Certain Filament Light-Emitting Diodes and Products Containing Same (II); Notice of Request for Submissions on the Public Interest, 70863-70864 [2021-26942]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices ’052 patent’’). Id. The Commission’s notice of investigation named Nortek as respondents. Id. The Office of Unfair Import Investigations was not named as a party to this investigation. See id. The Commission subsequently terminated the investigation with respect to certain patent claims withdrawn by CGI. See Order No. 16 (Feb. 5, 2019), unreviewed by Comm’n Notice (March 6, 2019); Order No. 27 (June 7, 2019), unreviewed by Comm’n Notice (June 27, 2019); Order No. 31 (July 30, 2019), unreviewed by Comm’n Notice (Aug. 19, 2019); Order No. 32 (Sept. 27, 2019), unreviewed by Comm’n Notice (Oct. 17, 2019). On November 25, 2019, the ALJ issued the final Initial Determination on Violation of Section 337 (‘‘Final ID’’) and Recommended Determination on Remedy and Bond (‘‘RD’’), finding no violation of Section 337 because the asserted claims of the ’223 and ’404 patents are not infringed and the asserted claim of the ’052 patent is invalid. The RD sets forth the ALJ’s recommendations on remedy and bond. On the same date, the ALJ issued Order No. 38, granting CGI’s motion for summary determination that it satisfied the economic prong of the domestic industry requirement, pursuant to Section 337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B)). Order No. 38 (Nov. 25, 2019). On February 19, 2020, the Commission issued a notice of its determination to review Order No. 38 and to partially review the Final ID with respect to certain issues relating to each of the three asserted patents. 85 FR 10723–26 (Feb. 25, 2020). On April 22, 2020, the Commission issued its final determination, affirming the ID’s finding that there was no violation with respect to either the ’404 patent or ’052 patent. Comm’n Notice at 3 (April 22, 2020). The Commission also vacated Order No. 38 and remanded the economic prong issue to the ALJ for further proceedings while the Commission continued to review issues relating to the ’223 patent. Id.; Order Vacating and Remanding Order No. 38 (April 22, 2020) (‘‘Remand Order’’). On July 10, 2020, the ALJ issued the Remand Initial Determination (‘‘Remand ID’’), finding that CGI satisfied the economic prong of the domestic industry requirement. Remand ID (July 10, 2020). On September 9, 2020, the Commission determined to review the Remand ID. 85 FR 57249–51 (Sept. 15, 2020). On December 3, 2020, the Commission determined to affirm the Remand ID, reversed the ID’s finding that Nortek did not infringe the ’223 VerDate Sep<11>2014 16:50 Dec 10, 2021 Jkt 256001 70863 patent, and found that Nortek violated Section 337 by way of infringing claims 1 and 21 of the ’223 patent. The Commission issued a limited exclusion order and cease and desist orders and directed Nortek to pay a bond equal to 100 percent of the entered value of the covered products imported during the period of Presidential review. On June 16, 2020, CGI filed its notice of appeal from the final determination in the present investigation. The U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) docketed CGI’s appeal as Appeal No. 20–1965. On April 1, 2021, Nortek filed its cross-appeal, which the Federal Circuit docketed as Appeal No. 21–1829 and consolidated with Appeal No. 20–1965. The appeals are presently pending before the Federal Circuit. On June 8, 2021, Nortek filed a motion for return of the bonds it posted in connection with products imported during the period of Presidential review, pursuant to Commission Rule 210.50(d)(1). On June 23, 2021, CGI filed an opposition to Nortek’s motion. On October 22, 2021, the ALJ issued the subject ID (Order No. 45), denying Nortek’s motion as untimely because it was not filed within 90 days of the expiration of the Presidential review period as well as premature because it was not filed within 30 days after the resolution of the appeal from the final determination. Order No. 45 (Oct. 22, 2021). No party filed a petition for review of the subject ID. Having reviewed the Remand ID, the parties’ submissions, and the evidence of record, the Commission has determined not to review the subject ID. The bond return proceeding is terminated. The Commission voted to approve these determinations on December 8, 2021. The authority for the Commission’s determinations 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). INTERNATIONAL TRADE COMMISSION By order of the Commission. Issued: December 8, 2021. Lisa Barton, Secretary to the Commission. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, [FR Doc. 2021–26938 Filed 12–10–21; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 [Investigation No. 337–TA–1220] Certain Filament Light-Emitting Diodes and Products Containing Same (II); Notice of Request for Submissions on the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on November 19, 2021, the presiding administrative law judge (‘‘ALJ’’) issued a Final Initial Determination on Violation of section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the abovecaptioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: SUMMARY: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. E:\FR\FM\13DEN1.SGM 13DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 70864 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices specifically: (1) A limited exclusion order directed to certain filament lightemitting diodes and products containing same imported, sold for importation, and/or sold after importation by respondents and intervenors: IKEA Supply AG; IKEA U.S. Retail LLC; IKEA of Sweden AB (collectively, ‘‘IKEA’’); General Electric Company; Savant Technologies LLC; Home Depot Product Authority, LLC; Home Depot U.S.A., Inc.; The Home Depot, Inc.; Feit Electric Company, Inc.; Satco Products, Inc.; Signify North America Corp.; and Global Value Lighting LLC (collectively, ‘‘Respondents’’); and (2) cease and desist orders directed against all Respondents, except IKEA. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on November 19, 2021. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainants, complainants’ licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainants, complainants’ licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. VerDate Sep<11>2014 16:50 Dec 10, 2021 Jkt 256001 Written submissions must be filed no later than by close of business on December 22, 2021. 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 (March 19, 2020). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1220’’) 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 personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of 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. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Issued: December 8, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–26942 Filed 12–10–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–540–543 and 731–TA–1283–1287 and 1290 (Review)] Cold-Rolled Steel Flat Products From Brazil, China, India, Japan, Korea, and the United Kingdom; Scheduling of Full Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing duty orders on cold-rolled steel flat products from Brazil, China, India, and Korea and the antidumping duty orders on cold-rolled steel flat products from Brazil, China, India, Japan, Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days. DATES: December 6, 2021. FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205–3062), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access 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 (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On September 7, 2021, the Commission determined that responses to its notice of institution of the subject five-year reviews were such that full reviews should proceed (86 FR 52180, September 20, 2021); accordingly, full reviews are being scheduled pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. SUMMARY: E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70863-70864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26942]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1220]


Certain Filament Light-Emitting Diodes and Products Containing 
Same (II); Notice of Request for Submissions on the Public Interest

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that on November 19, 2021, the 
presiding administrative law judge (``ALJ'') issued a Final Initial 
Determination on Violation of section 337. The ALJ also issued a 
Recommended Determination on remedy and bonding should a violation be 
found in the above-captioned investigation. The Commission is 
soliciting submissions on public interest issues raised by the 
recommended relief should the Commission find a violation. This notice 
is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation,

[[Page 70864]]

specifically: (1) A limited exclusion order directed to certain 
filament light-emitting diodes and products containing same imported, 
sold for importation, and/or sold after importation by respondents and 
intervenors: IKEA Supply AG; IKEA U.S. Retail LLC; IKEA of Sweden AB 
(collectively, ``IKEA''); General Electric Company; Savant Technologies 
LLC; Home Depot Product Authority, LLC; Home Depot U.S.A., Inc.; The 
Home Depot, Inc.; Feit Electric Company, Inc.; Satco Products, Inc.; 
Signify North America Corp.; and Global Value Lighting LLC 
(collectively, ``Respondents''); and (2) cease and desist orders 
directed against all Respondents, except IKEA. Parties are to file 
public interest submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's Recommended Determination on Remedy and Bonding 
issued in this investigation on November 19, 2021. Comments should 
address whether issuance of the recommended remedial orders in this 
investigation, should the Commission find a violation, would affect the 
public health and welfare in the United States, competitive conditions 
in the United States economy, the production of like or directly 
competitive articles in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainants, complainants' licensees, or third parties make in the 
United States which could replace the subject articles if they were to 
be excluded;
    (iv) indicate whether complainants, complainants' licensees, and/or 
third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on December 22, 2021.
    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 (March 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1220'') 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, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    This action is taken under the authority of 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: December 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26942 Filed 12-10-21; 8:45 am]
BILLING CODE 7020-02-P