Certain Composite Baseball and Softball Bats and Components Thereof Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation With Respect to the Last Active Respondent Based on Settlement; Request for Briefing on Remedy, Bond, and the Public Interest, 48690-48692 [2022-17111]
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48690
Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices
granting a joint motion to terminate the
investigation in its entirety based on
settlement. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2301. 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.
On
November 4, 2021, the Commission
instituted this investigation based on a
complaint filed on behalf of Honeywell
International Inc., Hand Held Products,
Inc., and Metrologic Instruments, Inc.
(collectively, ‘‘Complainants’’), all of
Charlotte, North Carolina. 86 FR 60915
(Nov. 4, 2021). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, based upon the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain bar code scanners, mobile
computers with bar code scanning
capabilities, scan engines, and
components thereof that infringe one of
more claims of U.S. Patent Nos.
8,794,520 (‘‘the ’520 patent’’); 7,568,628
(‘‘the ’628 patent’’); 7,770,799 (‘‘the ’799
patent’’); 9,576,169 (‘‘the ’169 patent’’);
and 10,721,429 (‘‘the ’429 patent’’). Id.
The complaint also alleges that a
domestic industry exists or is in the
process of being established. Id. The
Commission’s notice of investigation
named Zebra Technologies Corporation
of Lincolnshire, Illinois and Symbol
Technologies, Inc. of Holtsville, New
York (collectively, ‘‘Respondents’’) as
respondents. Id. The Office of Unfair
Import Investigations is participating in
this investigation. Id.
The Commission previously
terminated the investigation as to the
’520 patent and certain claims of the
’628, ’799, ’169, and ’429 patents. Order
No. 13 (Apr. 7, 2022), unreviewed by
Notice (Apr. 25, 2022); Order No. 19
(May 27, 2022), unreviewed by Notice
(June 13, 2022).
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SUPPLEMENTARY INFORMATION:
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On July 11, 2022, Complainants and
Respondents filed a joint motion to
terminate the investigation based on a
license and settlement agreement
between the parties. No opposition to
the motion was filed.
On July 12, 2022, the ALJ issued the
subject ID (Order No. 23), granting the
joint motion to terminate the
investigation based on settlement. The
ID finds that the motion for termination
satisfies Commission Rule 210.21(b) (19
CFR 210.21(b), and that no
extraordinary circumstances exist that
would prevent the requested
termination. No petitions for review
were filed.
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 August 4,
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: August 4, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–17110 Filed 8–9–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1283]
Certain Composite Baseball and
Softball Bats and Components Thereof
Notice of a Commission Determination
Not To Review an Initial Determination
Terminating the Investigation With
Respect to the Last Active Respondent
Based on Settlement; Request for
Briefing on Remedy, Bond, and the
Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined not to review an initial
determination (‘‘ID’’) (Order No. 23)
issued by the presiding administrative
law judge (‘‘ALJ’’) terminating the
investigation with respect to Juno
Athletics LLC (‘‘Juno’’), the last active
respondent, based on settlement. Juno is
hereby terminated from this
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
investigation. The Commission requests
written submissions from the parties,
interested government agencies, and
interested persons on issues of remedy,
bonding, and the public interest with
respect to the respondent found in
default.
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket system
(‘‘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: The
Commission instituted this investigation
on November 2, 2021, based on a
complaint filed and supplemented by
Easton Diamond Sports, LLC of
Thousand Oaks, California (‘‘Easton’’).
86 FR 60468–469 (Nov. 2, 2021). The
complaint alleges a violation of section
337 of the Tariff Act, as amended, 19
U.S.C. 1337, based on the importation,
sale for importation, or sale in the
United States after importation of
certain composite baseball and softball
bats and components thereof by reason
of infringement of one or more asserted
claims of U.S. Patent No. 6,997,826. Id.
The complaint further alleges the
existence of a domestic industry. Id. The
Commission’s notice of investigation
names Juno of Aventura, Florida;
Monsta Athletics LLC of Calimesa,
California (‘‘Monsta’’); and Proton
Sports Inc. of Scottsdale, Arizona
(‘‘Proton’’) as respondents. Id. at 60469.
The Office of Unfair Import
Investigations is not a party to this
investigation. Id.
On January 25, 2022, the Commission
amended the complaint and notice of
investigation to add TianChang
Zhengmu Aluminum Technology Co.,
Ltd. of Tianching City, China (‘‘TZA’’)
as a respondent. Order No. 8 (Dec. 28,
2021), unreviewed by Comm’n Notice
(Jan. 25, 2022).
On February 16, 2022, the
Commission terminated TZA from the
investigation based on withdrawal of
the complaint. Order No. 11 (Jan. 28,
2022), unreviewed by Comm’n Notice
(Feb. 16, 2022).
E:\FR\FM\10AUN1.SGM
10AUN1
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Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices
On April 12, 2022, the Commission
found respondent Proton in default.
Order No. 13 (March 30, 2022),
unreviewed by Comm’n Notice (April
12, 2022).
On July 25, 2022, the Commission
terminated Monsta from the
investigation based on withdrawal of
the complaint. Order No. 21 (June 27,
2022), unreviewed by Comm’n Notice
(July 25, 2022).
On July 8, 2022, Easton and Juno filed
a joint motion to terminate the
investigation with respect to Juno based
on a settlement agreement. Easton
further requested issuance of a limited
exclusion order (‘‘LEO’’) against the
defaulting respondent, Proton. Joint
Motion to Terminate the Investigation as
to Respondent Juno Athletics LLC Based
on Settlement and Motion to Stay the
Investigation as to Juno Athletics LLC at
3 (July 11, 2022).
On July 11, 2022, the presiding ALJ
issued the subject ID granting the
motion to terminate the investigation
with respect to Juno. Order No. 23 (July
11, 2022). The subject ID finds that the
joint motion complies with the
requirements of Commission Rule
210.21(a), (b) (19 CFR 210.21(a), (b)), in
that the settlement agreement
completely resolves the dispute between
Easton and Juno, and there are no other
agreements, oral or written, express or
implied, between the parties regarding
the subject matter of the investigation.
The ID also finds that terminating Juno
serves the public interest by avoiding
litigation and conserving public and
private resources. The ID further finds
that terminating Juno is not contrary to
the public health and welfare,
competitive conditions in the U.S.
economy, the production of like or
directly competitive articles in the
United States, or U.S. consumers. The
ID also finds there are no extraordinary
circumstances that weigh against
termination. No party filed a petition for
review of the subject ID.
Upon review of the subject ID, the
Commission has determined not to
review, and thereby adopts, the subject
ID. The investigation is hereby
terminated with respect to Juno.
As Juno was the last active
respondent in this investigation, only
Proton, who was previously found in
default, remains. As noted above, Easton
seeks an LEO against Proton.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of an order
that could result in the exclusion of the
subject articles from entry into the
United States. Accordingly, the
Commission is interested in receiving
written submissions that address the
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18:26 Aug 09, 2022
Jkt 256001
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 action. 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 this
investigation, interested government
agencies, and any other interested
parties are requested to file written
submissions on the issues of remedy,
the public interest, and bonding.
In its initial submission, Complainant
is requested to identify the remedy
sought and to submit proposed remedial
orders for the Commission’s
consideration. Complainant is also
requested to provide the HTSUS
subheadings under which the accused
products are imported. Complainant is
further requested to supply the names of
known importers of a respondent’s
products at issue in this investigation.
Complainant is also requested to
identify and explain, from the record,
articles that it contends are
‘‘components of’’ the subject products,
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Fmt 4703
Sfmt 4703
48691
and thus potentially covered by the
proposed remedial orders, if imported
separately from the subject products.
See 86 FR 60468–469. Failure to provide
this information may result in waiver of
any remedy directed to ‘‘components
of’’ the subject products, in the event
any violation may be found.
The parties’ written submissions and
proposed remedial orders must be filed
no later than the close of business on
August 26, 2022. Reply submissions
must be filed no later than the close of
business on September 5, 2022. Opening
submissions are limited to 30 pages.
Reply submissions are limited to 25
pages. 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–1283’’) in a prominent place on
the cover page and/or 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 Commission 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. 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 non-confidential
E:\FR\FM\10AUN1.SGM
10AUN1
48692
Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.
The Commission voted to approve
this determination on August 4, 2022.
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).
By order of the Commission.
Issued: August 4, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–17111 Filed 8–9–22; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1041]
Importer of Controlled Substances
Application: Lipomed
Drug Enforcement
Administration, Justice.
AGENCY:
ACTION:
Notice of application.
Lipomed has applied to be
registered as an importer of basic
class(es) of controlled substance(s).
Refer to SUPPLEMENTARY INFORMATION
listed below for further drug
information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before September 9, 2022. Such
persons may also file a written request
for a hearing on the application on or
before September 9, 2022.
ADDRESSES: The Drug Enforcement
Administration requires that all
comments be submitted electronically
through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
SUMMARY:
aware that submitted comments are not
instantaneously available for public
view on https://www.regulations.gov. If
you have received a Comment Tracking
Number, your comment has been
successfully submitted and there is no
need to resubmit the same comment. All
requests for a hearing must be sent to:
(1) Drug Enforcement Administration,
Attn: Hearing Clerk/OALJ, 8701
Morrissette Drive, Springfield, Virginia
22152; and (2) Drug Enforcement
Administration, Attn: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for a hearing should
also be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152.
In
accordance with 21 CFR 1301.34(a), this
is notice that on June 13, 2022,
Lipomed, 150 Cambridgepark Drive,
Suite 705, Cambridge, Massachusetts
02140, applied to be registered as an
importer of the following basic class(es)
of controlled substance(s):
SUPPLEMENTARY INFORMATION:
Controlled substance
Drug code
2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (methoxetamine) .......................................................................
The company plans to import
analytical reference standards for
distribution to its customers for research
and analytical purposes. No other
activity for this drug code is authorized
for this registration.
Approval of permit applications will
occur only when the registrant’s
business activity is consistent with what
is authorized under 21 U.S.C. 952(a)(2).
Authorization will not extend to the
import of Food and Drug
Administration-approved or nonapproved finished dosage forms for
commercial sale.
Kristi O’Malley,
Assistant Administrator.
[FR Doc. 2022–17174 Filed 8–9–22; 8:45 am]
BILLING CODE P
khammond on DSKJM1Z7X2PROD with NOTICES
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1048]
Bulk Manufacturer of Controlled
Substances Application: Cambrex
Charles City
Drug Enforcement
Administration, Justice.
AGENCY:
VerDate Sep<11>2014
17:26 Aug 09, 2022
Jkt 256001
ACTION:
Notice of application.
Cambrex Charles City has
applied to be registered as a bulk
manufacturer of basic class(es) of
controlled substance(s). Refer to
Supplementary Information listed below
for further drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before October 11, 2022. Such
persons may also file a written request
for a hearing on the application on or
before October 11, 2022.
ADDRESSES: The Drug Enforcement
Administration requires that all
comments be submitted electronically
through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
aware that submitted comments are not
instantaneously available for public
SUMMARY:
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
7286
Schedule
I
view on https://www.regulations.gov. If
you have received a Comment Tracking
Number, your comment has been
successfully submitted and there is no
need to resubmit the same comment.
SUPPLEMENTARY INFORMATION: In
accordance with 21 CFR 1301.33(a), this
is notice that on May 9, 2022, Cambrex
Charles City, 1205 11th Street, Charles
City, Iowa 50616–3466, applied to be
registered as a bulk manufacturer of the
following basic class(es) of controlled
substance(s):
Controlled substance
Gamma Hydroxybutyric
Acid.
Tetrahydrocannabinols
Amphetamine ...............
Lisdexamfetamine ........
Methylphenidate ...........
ANPP (4-Anilino-Nphenethyl-4-piperidine).
Phenylacetone ..............
Codeine ........................
Oxycodone ...................
Hydromorphone ............
Hydrocodone ................
Methadone ....................
Morphine .......................
Oripavine ......................
E:\FR\FM\10AUN1.SGM
10AUN1
Drug
code
Schedule
2010
I
7370
1100
1205
1724
8333
I
II
II
II
II
8501
9050
9143
9150
9193
9250
9300
9330
II
II
II
II
II
II
II
II
]]>Agencies
[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48690-48692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17111]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1283]
Certain Composite Baseball and Softball Bats and Components
Thereof Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation With Respect to the Last
Active Respondent Based on Settlement; Request for Briefing on Remedy,
Bond, and the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 23) issued by the presiding
administrative law judge (``ALJ'') terminating the investigation with
respect to Juno Athletics LLC (``Juno''), the last active respondent,
based on settlement. Juno is hereby terminated from this investigation.
The Commission requests written submissions from the parties,
interested government agencies, and interested persons on issues of
remedy, bonding, and the public interest with respect to the respondent
found in default.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``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: The Commission instituted this investigation
on November 2, 2021, based on a complaint filed and supplemented by
Easton Diamond Sports, LLC of Thousand Oaks, California (``Easton'').
86 FR 60468-469 (Nov. 2, 2021). The complaint alleges a violation of
section 337 of the Tariff Act, as amended, 19 U.S.C. 1337, based on the
importation, sale for importation, or sale in the United States after
importation of certain composite baseball and softball bats and
components thereof by reason of infringement of one or more asserted
claims of U.S. Patent No. 6,997,826. Id. The complaint further alleges
the existence of a domestic industry. Id. The Commission's notice of
investigation names Juno of Aventura, Florida; Monsta Athletics LLC of
Calimesa, California (``Monsta''); and Proton Sports Inc. of
Scottsdale, Arizona (``Proton'') as respondents. Id. at 60469. The
Office of Unfair Import Investigations is not a party to this
investigation. Id.
On January 25, 2022, the Commission amended the complaint and
notice of investigation to add TianChang Zhengmu Aluminum Technology
Co., Ltd. of Tianching City, China (``TZA'') as a respondent. Order No.
8 (Dec. 28, 2021), unreviewed by Comm'n Notice (Jan. 25, 2022).
On February 16, 2022, the Commission terminated TZA from the
investigation based on withdrawal of the complaint. Order No. 11 (Jan.
28, 2022), unreviewed by Comm'n Notice (Feb. 16, 2022).
[[Page 48691]]
On April 12, 2022, the Commission found respondent Proton in
default. Order No. 13 (March 30, 2022), unreviewed by Comm'n Notice
(April 12, 2022).
On July 25, 2022, the Commission terminated Monsta from the
investigation based on withdrawal of the complaint. Order No. 21 (June
27, 2022), unreviewed by Comm'n Notice (July 25, 2022).
On July 8, 2022, Easton and Juno filed a joint motion to terminate
the investigation with respect to Juno based on a settlement agreement.
Easton further requested issuance of a limited exclusion order
(``LEO'') against the defaulting respondent, Proton. Joint Motion to
Terminate the Investigation as to Respondent Juno Athletics LLC Based
on Settlement and Motion to Stay the Investigation as to Juno Athletics
LLC at 3 (July 11, 2022).
On July 11, 2022, the presiding ALJ issued the subject ID granting
the motion to terminate the investigation with respect to Juno. Order
No. 23 (July 11, 2022). The subject ID finds that the joint motion
complies with the requirements of Commission Rule 210.21(a), (b) (19
CFR 210.21(a), (b)), in that the settlement agreement completely
resolves the dispute between Easton and Juno, and there are no other
agreements, oral or written, express or implied, between the parties
regarding the subject matter of the investigation. The ID also finds
that terminating Juno serves the public interest by avoiding litigation
and conserving public and private resources. The ID further finds that
terminating Juno is not contrary to the public health and welfare,
competitive conditions in the U.S. economy, the production of like or
directly competitive articles in the United States, or U.S. consumers.
The ID also finds there are no extraordinary circumstances that weigh
against termination. No party filed a petition for review of the
subject ID.
Upon review of the subject ID, the Commission has determined not to
review, and thereby adopts, the subject ID. The investigation is hereby
terminated with respect to Juno.
As Juno was the last active respondent in this investigation, only
Proton, who was previously found in default, remains. As noted above,
Easton seeks an LEO against Proton.
In connection with the final disposition of this investigation, the
statute authorizes issuance of an order that could result in the
exclusion of the subject articles from entry into the United States.
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 action. 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 this investigation, interested
government agencies, and any other interested parties are requested to
file written submissions on the issues of remedy, the public interest,
and bonding.
In its initial submission, Complainant is requested to identify the
remedy sought and to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to provide
the HTSUS subheadings under which the accused products are imported.
Complainant is further requested to supply the names of known importers
of a respondent's products at issue in this investigation. Complainant
is also requested to identify and explain, from the record, articles
that it contends are ``components of'' the subject products, and thus
potentially covered by the proposed remedial orders, if imported
separately from the subject products. See 86 FR 60468-469. Failure to
provide this information may result in waiver of any remedy directed to
``components of'' the subject products, in the event any violation may
be found.
The parties' written submissions and proposed remedial orders must
be filed no later than the close of business on August 26, 2022. Reply
submissions must be filed no later than the close of business on
September 5, 2022. Opening submissions are limited to 30 pages. Reply
submissions are limited to 25 pages. 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-1283'') in a prominent place on
the cover page and/or 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 Commission 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. 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 non-confidential
[[Page 48692]]
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
The Commission voted to approve this determination on August 4,
2022.
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).
By order of the Commission.
Issued: August 4, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17111 Filed 8-9-22; 8:45 am]
BILLING CODE 7020-02-P
