Certain Apparatus and Methods of Opening Containers; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding, 7499-7501 [2022-02670]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 1930 (‘‘the Act’’) to determine whether revocation of the countervailing and antidumping duty orders on narrow woven ribbons with woven selvedge from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: November 5, 2021. FOR FURTHER INFORMATION CONTACT: Kristina Lara (202–205–3386), 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 November 5, 2021, the Commission determined that the domestic interested party group response to its notice of institution (86 FR 41514, August 2, 2021) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Staff report.—A staff report containing information concerning the subject matter of the reviews has been 1 A record of the Commissioners’ votes is available from the Office of the Secretary and at the Commission’s website. VerDate Sep<11>2014 17:29 Feb 08, 2022 Jkt 256001 placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for these reviews on February 4, 2022. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before February 11, 2022 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by February 11, 2022. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Determination.—The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). 2 The Commission has found the response to its notice of institution filed on behalf of Berwick Offray LLC and its wholly owned subsidiary Lion Ribbon Company, a domestic producer of narrow woven ribbons with woven selvedge, to be adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 7499 Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: February 3, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–02684 Filed 2–8–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1255] Certain Apparatus and Methods of Opening Containers; Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion for Summary Determination of Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the Commission has determined not to review an initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) granting summary determination of violation of section 337 in the above-captioned investigation. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding. 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) 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 March 18, 2021, the Commission instituted this investigation based on a complaint filed by Draft Top, LLC (‘‘Draft Top’’) of Long Beach, New Jersey. 86 FR 14765 (Mar. SUMMARY: E:\FR\FM\09FEN1.SGM 09FEN1 lotter on DSK11XQN23PROD with NOTICES1 7500 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 18, 2021). The complaint, as supplemented, 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, and the sale within the United States after importation of certain apparatus and methods of opening containers by reason of infringement of claim 12 of U.S. Patent No. 10,519,016 (‘‘the ’016 patent’’). Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named nine respondents: KKS Enterprises Co., Ltd. of Hangzhou, China; Kingskong Enterprises Co., Ltd. of Hangzhou, China; Du Zuojun of Shenzhen, Guangdong, China; WN Shipping USA, Inc. of Inwood, New York; Shuje Wei of Pomona, California; Express Cargo Forwarded, Ltd. of Los Angeles, California; Hou Wenzheng of Hebron, Kentucky (collectively, the ‘‘Defaulting Respondents’’); Mintiml of Yangzhou, Jiangsu, China; and Tofba International, Inc. (‘‘Tofba’’) of Hawthorne, California. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. On May 27, 2021, the Commission determined to terminate the investigation as to respondent Tofba based on withdrawal of the allegations in the complaint directed to Tofba. Order No. 6 (May 12, 2021), unreviewed by Comm’n Notice (May 27, 2021). On July 29, 2021, the Commission determined to find the Defaulting Respondents in default for failing to respond to the complaint and notice of investigation and failing to show cause why they should not be found in default. Order No. 8 (July 12, 2021), unreviewed by Comm’n Notice (July 30, 2021). On August 24, 2021, the Commission determined to terminate the investigation as to respondent Mintiml based on withdrawal of the allegations in the complaint directed to Mintiml. Order No. 9 (Aug. 11, 2021), unreviewed by Comm’n Notice (Aug. 24, 2021). On August 20, 2021, Draft Top filed a motion for summary determination of violation of section 337 by the Defaulting Respondents, requesting issuance of a general exclusion order (‘‘GEO’’) and setting a 300 percent bond for any importations of infringing goods during the period of Presidential review. On September 17, 2021, Draft Top filed a supplement to its motion. That same day, OUII filed a response supporting Draft Top’s motion except on the issue of bonding (OUII submits that a bond of 100 percent, not 300 percent, is appropriate). No Defaulting Respondent filed a response to Draft Top’s motion. VerDate Sep<11>2014 17:29 Feb 08, 2022 Jkt 256001 On December 20, 2021, the ALJ issued the subject ID granting Draft Top’s motion and finding violations of section 337 by the Defaulting Respondents. Specifically, the ID finds that: (i) Draft Top satisfied the importation requirement as to the Defaulting Respondents; (ii) the Commission has subject matter, personal, and in rem jurisdiction in this investigation; (iii) the Defaulting Respondents’ accused products practice claim 12 of the ’016 patent; (iv) claim 12 of the ’016 patent has not been shown invalid; and (v) Draft Top satisfied the technical and economic prongs of the domestic industry requirement as to the ’016 patent. The ID also includes the ALJ’s recommended determination on remedy and bonding, recommending that, should the Commission determine that violations of section 337 occurred, then the Commission issue a GEO and set a 100 percent bond for any importations of infringing products during the period of Presidential review. No petitions for review of the subject ID were filed. 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 also did not receive any submissions on the public interest from members of the public in response to the Commission’s Federal Register notice. 87 FR 238–39 (Jan. 4, 2022). Having reviewed the record in this investigation, including the subject ID, the Commission has determined not to review the ID’s finding of violations of section 337. 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 respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or 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). PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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 ALJ on remedy and bonding. In its initial written submission, Draft Stop and OUII are requested to submit proposed remedial orders for the Commission’s consideration. Draft Stop is further requested to identify the date the asserted patent expires, to provide the HTSUS subheadings under which the subject articles are imported, and to supply identification information for all known importers of the subject articles. Initial written submissions, including proposed remedial orders, must be filed no later than close of business on February 17, 2022. Reply submissions must be filed no later than the close of business on February 24, 2022. 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. E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 19, 2020). Submissions should refer to the investigation number (Inv. No. 337– TA–1255) 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,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 February 3, 2022. 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: February 3, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–02670 Filed 2–8–22; 8:45 am] BILLING CODE 7020–02–P 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 17:29 Feb 08, 2022 Jkt 256001 DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs Agreement Approval Process for Use of Functional Affirmative Action Programs; Proposed Approval of Information Collection Requirements; Comment Request ACTION: Notice. The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA). The program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Federal Contract Compliance Programs (OFCCP) is soliciting comments concerning its proposal to obtain approval from the Office of Management and Budget (OMB) to renew the information collection that implements standard procedures for supply and service contractors seeking approval to develop affirmative action programs based on functional or business units. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this notice or by accessing it at www.regulations.gov. DATES: Written comments must be submitted to the office listed in the addresses section below on or before April 11, 2022. ADDRESSES: You may submit comments by any of the following methods: Electronic comments: The federal eRulemaking portal at www.regulations.gov. Follow the instructions found on that website for submitting comments. Mail, Hand Delivery, Courier: Addressed to Tina T. Williams, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C–3325, Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. For faster submission, we encourage commenters to transmit their comment SUMMARY: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 7501 electronically via the www.regulations.gov website. Comments that are mailed to the address provided above must be postmarked before the close of the comment period. All submissions must include OFCCP’s name for identification. Comments submitted in response to the notice, including any personal information provided, become a matter of public record and will be posted on www.regulations.gov. Comments will also be summarized and/or included in the request for OMB approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Tina T. Williams, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, Room C–3325, 200 Constitution Avenue NW, Washington, DC 20210. Telephone: (202) 693–0103 (voice) (this is not a tollfree number). Copies of this notice may be obtained in alternative formats (large print, braille, audio recording) upon request by calling the numbers listed above. SUPPLEMENTARY INFORMATION: I. Background: OFCCP administers and enforces the three equal employment opportunity laws listed below. • Executive Order 11246, as amended (E.O. 11246) • Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) • Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA) These authorities prohibit employment discrimination by covered federal contractors and subcontractors and require that they take affirmative action to provide equal employment opportunities regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, federal contractors and subcontractors are prohibited from discriminating against applicants and employees for asking about, discussing, or sharing information about their pay or, in certain circumstances, the pay of their co-workers. E.O. 11246 applies to federal contractors and subcontractors and to federally assisted construction contractors holding a government contract in excess of $10,000, or government contracts that have, or can reasonably be expected to have, an aggregate total value exceeding $10,000 in a 12-month period. E.O. 11246 also applies to government bills of lading, depositories of federal funds in any amount, and financial institutions that E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7499-7501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02670]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1255]


Certain Apparatus and Methods of Opening Containers; Commission 
Determination Not To Review an Initial Determination Granting 
Complainant's Motion for Summary Determination of Violation of Section 
337; Schedule for Filing Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Commission has determined not 
to review an initial determination (``ID'') issued by the presiding 
administrative law judge (``ALJ'') granting summary determination of 
violation of section 337 in the above-captioned investigation. The 
Commission requests briefing from the parties, interested government 
agencies, and interested persons on the issues of remedy, the public 
interest, and bonding.

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) 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 March 18, 2021, the Commission instituted 
this investigation based on a complaint filed by Draft Top, LLC 
(``Draft Top'') of Long Beach, New Jersey. 86 FR 14765 (Mar.

[[Page 7500]]

18, 2021). The complaint, as supplemented, 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, and the sale within the United States after 
importation of certain apparatus and methods of opening containers by 
reason of infringement of claim 12 of U.S. Patent No. 10,519,016 (``the 
'016 patent''). Id. The complaint further alleges that a domestic 
industry exists. Id. The notice of investigation named nine 
respondents: KKS Enterprises Co., Ltd. of Hangzhou, China; Kingskong 
Enterprises Co., Ltd. of Hangzhou, China; Du Zuojun of Shenzhen, 
Guangdong, China; WN Shipping USA, Inc. of Inwood, New York; Shuje Wei 
of Pomona, California; Express Cargo Forwarded, Ltd. of Los Angeles, 
California; Hou Wenzheng of Hebron, Kentucky (collectively, the 
``Defaulting Respondents''); Mintiml of Yangzhou, Jiangsu, China; and 
Tofba International, Inc. (``Tofba'') of Hawthorne, California. Id. The 
Office of Unfair Import Investigations (``OUII'') is also named as a 
party. Id.
    On May 27, 2021, the Commission determined to terminate the 
investigation as to respondent Tofba based on withdrawal of the 
allegations in the complaint directed to Tofba. Order No. 6 (May 12, 
2021), unreviewed by Comm'n Notice (May 27, 2021). On July 29, 2021, 
the Commission determined to find the Defaulting Respondents in default 
for failing to respond to the complaint and notice of investigation and 
failing to show cause why they should not be found in default. Order 
No. 8 (July 12, 2021), unreviewed by Comm'n Notice (July 30, 2021). On 
August 24, 2021, the Commission determined to terminate the 
investigation as to respondent Mintiml based on withdrawal of the 
allegations in the complaint directed to Mintiml. Order No. 9 (Aug. 11, 
2021), unreviewed by Comm'n Notice (Aug. 24, 2021).
    On August 20, 2021, Draft Top filed a motion for summary 
determination of violation of section 337 by the Defaulting 
Respondents, requesting issuance of a general exclusion order (``GEO'') 
and setting a 300 percent bond for any importations of infringing goods 
during the period of Presidential review. On September 17, 2021, Draft 
Top filed a supplement to its motion. That same day, OUII filed a 
response supporting Draft Top's motion except on the issue of bonding 
(OUII submits that a bond of 100 percent, not 300 percent, is 
appropriate). No Defaulting Respondent filed a response to Draft Top's 
motion.
    On December 20, 2021, the ALJ issued the subject ID granting Draft 
Top's motion and finding violations of section 337 by the Defaulting 
Respondents. Specifically, the ID finds that: (i) Draft Top satisfied 
the importation requirement as to the Defaulting Respondents; (ii) the 
Commission has subject matter, personal, and in rem jurisdiction in 
this investigation; (iii) the Defaulting Respondents' accused products 
practice claim 12 of the '016 patent; (iv) claim 12 of the '016 patent 
has not been shown invalid; and (v) Draft Top satisfied the technical 
and economic prongs of the domestic industry requirement as to the '016 
patent. The ID also includes the ALJ's recommended determination on 
remedy and bonding, recommending that, should the Commission determine 
that violations of section 337 occurred, then the Commission issue a 
GEO and set a 100 percent bond for any importations of infringing 
products during the period of Presidential review. No petitions for 
review of the subject ID were filed.
    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 also did not receive any submissions 
on the public interest from members of the public in response to the 
Commission's Federal Register notice. 87 FR 238-39 (Jan. 4, 2022).
    Having reviewed the record in this investigation, including the 
subject ID, the Commission has determined not to review the ID's 
finding of violations of section 337.
    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 respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or 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 ALJ on remedy and bonding.
    In its initial written submission, Draft Stop and OUII are 
requested to submit proposed remedial orders for the Commission's 
consideration. Draft Stop is further requested to identify the date the 
asserted patent expires, to provide the HTSUS subheadings under which 
the subject articles are imported, and to supply identification 
information for all known importers of the subject articles.
    Initial written submissions, including proposed remedial orders, 
must be filed no later than close of business on February 17, 2022. 
Reply submissions must be filed no later than the close of business on 
February 24, 2022. 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.

[[Page 7501]]

19, 2020). Submissions should refer to the investigation number (Inv. 
No. 337-TA-1255) 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.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    The Commission vote for this determination took place on February 
3, 2022.
    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: February 3, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-02670 Filed 2-8-22; 8:45 am]
BILLING CODE 7020-02-P
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