Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, The Public Interest, and Bonding, 37271-37273 [2023-12149]

Download as PDF Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices Committee at its upcoming annual session in September 2023. (2) A nomination of the Moravian Bethlehem District in Bethlehem, Pennsylvania as part of multi-country serial nomination of Moravian Settlements was submitted by the United States to the World Heritage Committee in January 2023 for consideration by the Committee in 2024. The nomination includes Herrnhut in Germany and Gracehill in Northern Ireland and was proposed as an extension to the World Heritage listing of Christiansfeld, a Moravian Church Settlement in Denmark. (3) The Department is now awaiting advice from the International Council on Monuments and Sites (ICOMOS) on adding other properties to the proposal for the Civil Rights Movement Sites and its overall justification. lotter on DSK11XQN23PROD with NOTICES1 Request for Public Comments Comments on whether to authorize the preparation of a World Heritage nomination for any of the properties on the Tentative List should address the readiness and ability of the property owner(s) to prepare a satisfactory nomination document. Suggestions for additions to the Tentative List not previously submitted must address: (i) How the property(ies) would meet the World Heritage nomination criteria, requirements for authenticity, integrity, legal protection and management. Information on these criteria and requirements can be found on the website noted in the FOR FURTHER INFORMATION CONTACT section of this notice; and (ii) The U.S. legal prerequisites that include the agreement of all property owners to the nomination of their property, an official determination that the property is nationally significant (such as by designation as a National Historic or National Natural Landmark), and effective legal protection. All previous suggestions for the Tentative List made during previous comment periods or otherwise submitted since 2008, have been retained and considered and should not be resubmitted at this time. Selection and Nomination All public comments will be summarized and provided to Department of the Interior officials, who will obtain the advice of the Federal Interagency Panel for World Heritage before making any selection of properties for authorization to prepare a World Heritage nomination. The selection may include relevant factors, such as the likelihood of being able to complete a satisfactory nomination, and the fact that the United States is in VerDate Sep<11>2014 17:01 Jun 06, 2023 Jkt 259001 arrears in its payments of dues to the World Heritage Fund. Once authorized, the property owners may prepare a draft nomination. The Department does not have a fixed schedule for completing or submitting World Heritage nominations. No more than one nomination from any country may be submitted per year, per the UNESCO World Heritage Operational Guidelines. Completed nominations, if approved by the Department for submission, may be submitted to the UNESCO World Heritage Centre by February 1 of any year. Public Availability of Comments All comments will be a matter of public record. Before including an address, phone number, email address, or other personal identifying information in a comment, members of the public should be aware that the entire comment—including personal identifying information—may be made public at any time. While commenters can request that personal identifying information be withheld from public review, it may not be possible to comply with this request. Authority: 54 U.S.C. 307101; 36 CFR part 73. Shannon A. Estenoz, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2023–12139 Filed 6–6–23; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1293] Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof Notice of Commission Determination To Review in Part a Final Initial Determination Finding a 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 on March 31, 2023, the presiding chief administrative law judge (‘‘CALJ’’) issued a combined final initial determination (‘‘ID’’) finding a violation of section 337 and a recommended determination (‘‘RD’’) on remedy and bonding in the above-captioned investigation. The Commission has SUMMARY: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 37271 determined to review the final ID in part. The Commission also 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: The Commission instituted this investigation on January 27, 2022, based on a complaint filed by OPEX Corporation (‘‘OPEX’’) of Moorestown, New Jersey. 87 FR 4290–91 (Jan. 27, 2022). 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts thereof by reason of infringement of certain claims of U.S. Patent Nos. 8,104,601 (‘‘the ’601 patent’’), 8,276,740 (‘‘the ’740 patent’’), 8,622,194 (‘‘the ’194 patent’’), and 10,576,505 (‘‘the ’505 patent’’). Id. at 4291. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named two respondents: (1) HC Robotics (a.k.a. Huicang Information Technology Co., Ltd.) of Hangzhou City, Zheijang Province, China; and (2) Invata, LLC (d/ b/a Invata Intralogistics) of Conshohocken, Pennsylvania (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations is not named as a party. Id. On September 13, 2022, the Commission terminated the investigation as to the OmniSort Generation 1 products based on a consent order. Order No. 10 (Aug. 12, 2022), unreviewed by Comm’n Notice (Sept. 13, 2022). On October 11, 2022, the Commission terminated the E:\FR\FM\07JNN1.SGM 07JNN1 lotter on DSK11XQN23PROD with NOTICES1 37272 Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices investigation as to (i) the ’601 patent, (ii) the ’740 patent, (iii) asserted claims 2– 4, 6, 10, 12–17, 19, and 20 of the ’194 patent, and (iv) asserted claims 14, 17, and 21 of the ’505 patent based on OPEX’s partial withdrawal of the complaint. Order No. 12 (Sept. 23, 2022), unreviewed by Comm’n Notice (Oct. 11, 2022). On December 19, 2022, the Commission determined that the technical prong of the domestic industry requirement is satisfied in this investigation as to the remaining asserted patents—i.e., the ’194 and ’505 patents. See Order No. 17 (Nov. 23, 2022), unreviewed by Comm’n Notice (Dec. 19, 2022). On March 31, 2023, the CALJ issued the subject final ID on violation and RD on remedy and bonding. The ID finds violations of section 337 with respect to asserted claims 1 and 5 of the ’194 patent and asserted claims 1–5, 7–9, 11– 13, 15–16, and 18–20 of the ’505 patent. Specifically, the ID finds that: (i) OPEX has standing to assert both the ’194 and ’505 patents; (ii) the asserted claims listed above are directly infringed by Respondents; (iii) Respondents both induced and contributed to the infringement of each of the asserted claims listed above; (iv) no asserted claim is invalid; and (v) OPEX has satisfied the economic prong of the domestic industry requirement as to both patents. The RD recommends that, should the Commission determine that violations of section 337 occurred, the Commission should: (i) issue a limited exclusion order against the Respondents’ infringing products; (ii) issue a cease and desist order against the Respondents; and (iii) set a 100 percent bond for importations of infringing products during the period of Presidential review. On April 14, 2023, Respondents filed a petition for review of the ID on violation, including the ID’s findings concerning claim construction, infringement, validity, and satisfaction of the economic prong of the domestic industry requirement. On April 26, 2023, OPEX filed a response opposing Respondents’ petition. The Commission did not receive 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. See 88 FR 23689 (Apr. 18, 2023). The Commission has determined to review the ID in part. Specifically, the Commission has determined to review the ID’s finding that OPEX has satisfied the economic prong of the domestic VerDate Sep<11>2014 17:01 Jun 06, 2023 Jkt 259001 industry requirement. The Commission has also determined to correct typographical errors on pages 8, 35, and 38 of the ID. The Commission has determined not to review the remaining findings in the ID. 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) cease and desist orders 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 (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 orders 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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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. Such submissions should address the recommended determination by the CALJ on remedy and bonding. In its initial written submission, OPEX is also requested to identify the remedy sought and to submit proposed remedial orders for the Commission’s consideration. OPEX 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 June 15, 2023. Reply submissions must be filed no later than the close of business on June 22, 2023. 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 (Mar. 19, 2020). Submissions should refer to the investigation number (Inv. No. 337– TA–1293) 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 with the Commission and served on any parties to the investigation within two business E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices days of 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 June 1, 2023. 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: June 2, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–12149 Filed 6–6–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1308] Certain Power Semiconductors, and Mobile Devices and Computers Containing Same; Notice of Request for Submissions on the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on May 18, 2023, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of section 337. On June 1, 2023, the ALJ issued a Recommended Determination on remedy and bonding should a violation be found in the abovecaptioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:01 Jun 06, 2023 Jkt 259001 public and interested government agencies only. Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https:// www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States 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: a limited exclusion order directed to certain power semiconductors with envelope tracking modules, and products such as mobile devices, tablets, and laptop computers containing the same imported, sold for importation, and/or sold after importation by respondent Apple, Inc. (‘‘Apple’’) and cease and desist orders directed to Apple. 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 and interested government agencies 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 June 1, 2023. Comments should address whether issuance of the recommended remedial FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 37273 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 July 3, 2023. 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–1308’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.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 E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37271-37273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12149]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1293]


Certain Automated Put Walls and Automated Storage and Retrieval 
Systems, Associated Vehicles, Associated Control Software, and 
Component Parts Thereof Notice of Commission Determination To Review in 
Part a Final Initial Determination Finding a 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 on March 31, 2023, the presiding 
chief administrative law judge (``CALJ'') issued a combined final 
initial determination (``ID'') finding a violation of section 337 and a 
recommended determination (``RD'') on remedy and bonding in the above-
captioned investigation. The Commission has determined to review the 
final ID in part. The Commission also 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: The Commission instituted this investigation 
on January 27, 2022, based on a complaint filed by OPEX Corporation 
(``OPEX'') of Moorestown, New Jersey. 87 FR 4290-91 (Jan. 27, 2022). 
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 automated put walls and automated storage and retrieval 
systems, associated vehicles, associated control software, and 
component parts thereof by reason of infringement of certain claims of 
U.S. Patent Nos. 8,104,601 (``the '601 patent''), 8,276,740 (``the '740 
patent''), 8,622,194 (``the '194 patent''), and 10,576,505 (``the '505 
patent''). Id. at 4291. The complaint further alleges that a domestic 
industry exists. Id. The notice of investigation named two respondents: 
(1) HC Robotics (a.k.a. Huicang Information Technology Co., Ltd.) of 
Hangzhou City, Zheijang Province, China; and (2) Invata, LLC (d/b/a 
Invata Intralogistics) of Conshohocken, Pennsylvania (collectively, 
``Respondents''). Id. The Office of Unfair Import Investigations is not 
named as a party. Id.
    On September 13, 2022, the Commission terminated the investigation 
as to the OmniSort Generation 1 products based on a consent order. 
Order No. 10 (Aug. 12, 2022), unreviewed by Comm'n Notice (Sept. 13, 
2022). On October 11, 2022, the Commission terminated the

[[Page 37272]]

investigation as to (i) the '601 patent, (ii) the '740 patent, (iii) 
asserted claims 2-4, 6, 10, 12-17, 19, and 20 of the '194 patent, and 
(iv) asserted claims 14, 17, and 21 of the '505 patent based on OPEX's 
partial withdrawal of the complaint. Order No. 12 (Sept. 23, 2022), 
unreviewed by Comm'n Notice (Oct. 11, 2022). On December 19, 2022, the 
Commission determined that the technical prong of the domestic industry 
requirement is satisfied in this investigation as to the remaining 
asserted patents--i.e., the '194 and '505 patents. See Order No. 17 
(Nov. 23, 2022), unreviewed by Comm'n Notice (Dec. 19, 2022).
    On March 31, 2023, the CALJ issued the subject final ID on 
violation and RD on remedy and bonding. The ID finds violations of 
section 337 with respect to asserted claims 1 and 5 of the '194 patent 
and asserted claims 1-5, 7-9, 11-13, 15-16, and 18-20 of the '505 
patent. Specifically, the ID finds that: (i) OPEX has standing to 
assert both the '194 and '505 patents; (ii) the asserted claims listed 
above are directly infringed by Respondents; (iii) Respondents both 
induced and contributed to the infringement of each of the asserted 
claims listed above; (iv) no asserted claim is invalid; and (v) OPEX 
has satisfied the economic prong of the domestic industry requirement 
as to both patents. The RD recommends that, should the Commission 
determine that violations of section 337 occurred, the Commission 
should: (i) issue a limited exclusion order against the Respondents' 
infringing products; (ii) issue a cease and desist order against the 
Respondents; and (iii) set a 100 percent bond for importations of 
infringing products during the period of Presidential review.
    On April 14, 2023, Respondents filed a petition for review of the 
ID on violation, including the ID's findings concerning claim 
construction, infringement, validity, and satisfaction of the economic 
prong of the domestic industry requirement. On April 26, 2023, OPEX 
filed a response opposing Respondents' petition.
    The Commission did not receive 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. See 88 FR 23689 (Apr. 18, 2023).
    The Commission has determined to review the ID in part. 
Specifically, the Commission has determined to review the ID's finding 
that OPEX has satisfied the economic prong of the domestic industry 
requirement. The Commission has also determined to correct 
typographical errors on pages 8, 35, and 38 of the ID. The Commission 
has determined not to review the remaining findings in the ID.
    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) cease and desist orders 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 (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 orders 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. Such submissions should address the recommended 
determination by the CALJ on remedy and bonding.
    In its initial written submission, OPEX is also requested to 
identify the remedy sought and to submit proposed remedial orders for 
the Commission's consideration. OPEX 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 June 15, 2023. Reply 
submissions must be filed no later than the close of business on June 
22, 2023. 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 (Mar. 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1293) 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 with the 
Commission and served on any parties to the investigation within two 
business

[[Page 37273]]

days of 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 June 1, 
2023.
    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: June 2, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12149 Filed 6-6-23; 8:45 am]
BILLING CODE 7020-02-P
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