Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor; Commission Determination Not To Review an Initial Determination Terminating a Final Respondent Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 11096-11098 [2022-04080]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
11096
Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
terminate the investigation in its
entirety based on withdrawal of the
complaint allegations.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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: On March
8, 2021, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Evolved Wireless,
LLC of Austin, Texas (‘‘Evolved’’). 86 FR
13399–400 (Mar. 8, 2021). The
complaint alleged a violation 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 LTE-compliant
cellular communication devices by
reason of infringement of certain claims
of U.S. Patent Nos. RE46,679; RE48,326
(‘‘the ’326 patent’’); and 10,517,120
(‘‘the ’120 patent’’). The complaint also
alleged the existence of a domestic
industry. The notice of investigation
named Samsung Electronics Co., Ltd. of
Gyeonngi-Do, Republic of Korea;
Samsung Electronics America, Inc. of
Ridgefield Park, New Jersey; and
Motorola Mobility LLC of Chicago,
Illinois as respondents. Id. at 13400. The
Commission’s Office of Unfair Import
Investigations was also named as a party
in this investigation. Id. Subsequently,
the Commission terminated all asserted
claims of the ’120 patent and claims 19
and 20 of the ’326 patent from the
investigation by reason of withdrawal of
the complaint allegations. Order No. 15
(Aug. 26, 2021), unreviewed by Notice
(Sep. 24, 2021); Order No. 26 (Dec. 3,
2021), unreviewed by Notice (Dec. 20,
2021).
On January 13, 2022, complainant
Evolved filed an unopposed motion to
terminate this investigation by reason of
withdrawal of complaint allegations
under Commission Rule 210.21(a), 19
CFR 210.21(a). On January 19, 2022, the
Commission investigative attorney filed
VerDate Sep<11>2014
17:23 Feb 25, 2022
Jkt 256001
a contingent statement of support of the
motion.
On January 31, 2022, the ALJ issued
the subject ID (Order No. 36) granting
complainant’s motion. The ID finds that
there are no extraordinary
circumstances that would prevent the
requested termination of this
investigation. The ID also finds Evolved
has complied with the requirements of
Commission Rule 210.21(a). No party
petitioned for review of the ID.
The Commission has determined not
to review the subject ID. The
investigation is terminated in its
entirety.
The Commission vote for this
determination took place on February
22, 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 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–04097 Filed 2–25–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1239]
Certain Gabapentin Immunoassay Kits
and Test Strips, Components Thereof,
and Methods Therefor; Commission
Determination Not To Review an Initial
Determination Terminating a Final
Respondent Based on Settlement;
Request for Written Submissions on
Remedy, the Public Interest, and
Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 29) terminating the final,
non-defaulting respondent, Shanghai
Chemtron Biotech Co. Ltd., in the
above-captioned investigation based on
settlement. The Commission has further
determined to find that the
complainants’ declaration seeking
immediate relief against a respondent
previously found to be in default is
moot. The Commission also requests
written submissions from the parties,
interested government agencies, and
SUMMARY:
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
interested persons on remedy, the
public interest, and bonding concerning
the defaulted respondent.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. 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: On
January 25, 2021, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed by
ARK Diagnostics, Inc. of Fremont,
California (‘‘ARK’’). See 86 FR 6918–19.
The complaint, as supplemented,
alleges a violation of section 337 based
upon the importation into the United
States, sale for importation, or sale after
importation into the United States of
certain gabapentin immunoassay kits
and test strips, components thereof, and
methods therefor by reason of
infringement of certain claims of U.S.
Patent Nos. 8,828,665 and 10,203,345.
Id. The complaint further alleges that a
domestic industry exists. Id. The notice
of investigation names fourteen
respondents, including Shanghai
Chemtron Biotech Co., Ltd. of Shanghai,
China (‘‘Shanghai Chemtron’’) and
Kappa City Biotech, SAS of Montlucon,
France (‘‘Kappa City’’). See id. The
complaint and notice of investigation
were later amended to add two
respondents. Order No. 8 (March 9,
2021), unreviewed by 86 FR 16640–41
(March 30, 2021).
The Commission previously
terminated six respondents based on
consent orders. Order Nos. 11 and 12
(Mar. 31, 2021), unreviewed by Comm’n
Notice (Apr. 15, 2021); Order No. 14
(April 9, 2021), unreviewed by Comm’n
Notice (Apr. 22, 2021); Order No. 15
(April 12, 2021), unreviewed by Comm’n
Notice (May 12, 2021). The Commission
also previously terminated three
respondents based on settlement
agreements. Order No. 13 (Apr. 5, 2021),
unreviewed by Comm’n Notice (Apr. 19,
2021); Order No. 17 (May 5, 2021),
E:\FR\FM\28FEN1.SGM
28FEN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
unreviewed by Comm’n Notice (May 18,
2021); Order No. 18 (May 20, 2021),
unreviewed by Comm’n Notice (June 21,
2021). The Commission also terminated
five respondents based on partial
withdrawal of the complaint. Order No.
20 (June 4, 2021), unreviewed by
Comm’n Notice (June 28, 2021); Order
No. 21 (June 14, 2021), unreviewed by
Comm’n Notice (July 1, 2021).
On May 18, 2021, the Commission
determined not to review an initial
determination (Order No. 16) finding
Kappa City in default. Order No. 16
(Apr. 30, 2021), unreviewed by Comm’n
Notice (May 18, 2021).
On December 7, 2021, ARK filed a
declaration seeking immediate entry of
a limited exclusion order and cease and
desist order against Kappa City.
On January 20, 2022, ARK filed a
motion to terminate this investigation
with respect to Shanghai Chemtron
based on a settlement.
On January 31, 2022, the presiding
administrative law judge issued the
subject ID granting the motion to
terminate Shanghai Chemtron based on
settlement. See Order No. 29 (Jan. 31,
2022). The subject ID finds that the
motion complies with Commission Rule
210.21(b)(1) (19 CFR 210.21(b)) and that
no extraordinary circumstances prevent
denying the motion. The subject ID
further finds that termination of
Shanghai Chemtron based on settlement
would not be contrary to the public
interest.
No party petitioned for review of the
subject ID.
The Commission has determined not
to review the subject ID (Order No. 29).
Shanghai Chemtron is terminated from
the investigation.
The Commission has further
determined that ARK’s declaration is
now moot given the termination of the
final remaining non-defaulting
respondent in this investigation. The
Commission has also determined to
request briefing on the issues of remedy,
bonding, and the public interest.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of, inter alia,
(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
VerDate Sep<11>2014
17:23 Feb 25, 2022
Jkt 256001
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
(Dec. 1994).
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and 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: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding.
ARK is requested to submit proposed
remedial orders for the Commission’s
consideration. ARK is further requested
to state the dates that the Asserted
Patents expire, to provide the HTSUS
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the products at
issue in this investigation. The initial
written submissions and proposed
remedial orders must be filed no later
than close of business on March 8, 2022.
Reply submissions must be filed no later
than the close of business on March 15,
2022. No further submissions on these
issues will be permitted unless
otherwise ordered by the Commission.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
11097
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–1239) 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.
The Commission vote for this
determination took place on February
22, 2022.
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the complainant complete
service for any party/parties without a
E:\FR\FM\28FEN1.SGM
28FEN1
11098
Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
method of electronic service noted on
the attached Certificate of Service and
shall file proof of service on the
Electronic Document Information
System (EDIS).
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: February 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–04080 Filed 2–25–22; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Overview of This Information
Collection
[OMB Number 1110–0009]
Agency Information Collection
Activities; Proposed eCollection;
eComments Requested: Law
Enforcement Officers Killed and
Assaulted Program, Analysis of
Officers Feloniously Killed and
Assaulted; and Law Enforcement
Officers Killed and Assaulted Program;
Analysis of Officers Accidentally Killed
Federal Bureau of
Investigation, Department of Justice.
ACTION: 30-Day notice.
AGENCY:
Department of Justice, Federal
Bureau of Investigation, Criminal Justice
Information Services Division will be
submitting the following information
collection request to the Office of
Management and Budget for review and
approval in accordance with the
Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for an additional 30
day until March 30, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:23 Feb 25, 2022
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Jkt 256001
Frm 00061
Fmt 4703
Sfmt 4703
Dated: February 22, 2022.
Melody Braswell,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2022–04089 Filed 2–25–22; 8:45 am]
BILLING CODE 4410–02–P
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection: Law
Enforcement Officers Killed and
Assaulted Program, Analysis of Officers
Feloniously Killed and Assaulted; and
Law Enforcement Officers Killed and
Assaulted Program, Analysis of Officers
Accidentally Killed.
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Agency form number: 1–701 and 1–
701a. Sponsoring component:
Department of Justice, Federal Bureau of
Investigation, Criminal Justice
Information Services Division.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: City, county, state,
federal, and tribal law enforcement
agencies. Abstract: Under Title 28, U.S.
Code, Section 534, Acquisition,
Preservation, and Exchange of
Identification Records; Appointment of
Officials, this collection requests the
number of officers killed or assaulted
from law enforcement agencies in order
for the FBI Uniform Crime Reporting
Program to serve as the national
clearinghouse for the collection and
dissemination of law enforcement
officer death/assault data and to publish
these statistics in Law Enforcement
Officers Killed and Assaulted.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: There are approximately
128 law enforcement agency
respondents. This included 51 minutes
for form 701 and 25 minutes for form
701–a.
PO 00000
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 384.5
hours, annual burden, associated with
this information collection. This is
made up of 84.5 hours for form
completion, and 300 hours for agency
outreach and administrative burden.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, Suite 3E.405B,
Washington, DC 20530.
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–22–0005; NARA–2022–031]
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments
AGENCY:
The National Archives and
Records Administration (NARA)
publishes notice of certain Federal
agency requests for records disposition
authority (records schedules). We
publish notice in the Federal Register
and on regulations.gov for records
schedules in which agencies propose to
dispose of records they no longer need
to conduct agency business. We invite
public comments on such records
schedules.
SUMMARY:
We must receive responses on
the schedules listed in this notice by
April 15, 2022.
ADDRESSES: To view a records schedule
in this notice, or submit a comment on
one, use the following address: https://
www.regulations.gov/docket/NARA-220005/document. This is a direct link to
the schedules posted in the docket for
this notice on regulations.gov. You may
submit comments by the following
method:
• Federal eRulemaking Portal:
https://www.regulations.gov. On the
website, enter either of the numbers
cited at the top of this notice into the
search field. This will bring you to the
docket for this notice, in which we have
DATES:
E:\FR\FM\28FEN1.SGM
28FEN1
]]>Agencies
[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11096-11098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04080]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1239]
Certain Gabapentin Immunoassay Kits and Test Strips, Components
Thereof, and Methods Therefor; Commission Determination Not To Review
an Initial Determination Terminating a Final Respondent Based on
Settlement; Request for Written Submissions on Remedy, the Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 29) terminating the final, non-defaulting
respondent, Shanghai Chemtron Biotech Co. Ltd., in the above-captioned
investigation based on settlement. The Commission has further
determined to find that the complainants' declaration seeking immediate
relief against a respondent previously found to be in default is moot.
The Commission also requests written submissions from the parties,
interested government agencies, and interested persons on remedy, the
public interest, and bonding concerning the defaulted respondent.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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: On January 25, 2021, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by ARK Diagnostics, Inc. of Fremont, California
(``ARK''). See 86 FR 6918-19. The complaint, as supplemented, alleges a
violation of section 337 based upon the importation into the United
States, sale for importation, or sale after importation into the United
States of certain gabapentin immunoassay kits and test strips,
components thereof, and methods therefor by reason of infringement of
certain claims of U.S. Patent Nos. 8,828,665 and 10,203,345. Id. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation names fourteen respondents, including Shanghai
Chemtron Biotech Co., Ltd. of Shanghai, China (``Shanghai Chemtron'')
and Kappa City Biotech, SAS of Montlucon, France (``Kappa City''). See
id. The complaint and notice of investigation were later amended to add
two respondents. Order No. 8 (March 9, 2021), unreviewed by 86 FR
16640-41 (March 30, 2021).
The Commission previously terminated six respondents based on
consent orders. Order Nos. 11 and 12 (Mar. 31, 2021), unreviewed by
Comm'n Notice (Apr. 15, 2021); Order No. 14 (April 9, 2021), unreviewed
by Comm'n Notice (Apr. 22, 2021); Order No. 15 (April 12, 2021),
unreviewed by Comm'n Notice (May 12, 2021). The Commission also
previously terminated three respondents based on settlement agreements.
Order No. 13 (Apr. 5, 2021), unreviewed by Comm'n Notice (Apr. 19,
2021); Order No. 17 (May 5, 2021),
[[Page 11097]]
unreviewed by Comm'n Notice (May 18, 2021); Order No. 18 (May 20,
2021), unreviewed by Comm'n Notice (June 21, 2021). The Commission also
terminated five respondents based on partial withdrawal of the
complaint. Order No. 20 (June 4, 2021), unreviewed by Comm'n Notice
(June 28, 2021); Order No. 21 (June 14, 2021), unreviewed by Comm'n
Notice (July 1, 2021).
On May 18, 2021, the Commission determined not to review an initial
determination (Order No. 16) finding Kappa City in default. Order No.
16 (Apr. 30, 2021), unreviewed by Comm'n Notice (May 18, 2021).
On December 7, 2021, ARK filed a declaration seeking immediate
entry of a limited exclusion order and cease and desist order against
Kappa City.
On January 20, 2022, ARK filed a motion to terminate this
investigation with respect to Shanghai Chemtron based on a settlement.
On January 31, 2022, the presiding administrative law judge issued
the subject ID granting the motion to terminate Shanghai Chemtron based
on settlement. See Order No. 29 (Jan. 31, 2022). The subject ID finds
that the motion complies with Commission Rule 210.21(b)(1) (19 CFR
210.21(b)) and that no extraordinary circumstances prevent denying the
motion. The subject ID further finds that termination of Shanghai
Chemtron based on settlement would not be contrary to the public
interest.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 29). Shanghai Chemtron is terminated from the investigation.
The Commission has further determined that ARK's declaration is now
moot given the termination of the final remaining non-defaulting
respondent in this investigation. The Commission has also determined to
request briefing on the issues of remedy, bonding, and the public
interest.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (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 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
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: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding.
ARK is requested to submit proposed remedial orders for the
Commission's consideration. ARK is further requested to state the dates
that the Asserted Patents expire, to provide the HTSUS subheadings
under which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. The initial written submissions and
proposed remedial orders must be filed no later than close of business
on March 8, 2022. Reply submissions must be filed no later than the
close of business on March 15, 2022. No further submissions on 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 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1239) 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.
The Commission vote for this determination took place on February
22, 2022.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the complainant complete service for any party/
parties without a
[[Page 11098]]
method of electronic service noted on the attached Certificate of
Service and shall file proof of service on the Electronic Document
Information System (EDIS).
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: February 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-04080 Filed 2-25-22; 8:45 am]
BILLING CODE 7020-02-P
