Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same; Commission Determination To Review In Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding; Extension of the Target Date, 67491-67493 [2021-25761]
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Next Steps
If we decide to issue permits to any
of the applicants listed in this notice,
we will publish a notice in the Federal
Register.
Authority
We publish this notice under section
10(c) of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Stephen Small,
Assistant Regional Director, U.S. Fish and
Wildlife Service.
[FR Doc. 2021–25793 Filed 11–24–21; 8:45 am]
BILLING CODE 4333–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–671–672 and
731–TA–1571–1573 (Preliminary)]
Oil Country Tubular Goods From
Argentina, Mexico, Russia, and South
Korea
jspears on DSK121TN23PROD with NOTICES1
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of oil country tubular goods from
Argentina, Mexico, Russia, and South
Korea, provided for in subheadings
7304.29, 7305.20, and 7306.29 of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value (‘‘LTFV’’) and to be subsidized by
the governments of Russia and South
Korea.2
Commencement of Final Phase
Investigations
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
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 60205 and 86 FR 60210 (November 1,
2021).
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20:16 Nov 24, 2021
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provided in § 207.21 of the
Commission’s rules, upon notice from
the U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under §§ 703(b) or 733(b)
of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under §§ 705(a) or 735(a) of the Act.
Parties that filed entries of appearance
in the preliminary phase of the
investigations need not enter a separate
appearance for the final phase of the
investigations. Industrial users, and, if
the merchandise under investigation is
sold at the retail level, representative
consumer organizations have the right
to appear as parties in Commission
antidumping and countervailing duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Background
On October 6, 2021, Borusan
Mannesmann Pipe U.S., Inc., Baytown,
Texas; PTC Liberty Tubulars LLC,
Liberty, Texas; U.S. Steel Tubular
Products, Inc., Pittsburgh, Pennsylvania;
Welded Tube USA, Inc., Lackawanna,
New York; and the United States Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC,
Pittsburgh, Pennsylvania, filed petitions
with the Commission and Commerce,
alleging that an industry in the United
States is materially injured or
threatened with material injury by
reason of subsidized imports of oil
country tubular goods from Russia and
South Korea and LTFV imports of oil
country tubular goods from Argentina,
Mexico, and Russia. Accordingly,
effective October 6, 2021, the
Commission instituted countervailing
duty investigation Nos. 701–TA–671–
672 and antidumping duty investigation
Nos. 731–TA–1571–1573 (Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference 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 October 13, 2021 (86
FR 56983). In light of the restrictions on
access to the Commission building due
to the COVID–19 pandemic, the
Commission conducted its conference
through written testimony and video
conference on October 27, 2021. All
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67491
persons who requested the opportunity
were permitted to participate.
The Commission made these
determinations pursuant to §§ 703(a)
and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on November 22, 2021.
The views of the Commission are
contained in USITC Publication 5248
(November 2021), entitled Oil Country
Tubular Goods from Argentina, Mexico,
Russia, and South Korea: Investigation
Nos. 701–TA–671–672 and 731–TA–
1571–1573 (Preliminary).
By order of the Commission.
Issued: November 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–25801 Filed 11–24–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1191]
Certain Audio Players and Controllers,
Components Thereof, and Products
Containing the Same; Commission
Determination To Review In Part a
Final Initial Determination Finding a
Violation of Section 337; Schedule for
Filing Written Submissions on
Remedy, the Public Interest, and
Bonding; Extension of the Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that,
on August 13, 2021, the presiding chief
administrative law judge (‘‘CALJ’’)
issued a combined final initial
determination (‘‘ID’’) finding a violation
of section 337 and a recommended
determination (‘‘RD’’) on remedy and
bonding in the above-captioned
investigation. The Commission has
determined to review the final ID in
part. The Commission requests briefing
from the parties, interested government
agencies, and interested persons on the
issues of remedy, the public interest,
and bonding. The Commission has also
determined to extend the target date for
completion of the investigation to
January 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
SUMMARY:
E:\FR\FM\26NON1.SGM
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jspears on DSK121TN23PROD with NOTICES1
67492
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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
February 11, 2020, the Commission
instituted this investigation based on a
complaint filed by Sonos, Inc. (‘‘Sonos’’)
of Santa Barbara, California. 85 FR 7783
(Feb. 11, 2020). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C.
1337) (‘‘section 337’’), based on the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain audio players and controllers,
components thereof, and products
containing the same by reason of
infringement of certain claims of U.S.
Patent Nos. 9,195,258 (‘‘the ’258
patent’’); 10,209,953 (‘‘the ’953 patent’’);
8,588,949 (‘‘the ’949 patent’’); 9,219,959
(‘‘the ’959 patent’’); and 10,439,896
(‘‘the ’896 patent’’). Id. The complaint
further alleges that a domestic industry
exists. Id. The notice of investigation
named as respondents Google LLC
(‘‘Google’’) and Alphabet Inc.
(‘‘Alphabet’’), both of Mountain View,
California. Id. The Office of Unfair
Import Investigations (‘‘OUII’’) is also
named as a party. Id.
On September 21, 2020, the
Commission terminated the
investigation as to Alphabet based on
withdrawal of the allegations in the
complaint directed to Alphabet. Order
No. 18 (Sept. 1, 2020), unreviewed by
Comm’n Notice (Sept. 21, 2020). On
November 24, 2020, the Commission
determined that the importation
requirement has been satisfied. Order
No. 27 (Oct. 27, 2020), unreviewed by
Comm’n Notice (Nov. 24, 2020). On
February 2, 2021, the Commission
determined that the technical prong of
the domestic industry requirement has
been satisfied as to the ’949 patent.
Order No. 32 (Jan. 4, 2021), unreviewed
by Comm’n Notice (Feb. 2, 2021). On
February 16, 2021, the Commission
determined that the economic prong of
the domestic industry requirement has
been satisfied as to all asserted patents.
Order No. 35 (Jan. 14, 2021), reviewed
and aff’d by Comm’n Notice (Feb. 16,
2021).
On March 12, 2021, the Commission
partially terminated the investigation
based on withdrawal of the allegations
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20:16 Nov 24, 2021
Jkt 256001
in the complaint as to the following
asserted claims: Claims 22 and 23 of the
’258 patent; claims 12 and 13 of the ’953
patent; claims 5, 9, 29, and 35 of the
’959 patent; and claim 3 of the ’896
patent. Order No. 58 (Feb. 23, 2021),
unreviewed by Comm’n Notice (Mar. 12,
2021).
The following claims remain at issue:
Claims 17, 21, 24, and 26 of the ’258
patent; claims 7, 14, and 22–24 of the
’953 patent; claim 10 of the ’959 patent;
Claims 1, 2, 4, and 5 of the ’949 patent;
and claims 1, 5, 6, and 12 of the ’896
patent.
On August 13, 2021, the CALJ issued
the subject final ID on violation and RD
on remedy and bonding. The ID finds
violations of section 337 with respect to
certain claims of each asserted patent.
The RD recommends that, should the
Commission determine that violations
of section 337 occurred, then the
Commission should: (i) Issue a limited
exclusion order against Google’s
infringing products; (ii) issue a cease
and desist order against Google; and (iii)
set a bond of 100 percent for any
importations of infringing products
during the period of Presidential review.
On August 27, 2021, Sonos and
Google each filed a petition for review
of certain findings in the final ID. On
September 7, 2021, the private parties
filed responses to each other’s petitions,
and OUII filed a combined response to
both petitions.
On September 13, 2021, the
Commission received eight submissions
on the public interest in response to the
Commission’s Federal Register notice.
See 86 FR 46715 (Aug. 19, 2021). The
Commission did not receive any
submissions on the public interest from
the parties pursuant to Commission
Rule 210.50(a)(4) (19 CFR 210.50(a)(4)).
The Commission has determined to
review the ID in part with respect to the
ID’s analysis of whether the products
accused of infringing the ’258 and ’953
patent are articles that infringe at the
time of importation. The Commission
has also determined to correct two
typographical errors on pages 24 and 84
of the ID. The Commission has
determined not to review the remaining
findings in the ID.
The Commission has also determined
to extend the target date for completion
of the investigation to January 6, 2022.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of: (1) An
exclusion order that could result in the
exclusion of the subject articles from
entry into the United States, and/or (2)
a cease and desist order that could
result in the respondent being required
to cease and desist from engaging in
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994).
The statute requires the Commission
to consider the effects of any remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and/or cease and desist
order 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,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties,
interested government agencies, and any
other interested parties are invited to
file written submissions on the issues of
remedy, the public interest, and
bonding. Such submissions should
include views on the recommended
determination by the CALJ on remedy
and bonding.
In their initial written submissions,
Sonos and OUII are requested to submit
proposed remedial orders for the
Commission’s consideration. Sonos is
further requested to identify the dates
the Asserted Patents expire, to provide
the HTSUS subheadings under which
E:\FR\FM\26NON1.SGM
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
the subject articles are imported, and to
supply identification information for all
known importers of the subject articles.
Sonos is additionally requested to
identify and explain, from the record,
articles that are ‘‘components of’’ and
‘‘products containing’’ the subject
articles, and thus covered by the
proposed remedial orders, if imported
separately from the subject articles.
Initial written submissions, including
proposed remedial orders, must be filed
no later than close of business on
December 2, 2021. Reply submissions
must be filed no later than the close of
business on December 10, 2021. No
further submissions on any of these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798 (Mar.
19, 2020). Submissions should refer to
the investigation number (Inv. No. 337–
TA–1191) 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 by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. 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
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20:16 Nov 24, 2021
Jkt 256001
personnel,1 solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The Commission vote for this
determination took place on November
19, 2021.
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: November 19, 2021.
Lisa Barton,
Secretary to the Commission.
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Southwest Research
Institute—Cooperative Research
Group on ROS-Industrial Consortium
Americas
Notice is hereby given that, on
October 29, 2021, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Southwest Research Institute—
Cooperative Research Group on ROSIndustrial Consortium-Americas (‘‘RICAmericas’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Process Champ, LLC, Troy,
MI, has been added as a party to this
venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and RIC-Americas
intends to file additional written
notifications disclosing all changes in
membership.
On April 30, 2014, RIC-Americas filed
its original notification pursuant to
Section 6(a) of the Act. The Department
1 All contract personnel will sign appropriate
nondisclosure agreements.
Fmt 4703
Sfmt 4703
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2021–25834 Filed 11–24–21; 8:45 am]
BILLING CODE 4410–11–P
Antitrust Division
BILLING CODE 7020–02–P
Frm 00064
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on June 9, 2014 (79 FR
32999).
The last notification was filed with
the Department on August 23, 2021. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on October 5, 2021 (86 FR 55002).
DEPARTMENT OF JUSTICE
[FR Doc. 2021–25761 Filed 11–24–21; 8:45 am]
PO 00000
67493
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—UHD Alliance, Inc.
Notice is hereby given that, on
November 2, 2021, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), UHD
Alliance, Inc. (‘‘UHD Alliance’’) filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
changes in its membership. The
notifications were filed for the purpose
of extending the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances. Specifically,
Beijing Xiaomi Mobile Software Co.,
Ltd., Beijing, PEOPLE’S REPUBLIC OF
CHINA been added as a party to this
venture.
Also, Pixelworks, Inc, San Jose, CA;
and Fraunhofer Gesellschaft, Fraunhofer
IIS, Erlangen, GERMANY have been
dropped as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and UHD Alliance
intends to file additional written
notifications disclosing all changes in
membership.
On June 17, 2015, UHD Alliance filed
its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on July 17, 2015 (80 FR
42537).
The last notification was filed with
the Department on August 18, 2021. A
notice was published in the Federal
E:\FR\FM\26NON1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67491-67493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25761]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1191]
Certain Audio Players and Controllers, Components Thereof, and
Products Containing the Same; Commission Determination To Review In
Part a Final Initial Determination Finding a Violation of Section 337;
Schedule for Filing Written Submissions on Remedy, the Public Interest,
and Bonding; Extension of the Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, on August 13, 2021, the presiding
chief administrative law judge (``CALJ'') issued a combined final
initial determination (``ID'') finding a violation of section 337 and a
recommended determination (``RD'') on remedy and bonding in the above-
captioned investigation. The Commission has determined to review the
final ID in part. The Commission requests briefing from the parties,
interested government agencies, and interested persons on the issues of
remedy, the public interest, and bonding. The Commission has also
determined to extend the target date for completion of the
investigation to January 6, 2022.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS)
[[Page 67492]]
at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 February 11, 2020, the Commission
instituted this investigation based on a complaint filed by Sonos, Inc.
(``Sonos'') of Santa Barbara, California. 85 FR 7783 (Feb. 11, 2020).
The complaint alleges violations of section 337 of the Tariff Act of
1930, as amended (19 U.S.C. 1337) (``section 337''), based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain audio
players and controllers, components thereof, and products containing
the same by reason of infringement of certain claims of U.S. Patent
Nos. 9,195,258 (``the '258 patent''); 10,209,953 (``the '953 patent'');
8,588,949 (``the '949 patent''); 9,219,959 (``the '959 patent''); and
10,439,896 (``the '896 patent''). Id. The complaint further alleges
that a domestic industry exists. Id. The notice of investigation named
as respondents Google LLC (``Google'') and Alphabet Inc.
(``Alphabet''), both of Mountain View, California. Id. The Office of
Unfair Import Investigations (``OUII'') is also named as a party. Id.
On September 21, 2020, the Commission terminated the investigation
as to Alphabet based on withdrawal of the allegations in the complaint
directed to Alphabet. Order No. 18 (Sept. 1, 2020), unreviewed by
Comm'n Notice (Sept. 21, 2020). On November 24, 2020, the Commission
determined that the importation requirement has been satisfied. Order
No. 27 (Oct. 27, 2020), unreviewed by Comm'n Notice (Nov. 24, 2020). On
February 2, 2021, the Commission determined that the technical prong of
the domestic industry requirement has been satisfied as to the '949
patent. Order No. 32 (Jan. 4, 2021), unreviewed by Comm'n Notice (Feb.
2, 2021). On February 16, 2021, the Commission determined that the
economic prong of the domestic industry requirement has been satisfied
as to all asserted patents. Order No. 35 (Jan. 14, 2021), reviewed and
aff'd by Comm'n Notice (Feb. 16, 2021).
On March 12, 2021, the Commission partially terminated the
investigation based on withdrawal of the allegations in the complaint
as to the following asserted claims: Claims 22 and 23 of the '258
patent; claims 12 and 13 of the '953 patent; claims 5, 9, 29, and 35 of
the '959 patent; and claim 3 of the '896 patent. Order No. 58 (Feb. 23,
2021), unreviewed by Comm'n Notice (Mar. 12, 2021).
The following claims remain at issue: Claims 17, 21, 24, and 26 of
the '258 patent; claims 7, 14, and 22-24 of the '953 patent; claim 10
of the '959 patent; Claims 1, 2, 4, and 5 of the '949 patent; and
claims 1, 5, 6, and 12 of the '896 patent.
On August 13, 2021, the CALJ issued the subject final ID on
violation and RD on remedy and bonding. The ID finds violations of
section 337 with respect to certain claims of each asserted patent. The
RD recommends that, should the Commission determine that violations of
section 337 occurred, then the Commission should: (i) Issue a limited
exclusion order against Google's infringing products; (ii) issue a
cease and desist order against Google; and (iii) set a bond of 100
percent for any importations of infringing products during the period
of Presidential review.
On August 27, 2021, Sonos and Google each filed a petition for
review of certain findings in the final ID. On September 7, 2021, the
private parties filed responses to each other's petitions, and OUII
filed a combined response to both petitions.
On September 13, 2021, the Commission received eight submissions on
the public interest in response to the Commission's Federal Register
notice. See 86 FR 46715 (Aug. 19, 2021). The Commission did not receive
any submissions on the public interest from the parties pursuant to
Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)).
The Commission has determined to review the ID in part with respect
to the ID's analysis of whether the products accused of infringing the
'258 and '953 patent are articles that infringe at the time of
importation. The Commission has also determined to correct two
typographical errors on pages 24 and 84 of the ID. The Commission has
determined not to review the remaining findings in the ID.
The Commission has also determined to extend the target date for
completion of the investigation to January 6, 2022.
In connection with the final disposition of this investigation, the
statute authorizes issuance of: (1) An exclusion order that could
result in the exclusion of the subject articles from entry into the
United States, and/or (2) a cease and desist order that could result in
the respondent being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (December 1994).
The statute requires the Commission to consider the effects of any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or cease and desist order 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,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties, interested government agencies,
and any other interested parties are invited to file written
submissions on the issues of remedy, the public interest, and bonding.
Such submissions should include views on the recommended determination
by the CALJ on remedy and bonding.
In their initial written submissions, Sonos and OUII are requested
to submit proposed remedial orders for the Commission's consideration.
Sonos is further requested to identify the dates the Asserted Patents
expire, to provide the HTSUS subheadings under which
[[Page 67493]]
the subject articles are imported, and to supply identification
information for all known importers of the subject articles. Sonos is
additionally requested to identify and explain, from the record,
articles that are ``components of'' and ``products containing'' the
subject articles, and thus covered by the proposed remedial orders, if
imported separately from the subject articles.
Initial written submissions, including proposed remedial orders,
must be filed no later than close of business on December 2, 2021.
Reply submissions must be filed no later than the close of business on
December 10, 2021. No further submissions on any of these issues will
be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1191) 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 by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. A redacted
non-confidential version of the document must also be filed
simultaneously with any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) By the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. appendix 3; or (ii) by U.S. government
employees and contract personnel,\1\ solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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The Commission vote for this determination took place on November
19, 2021.
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: November 19, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25761 Filed 11-24-21; 8:45 am]
BILLING CODE 7020-02-P
