this investigation based on a
complaint filed by Bio-Rad Laboratories,
Inc. of Hercules, California (‘‘Bio-Rad’’)
and Lawrence Livermore National
Security, LLC of Livermore, California
(collectively, ‘‘Complainants’’). 82 FR
42115 (Sept. 6, 2017). Complainants
alleged a violation of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), by 10X
Genomics, Inc. of Pleasanton, California
(‘‘10X’’) based on its importation into
the United States of certain microfluidic
devices asserted to infringe one or more
claims of U.S. Patent Nos. 9,500,664;
9,636,682; 9,649,635; and 9,126,160. Id.
The Office of Unfair Import
Investigations was also named as a party
in this investigation. Id. The
Commission also directed the ALJ to
take evidence and hear arguments
regarding the public interest and
provide the Commission with findings
of fact and a recommended
determination on the statutory public
interest factors, as requested by 10X. Id.
On September 20, 2018, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination finding that
10X violated section 337 through its
importation of its GEM–Q and GEM–U
Chips (collectively, the ‘‘GEM Chips’’).
However, the ALJ found no violation by
10X based on its importation of its Chip
SE or Chip GB.
On September 28, 2018, the ALJ
issued a recommended determination
on remedy, bonding, and the public
interest (the ‘‘RD’’). The ALJ
recommended that, if the Commission
finds a violation of section 337, it
should issue a limited exclusion order
(‘‘LEO’’) against infringing microfluidic
devices, which are imported, sold for
importation, and/or sold after
importation by 10X. The LEO would
prevent the importation by 10X of
microfluidic devices that infringe
Complainants’ asserted patents. The ALJ
further recommended that, if the
Commission finds a violation of section
337, it should issue a cease and desist
order (‘‘CDO’’) against 10X. The CDO
would prevent the transfer by 10X to
others of microfluidic devices that
infringe Complainants’ asserted patents.
The ALJ found that ‘‘the public interest
factors weigh in favor of imposition of
the recommended remedial orders.’’ RD
at 30.
On December 4, 2018, the
Commission determined to review the
ALJ’s findings as to the GEM Chips, the
Chip SE, and the Chip GB. 83 FR 63672
(Dec. 11, 2018). Accordingly, the
Commission may find a section 337
violation and issue an LEO or CDO or
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
both relating to any or all of those
products. However, prior to issuing
remedial orders, the Commission must
consider the effect of those remedial
orders on the public interest. 19 U.S.C.
1337(d)(1), (f)(1). Given the current
record, the Commission is requesting
additional information regarding the
public interest from the parties,
interested members of the public, and
government agencies.
The parties, interested members of the
public, and interested government
agencies are requested to provide
statements and comments on the
following public interest issues. The
Commission is particularly interested in
responses that include detailed
information regarding specific research
projects being conducted in the United
States as of the date of this Notice.
(1) For current research projects being
conducted in the United States, please
provide the following information:
a. Please quantify and explain what,
if any, research setbacks (such as loss of
time, money, samples, or usable data)
would occur if the specific current
research project(s) were required to be
switched from 10X’s GEM Chips to
another system.
b. Please explain and quantify the
extent to which the Chip SE could
replace the GEM Chips in the current
ongoing research project(s) discussed
above.
c. To what extent would delaying the
effect of any exclusion or cease and
desist order covering 10X’s GEM Chips
ameliorate or prevent such setbacks for
the specific research project(s)? How
long of a delay in the effective date of
a remedial order would be necessary to
allow the specific ongoing research
project(s) to continue to completion
with 10X’s GEM Chips?
(2) Are there research areas for which
10X’s GEM Chips used with 10X’s
Chromium Controllers are the only
acceptable research platform? If so, why
are alternative products not acceptable?
(3) If the Commission were to tailor its
remedial orders to allow researchers
using the GEM Chips in the United
States as of the date of this Notice to
continue to receive the GEM Chips:
a. Please provide proposed remedial
order language for a certification that
would permit only imports for
researchers who have a documented
need to continue to receive the GEM
Chips for a specific current research
project that cannot be met by any
alternative product, including the Chip
SE.
b. Please explain how your proposed
language for that exception allows the
continued receipt of the GEM Chips by
those U.S. researchers only for research
E:\FR\FM\14JNN1.SGM
14JNN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 115 / Friday, June 14, 2019 / Notices
ongoing as of the date of this Notice and
only until the completion of that
research.
c. Please include examples of the
types of documentation that you
contend would support the
requirements above, and which
correspond to your proposed remedial
order language.
(4) If the Commission were to tailor
any remedial order to allow receipt of
the GEM Chips by researchers in the
United States who will begin research
for which the GEM Chips are the only
acceptable option to perform that
research:
a. Please provide proposed remedial
order language for a certification that
would permit only imports for
researchers who have a documented
need to receive the GEM Chips for a
specific research project that cannot be
met by any alternative product,
including the Chip SE.
b. Please explain how your proposed
language for that exception allows the
receipt of the GEM Chips only for such
research and only until the completion
of that research.
c. Please include examples of the
types of documentation that you
contend would support the
requirements above, and which
correspond to your proposed remedial
order language.
(5) In its initial public interest
submission to the Commission, 10X
requested the Commission to delegate
public interest to the ALJ to ‘‘permit
development of the evidentiary record
to ensure that these public interest
issues are properly addressed.’’ 10X
Sub. at 5 (Aug. 14, 2017). The parties are
requested to respond to the following:
a. Why did the parties fail to develop
the evidentiary record in the hearing
before the ALJ to include specific
information and statements from thirdparty researchers of the sort that were
included in 10X’s exhibits 7 and 8 in its
January 30, 2019 Response to Written
Submissions Pursuant to Commission’s
December 4, 2018 Notice?
b. How should Commission Rule
210.4(c)(1) apply to 10X’s filing of its
exhibits 7 and 8 and related argument
in its January 30, 2019 Response to
Written Submissions Pursuant to
Commission’s December 4, 2018 Notice?
c. If a sanction is warranted under
Commission Rule 210.4(d), who should
be sanctioned, what should that
sanction be, and what procedure should
be followed to impose such sanction, if
any?
(6) 10X is requested to supply the
following:
a. A list of current U.S. customers of
its GEM Chips; the specific research
VerDate Sep<11>2014
17:04 Jun 13, 2019
Jkt 247001
project(s) being performed as of the date
of this Notice by each customer; the
amount of GEM Chips supplied to each
U.S. customer per month; and the
estimated date for the completion of the
research project(s) using those chips.
b. An update on the timeline for
availability of the Chip SE to its
customers in commercial quantities.
The Commission has additionally
determined to extend the target date in
this investigation to August 15, 2019.
Written Submissions: The parties to
the investigation are requested to file
opening and reply written submissions
on the issues identified in this Notice.
The parties’ opening written
submissions must be filed no later than
close of business on June 24, 2019. The
parties’ reply submissions must be filed
no later than the close of business on
July 1, 2019. No further submissions on
any of these issues will be permitted
unless otherwise ordered by the
Commission.
Interested members of the public and
interested government agencies are also
requested to file submissions to certain
issues identified in this Notice.
Members of the public and government
agencies must file their statements and
comments no later than the close of
business on July 1, 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.
337–TA–1068’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
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,
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
27803
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: June 10, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–12549 Filed 6–13–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–626 and 731–
TA–1452–1454 (Preliminary)]
Certain Collated Steel Staples From
China, Korea, and Taiwan; Institution
of Anti-Dumping and Countervailing
Duty Investigations and Scheduling of
Preliminary Phase Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the institution of investigations
and commencement of preliminary
phase antidumping and countervailing
duty investigation Nos. 701–TA–626
and 731–TA–1452–1454 (Preliminary)
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether there is a
reasonable indication that an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
materially retarded, by reason of
imports of certain collated steel staples
from China, Korea, and Taiwan,
provided for in subheading 8305.20.00
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value and alleged to be subsidized by
the Government of China. Unless the
SUMMARY:
E:\FR\FM\14JNN1.SGM
14JNN1
]]>Agencies
[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27802-27803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12549]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1068]
Certain Microfluidic Devices; Notice of Request for Supplemental
Submissions From the Parties and Interested Members of the Public and
Interested Government Agencies; Extension of Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') is requesting supplemental submissions
from the parties and interested members of the public and interested
government agencies. The target date in this investigation has been
extended to August 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 6, 2017, the Commission
instituted this investigation based on a complaint filed by Bio-Rad
Laboratories, Inc. of Hercules, California (``Bio-Rad'') and Lawrence
Livermore National Security, LLC of Livermore, California
(collectively, ``Complainants''). 82 FR 42115 (Sept. 6, 2017).
Complainants alleged a violation of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), by 10X Genomics,
Inc. of Pleasanton, California (``10X'') based on its importation into
the United States of certain microfluidic devices asserted to infringe
one or more claims of U.S. Patent Nos. 9,500,664; 9,636,682; 9,649,635;
and 9,126,160. Id. The Office of Unfair Import Investigations was also
named as a party in this investigation. Id. The Commission also
directed the ALJ to take evidence and hear arguments regarding the
public interest and provide the Commission with findings of fact and a
recommended determination on the statutory public interest factors, as
requested by 10X. Id.
On September 20, 2018, the presiding administrative law judge
(``ALJ'') issued a final initial determination finding that 10X
violated section 337 through its importation of its GEM-Q and GEM-U
Chips (collectively, the ``GEM Chips''). However, the ALJ found no
violation by 10X based on its importation of its Chip SE or Chip GB.
On September 28, 2018, the ALJ issued a recommended determination
on remedy, bonding, and the public interest (the ``RD''). The ALJ
recommended that, if the Commission finds a violation of section 337,
it should issue a limited exclusion order (``LEO'') against infringing
microfluidic devices, which are imported, sold for importation, and/or
sold after importation by 10X. The LEO would prevent the importation by
10X of microfluidic devices that infringe Complainants' asserted
patents. The ALJ further recommended that, if the Commission finds a
violation of section 337, it should issue a cease and desist order
(``CDO'') against 10X. The CDO would prevent the transfer by 10X to
others of microfluidic devices that infringe Complainants' asserted
patents. The ALJ found that ``the public interest factors weigh in
favor of imposition of the recommended remedial orders.'' RD at 30.
On December 4, 2018, the Commission determined to review the ALJ's
findings as to the GEM Chips, the Chip SE, and the Chip GB. 83 FR 63672
(Dec. 11, 2018). Accordingly, the Commission may find a section 337
violation and issue an LEO or CDO or both relating to any or all of
those products. However, prior to issuing remedial orders, the
Commission must consider the effect of those remedial orders on the
public interest. 19 U.S.C. 1337(d)(1), (f)(1). Given the current
record, the Commission is requesting additional information regarding
the public interest from the parties, interested members of the public,
and government agencies.
The parties, interested members of the public, and interested
government agencies are requested to provide statements and comments on
the following public interest issues. The Commission is particularly
interested in responses that include detailed information regarding
specific research projects being conducted in the United States as of
the date of this Notice.
(1) For current research projects being conducted in the United
States, please provide the following information:
a. Please quantify and explain what, if any, research setbacks
(such as loss of time, money, samples, or usable data) would occur if
the specific current research project(s) were required to be switched
from 10X's GEM Chips to another system.
b. Please explain and quantify the extent to which the Chip SE
could replace the GEM Chips in the current ongoing research project(s)
discussed above.
c. To what extent would delaying the effect of any exclusion or
cease and desist order covering 10X's GEM Chips ameliorate or prevent
such setbacks for the specific research project(s)? How long of a delay
in the effective date of a remedial order would be necessary to allow
the specific ongoing research project(s) to continue to completion with
10X's GEM Chips?
(2) Are there research areas for which 10X's GEM Chips used with
10X's Chromium Controllers are the only acceptable research platform?
If so, why are alternative products not acceptable?
(3) If the Commission were to tailor its remedial orders to allow
researchers using the GEM Chips in the United States as of the date of
this Notice to continue to receive the GEM Chips:
a. Please provide proposed remedial order language for a
certification that would permit only imports for researchers who have a
documented need to continue to receive the GEM Chips for a specific
current research project that cannot be met by any alternative product,
including the Chip SE.
b. Please explain how your proposed language for that exception
allows the continued receipt of the GEM Chips by those U.S. researchers
only for research
[[Page 27803]]
ongoing as of the date of this Notice and only until the completion of
that research.
c. Please include examples of the types of documentation that you
contend would support the requirements above, and which correspond to
your proposed remedial order language.
(4) If the Commission were to tailor any remedial order to allow
receipt of the GEM Chips by researchers in the United States who will
begin research for which the GEM Chips are the only acceptable option
to perform that research:
a. Please provide proposed remedial order language for a
certification that would permit only imports for researchers who have a
documented need to receive the GEM Chips for a specific research
project that cannot be met by any alternative product, including the
Chip SE.
b. Please explain how your proposed language for that exception
allows the receipt of the GEM Chips only for such research and only
until the completion of that research.
c. Please include examples of the types of documentation that you
contend would support the requirements above, and which correspond to
your proposed remedial order language.
(5) In its initial public interest submission to the Commission,
10X requested the Commission to delegate public interest to the ALJ to
``permit development of the evidentiary record to ensure that these
public interest issues are properly addressed.'' 10X Sub. at 5 (Aug.
14, 2017). The parties are requested to respond to the following:
a. Why did the parties fail to develop the evidentiary record in
the hearing before the ALJ to include specific information and
statements from third-party researchers of the sort that were included
in 10X's exhibits 7 and 8 in its January 30, 2019 Response to Written
Submissions Pursuant to Commission's December 4, 2018 Notice?
b. How should Commission Rule 210.4(c)(1) apply to 10X's filing of
its exhibits 7 and 8 and related argument in its January 30, 2019
Response to Written Submissions Pursuant to Commission's December 4,
2018 Notice?
c. If a sanction is warranted under Commission Rule 210.4(d), who
should be sanctioned, what should that sanction be, and what procedure
should be followed to impose such sanction, if any?
(6) 10X is requested to supply the following:
a. A list of current U.S. customers of its GEM Chips; the specific
research project(s) being performed as of the date of this Notice by
each customer; the amount of GEM Chips supplied to each U.S. customer
per month; and the estimated date for the completion of the research
project(s) using those chips.
b. An update on the timeline for availability of the Chip SE to its
customers in commercial quantities.
The Commission has additionally determined to extend the target
date in this investigation to August 15, 2019.
Written Submissions: The parties to the investigation are requested
to file opening and reply written submissions on the issues identified
in this Notice. The parties' opening written submissions must be filed
no later than close of business on June 24, 2019. The parties' reply
submissions must be filed no later than the close of business on July
1, 2019. No further submissions on any of these issues will be
permitted unless otherwise ordered by the Commission.
Interested members of the public and interested government agencies
are also requested to file submissions to certain issues identified in
this Notice. Members of the public and government agencies must file
their statements and comments no later than the close of business on
July 1, 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. 337-TA-1068'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/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, 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: June 10, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-12549 Filed 6-13-19; 8:45 am]
BILLING CODE 7020-02-P
