Certain LTE-Compliant Cellular Communication Devices; Notice of Institution of Investigation, 13399-13400 [2021-04651]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices development on Federal and Indian lands and the Outer Continental Shelf (OCS). Under various laws, the Secretary’s responsibilities include maintaining a comprehensive inspection, collection, and fiscal and production accounting and auditing system that provides the capability to: (1) Accurately determine mineral royalties, interest, and other payments owed, (2) collect and account for such amounts in a timely manner, and (3) disburse the funds collected. ONRR performs these mineral revenue management functions for the Secretary. Laws pertaining to mineral leases on Federal and Indian lands are posted at https://www.onrr.gov/Laws_R_D/ PubLaws/default.htm. (a) General Information: ONRR collects, audits, and disburses royalties, interest, and other payments owed by lessees on minerals produced from Federal and Indian lands. If a lessee overpays the amount due on minerals produced from Federal lands, it may request a refund from ONRR. If a lessee overpays the amount due on minerals produced from tribal lands, it may, with the tribe’s permission, recoup the overpayment against other royalties or other revenues owed in that month under other leases for which that tribe is the lessor. If a lessee fails to pay or underpays an amount it owes on Federal or Indian mineral production, it generally must pay interest on the underpayment from the date the payment was due. For royalties and other amounts owed on oil and gas produced from Federal lands, the Federal Oil and Gas Royalty Management Act (FOGRMA, 30 U.S.C. 1701 et seq.) permits a lessee to designate a designee for its payment obligations. (b) Information Collections: This ICR covers certain information required pursuant to FOGRMA and 30 CFR 1218 for (1) cross-lease netting in the calculation of late-payment interest; (2) a lessee’s designation of designee for payment obligations; (3) tribal permission for recoupment on Indian oil and gas leases; and (4) refund requests for overpayments made to ONRR. (1) Cross-Lease Netting in the Calculation of Late-Payment Interest: Pursuant to 30 CFR 1218.42(b), if certain conditions are met, ‘‘[r]oyalties attributed to production from a lease or leases which should have been attributed to production from a different lease or leases may be offset to determine whether and to what extent an underpayment exists on which interest is due . . . .’’ ONRR calls this process cross-lease netting. To determine whether a lessee is entitled to VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 cross-lease netting, ONRR must collect lease, production, payor, recipient, and other information specified in 30 CFR 1218.42(b). This information is necessary for ONRR to calculate the correct interest amount. (2) Designation of Designee for Payment Obligations: FOGRMA allows a lessee to notify the Secretary in writing of its designation of ‘‘a person to make all or part of the payments due under a lease on the lessee’s behalf . . . in which event said designated person may, in its own name, pay, offset or credit monies, make adjustments, request and receive refunds and submit reports with respect to payments required by the lessee.’’ See 30 U.S.C. 1712(a). ONRR created form ONRR– 4425, Designation Form for Royalty Payment Responsibility, for lessees to notify it of such designation. ONRR requires the information required in this form to ensure proper mineral revenue collection. (3) Tribal Permission for Recoupment on Indian Oil and Gas Leases: Pursuant to 30 CFR 1218.53(b), a payor may, with written permission authorized by tribal statute or resolution, recoup an overpayment against royalties or other revenues owed under other leases for which that tribe is the lessor. See 30 CFR 1218.53(b). The payor must provide ONRR with a copy of the tribe’s written permission. Id. (4) Processing Refund Requests: FORGMA authorizes a Federal oil and gas lessee to request a refund for an overpayment in certain situations. See 30 U.S.C. 1721a(b). The lessee must supply information to support its refund request. Id. ONRR collects banking information from the refund recipient in order to disburse the overpaid amount to the correct account. Title: Collection of Monies Due to the Federal Government; and Processing Refund Requests Related to Overpayments Made to ONRR. OMB Control Number: 1012–0008. Bureau Form Number: Form ONRR– 4425. Type of Review: Revision of a currently approved collection. Respondents/Affected Public: Federal and Indian lessees. Total Estimated Number of Annual Respondents: 170. Total Estimated Number of Annual Responses: 170. Total Estimated Number of Annual Burden Hours: 93 hours. Respondent’s Obligation: Mandatory. Frequency of Collection: On occasion. Total Estimated Annual Non-hour Burden Cost: ONRR did not identify any ‘‘non-hour cost’’ burden associated with this collection of information. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 13399 An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the PRA. Kimbra G. Davis, Director for Office of Natural Resources Revenue. [FR Doc. 2021–04684 Filed 3–5–21; 8:45 am] BILLING CODE 4335–30–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1253] Certain LTE-Compliant Cellular Communication Devices; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 1, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Evolved Wireless, LLC of Austin, Texas. Supplements to the complaint were filed on February 22 and 23, 2021. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain LTE-compliant cellular communication devices by reason of infringement of certain claims of U.S. Patent No. RE46,679 (‘‘the ’679 Patent’’); U.S. Patent No. RE48,326 (‘‘the ’326 Patent’’); and U.S. Patent No. 10,517,120 (‘‘the ’120 Patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1 jbell on DSKJLSW7X2PROD with NOTICES 13400 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 2, 2021, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 6 and 8 of the ’679 patent; claims 18–20 of the ’326 patent; claims 12 and 16–18 of the ’120 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘LTE-compliant cellular phones, tablets, and smartwatches’’; (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 (a) The complainant is: Evolved Wireless, LLC, 900 S Capital of Texas Highway, Suite 150, Austin, TX 78746. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Samsung Electronics Co., Ltd., 129, Samseong-Ro, Yoeongtong-Gu, Suwon-Si, Gyeonngi-Do 16677, Republic of Korea Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, NJ 07660–2118 Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800, Chicago, Illinois 60654 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: March 2, 2021. By order of the Commission. Lisa Barton, Secretary to the Commission. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 [Investigation No. 731–TA–1472 (Final)] Difluoromethane (R–32) From China Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of difluoromethane (R–32) from China, provided for in subheadings 2903.39.20 and 3824.78.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’).2 Background The Commission instituted this investigation effective January 23, 2020, following receipt of a petition filed with the Commission and Commerce by Arkema, Inc., King of Prussia, Pennsylvania. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of R–32 from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 9, 2020 (85 FR 55688). Subsequently, the Commission cancelled its previously scheduled hearing following the withdrawal of petitioners’ request to appear at the hearing (86 FR 6670, January 22, 2021). The Commission made this determination pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on March 2, 2021. The views of the Commission are contained in USITC Publication 5165 (March 2021), entitled Difluoromethane (R–32) from China: Investigation No. 731–TA– 1472 (Final). By order of the Commission. [FR Doc. 2021–04651 Filed 3–5–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 86 FR 5136 (January 19, 2021). E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13399-13400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04651]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1253]


Certain LTE-Compliant Cellular Communication Devices; Notice of 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 1, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Evolved 
Wireless, LLC of Austin, Texas. Supplements to the complaint were filed 
on February 22 and 23, 2021. The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain LTE-compliant cellular communication 
devices by reason of infringement of certain claims of U.S. Patent No. 
RE46,679 (``the '679 Patent''); U.S. Patent No. RE48,326 (``the '326 
Patent''); and U.S. Patent No. 10,517,120 (``the '120 Patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access

[[Page 13400]]

to the Commission should contact the Office of the Secretary at (202) 
205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 2, 2021, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 6 and 8 of the '679 patent; claims 18-20 of the '326 patent; 
claims 12 and 16-18 of the '120 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``LTE-compliant 
cellular phones, tablets, and smartwatches'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Evolved Wireless, LLC, 900 S Capital of 
Texas Highway, Suite 150, Austin, TX 78746.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Samsung Electronics Co., Ltd., 129, Samseong-Ro, Yoeongtong-Gu, Suwon-
Si, Gyeonngi-Do 16677, Republic of Korea
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, 
NJ 07660-2118
Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800, 
Chicago, Illinois 60654

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: March 2, 2021.

    By order of the Commission.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-04651 Filed 3-5-21; 8:45 am]
BILLING CODE 7020-02-P