Certain Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof; Notice of Request for Submissions on the Public Interest, 56699-56700 [2022-19991]

Download as PDF Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: lotter on DSK11XQN23PROD with NOTICES1 unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, specifically: (1) limited exclusion orders directed to certain fitness devices, streaming components thereof, and systems containing same imported, sold for importation, and/or sold after importation by respondents iFIT Inc., FreeMotion Fitness, Inc., and NordicTrack, Inc., all of Logan, Utah; lululemon athletica inc. (‘‘lululemon’’) of Vancouver, Canada; and Curiouser Products Inc. d/b/a MIRROR and Peloton Interactive, Inc., both of New York, New York (collectively, the ‘‘Respondents’’) that infringe one or more of asserted claims 1 and 3–5 of U.S. Patent No. 9,407,564; claims 1–2 and 4–5 of U.S. Patent No. 10,757,156; claims 16–17 and 20 of U.S. Patent No. 10,469,554; and claims 10–11 and 14–15 of U.S. Patent No. 10,469,555; and (2) cease and desist orders directed to Respondents with respect to these asserted claims. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on September 9, 2022. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, would affect the public health and welfare in VerDate Sep<11>2014 16:56 Sep 14, 2022 Jkt 256001 the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the recommended remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. Written submissions must be filed no later than by the close of business on October 11, 2022. 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–1265’’) 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 56699 sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: September 12, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–19992 Filed 9–14–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1267] Certain Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof; Notice of Request for Submissions on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on August 12, 2022, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of section 337. On August 26, 2022, the ALJ also issued a Recommended Determination on Remedy, Bonding, and the Public Interest should a violation be found in the abovecaptioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) SUMMARY: E:\FR\FM\15SEN1.SGM 15SEN1 56700 Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices 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: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: lotter on DSK11XQN23PROD with NOTICES1 unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, specifically: (1) a limited exclusion order directed to certain power inverters and converters, vehicles containing same, and components imported, sold for importation, and/or sold after importation by respondents Audi AG and Audi of America, LLC (collectively, ‘‘Audi’’); Automobili Lamborghini America, LLC and Automobili Lamborghini S.p.A (collectively, ‘‘Lamborghini’’); Bayerische Motoren Werke AG and BMW of North America, LLC (collectively, ‘‘BMW’’); Bentley Motors Ltd. and Bentley Motors, Inc. (collectively, ‘‘Bentley’’); Daimler AG and Mercedes-Benz USA, LLC (collectively, ‘‘Mercedes’’); General Motors LLC (‘‘General Motors’’); and Volkswagen AG and Volkswagen Group of America (‘‘Volkswagen’’ or ‘‘VW’’); and (2) cease and desist orders directed to respondents Audi, BMW, Mercedes, General Motors, and Volkswagen, but not to Bentley or Lamborghini. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). The RD further finds that the public interest factors support a delay of six (6) months in the implementation of any remedial orders for the accused fully electric vehicles (‘‘BEVs’’) and plug-in hybrid vehicles (‘‘PHEVs’’) if the supply of BEV and PHEV vehicles continues to VerDate Sep<11>2014 16:56 Sep 14, 2022 Jkt 256001 be impacted by the global semiconductor shortage. The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on August 26, 2022. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the recommended remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on October 10, 2022. 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–1267’’) 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 PO 00000 Frm 00081 Fmt 4703 Sfmt 9990 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. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: September 12, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–19991 Filed 9–14–22; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56699-56700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19991]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1267]


Certain Power Inverters and Converters, Vehicles Containing the 
Same, and Components Thereof; Notice of Request for Submissions on the 
Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that on August 12, 2022, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination on 
Violation of section 337. On August 26, 2022, the ALJ also issued a 
Recommended Determination on Remedy, Bonding, and the Public Interest 
should a violation be found in the above-captioned investigation. The 
Commission is soliciting submissions on public interest issues raised 
by the recommended relief should the Commission find a violation. This 
notice is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202)

[[Page 56700]]

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

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

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: (1) a limited exclusion order directed to 
certain power inverters and converters, vehicles containing same, and 
components imported, sold for importation, and/or sold after 
importation by respondents Audi AG and Audi of America, LLC 
(collectively, ``Audi''); Automobili Lamborghini America, LLC and 
Automobili Lamborghini S.p.A (collectively, ``Lamborghini''); 
Bayerische Motoren Werke AG and BMW of North America, LLC 
(collectively, ``BMW''); Bentley Motors Ltd. and Bentley Motors, Inc. 
(collectively, ``Bentley''); Daimler AG and Mercedes-Benz USA, LLC 
(collectively, ``Mercedes''); General Motors LLC (``General Motors''); 
and Volkswagen AG and Volkswagen Group of America (``Volkswagen'' or 
``VW''); and (2) cease and desist orders directed to respondents Audi, 
BMW, Mercedes, General Motors, and Volkswagen, but not to Bentley or 
Lamborghini. Parties are to file public interest submissions pursuant 
to 19 CFR 210.50(a)(4).
    The RD further finds that the public interest factors support a 
delay of six (6) months in the implementation of any remedial orders 
for the accused fully electric vehicles (``BEVs'') and plug-in hybrid 
vehicles (``PHEVs'') if the supply of BEV and PHEV vehicles continues 
to be impacted by the global semiconductor shortage.
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's Recommended Determination on Remedy and Bonding 
issued in this investigation on August 26, 2022. Comments should 
address whether issuance of the recommended remedial orders in this 
investigation, should the Commission find a violation, would affect the 
public health and welfare in the United States, competitive conditions 
in the United States economy, the production of like or directly 
competitive articles in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) explain how the articles potentially subject to the recommended 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on October 10, 2022.
    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-1267'') 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. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously 
with any confidential filing and must be served in accordance with 
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this investigation may be disclosed to and 
used: (i) by the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements. All nonconfidential written submissions will be available 
for public inspection on EDIS.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: September 12, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19991 Filed 9-14-22; 8:45 am]
BILLING CODE 7020-02-P

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