Certain Power Semiconductors, and Mobile Devices and Computers Containing Same; Notice of Request for Submissions on the Public Interest, 37273-37274 [2023-12176]
Download as PDF
<![CDATA[
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
37274
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
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: June 2, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–12176 Filed 6–6–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1265
(Rescission)]
Certain Fitness Devices, Streaming
Components Thereof, and Systems
Containing Same; Institution of
Rescission Proceeding; Issuance of
Order Rescinding Remedial Orders as
to a Respondent; Termination of
Rescission Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to institute a rescission
proceeding, issue an order rescinding
the remedial orders directed to one
SUMMARY:
VerDate Sep<11>2014
17:01 Jun 06, 2023
Jkt 259001
respondent, and then terminate the
rescission proceeding.
FOR FURTHER INFORMATION CONTACT:
Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3427. 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 May
19, 2021, the Commission instituted the
underlying investigation based on a
complaint filed on behalf of
complainants DISH DBS Corporation of
Englewood, Colorado; DISH
Technologies L.L.C. of Englewood,
Colorado; and Sling TV L.L.C. of
Englewood, Colorado (collectively,
‘‘DISH’’). 86 FR 27106, 27106–07 (May
19, 2021). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, the sale for importation, or the
sale within the United States after
importation of certain fitness devices,
streaming components thereof, and
systems containing the same by reason
of infringement of certain claims of U.S.
Patent Nos. 9,407,564 (‘‘the ’564
patent’’); 10,469,554 (‘‘the ’554 patent’’);
10,469,555 (‘‘the ’555 patent’’);
10,757,156 (‘‘the ’156 patent’’); and
10,951,680 (‘‘the ’680 patent’’). Id. The
complaint further alleged that a
domestic industry exists. Id. The
Commission’s notice of investigation
named as respondents Peloton
Interactive, Inc. of New York, New York
(‘‘Peloton’’); iFIT Inc., f/k/a ICON Health
& Fitness, Inc. of Logan, Utah;
FreeMotion Fitness, Inc. of Logan, Utah;
NordicTrack, Inc. of Logan, Utah
(together with iFIT Inc. and FreeMotion
Fitness, Inc., ‘‘iFIT’’); lululemon
athletica inc. of Vancouver, Canada; and
Curiouser Products Inc. d/b/a MIRROR
of New York, New York (together with
lululemon athletica inc., ‘‘MIRROR;’’
and together with the other respondents,
‘‘Respondents’’). Id.; Order No. 14 (Nov.
4, 2021), unreviewed by Comm’n Notice
(Dec. 6, 2021), 86 FR 70532 (Dec. 10,
2021). The Office of Unfair Import
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
Investigations (‘‘OUII’’) participated in
the investigation. 86 FR at 27106–07.
Prior to the issuance of the final
initial determination (‘‘Final ID’’) by the
Chief Administrative Law Judge
(‘‘CALJ’’), the investigation was
terminated in part as to claims 6, 11,
and 12 of the ’156 patent, claim 22 of
the ’554 patent, and claim 17 of the ’555
patent. See Order No. 15 (Nov. 19,
2021), unreviewed by Comm’n Notice
(Dec. 20, 2021). In addition, DISH
withdrew its allegations that iFIT and
Peloton infringe claims 9 and 12 of the
’156 patent, claim 19 of the ’554 patent,
claims 12 and 13 of the ’555 patent, and
claim 6 of the ’564 patent. The
investigation was further terminated as
to claims 6–8, 10, and 13–15 of the ’564
patent, claims 3 and 6–12 of the ’156
patent, claims 18, 19, 21–25, and 30 of
the ’554 patent, claims 12, 13, 16, 17,
26, and 27 of the ’555 patent, and all
asserted claims of the ’680 patent. Order
No. 21 (Mar. 3, 2022), unreviewed by
Comm’n Notice (Mar. 23, 2022).
On September 9, 2022, the CALJ
issued the Final ID, which found that
Respondents violated section 337.
On November 18, 2022, after
considering the parties’ petitions and
the responses thereto, the Commission
determined to review the Final ID in
part. 87 FR 72510, 72510–12 (Nov. 25,
2022).
On February 13, 2023, MIRROR and
DISH filed a joint, unopposed motion to
partially terminate the investigation as
to MIRROR based on a settlement
agreement between DISH and MIRROR.
On March 8, 2023, the Commission
issued its final determination, finding
respondents Peloton and iFIT in
violation of section 337 as to the
asserted claims of the ’156, ’554, and
’555 patents, but not as to the asserted
claims of the ’564 patent. 88 FR 15736–
38 (Mar. 14, 2023). As a remedy for that
violation, the Commission issued an
LEO and CDOs directed to Peloton and
iFIT. Id. The Commission’s final
determination also terminated MIRROR
from the investigation. Id.
On May 5, 2023, the Commission
modified the remedial orders in certain
respects. 88 FR 30158 (May 10, 2023).
On May 3, 2023, DISH filed a petition
requesting that the Commission rescind
the LEO and the CDO issued against
Peloton based on settlement. DISH also
filed confidential and public
supplements to the petition that
included confidential and public
versions of the settlement agreement
between DISH and Peloton. The petition
asserts that recission is warranted based
on changed conditions of fact and law
stemming from DISH and Peloton
reaching a settlement agreement that
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37273-37274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12176]
-----------------------------------------------------------------------
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
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: 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
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 and interested government agencies only.
FOR FURTHER INFORMATION CONTACT: 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
[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: 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 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 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
[[Page 37274]]
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: June 2, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12176 Filed 6-6-23; 8:45 am]
BILLING CODE 7020-02-P
