Certain Self-Balancing Electric Skateboards and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding the Only Remaining Respondent in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 27450-27452 [2024-08176]
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on December
19, 2023 (88 FR 87812). No comments
were received.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Sections 507(b), 508(a) and
516(b) of 30 U.S.C. 1201 of the Surface
Mining Control and Reclamation Act of
1977 require underground coal mine
permit applicants to submit an
operations and reclamation plan and
establish performance standards for the
mining operation. Information
submitted is used by the regulatory
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authority to determine if the applicant
can comply with the applicable
performance and environmental
standards required by the law.
Title of Collection: Underground
Mining Permit Applications—Minimum
Requirements for Reclamation and
Operation Plan.
OMB Control Number: 1029–0039.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses and State governments.
Total Estimated Number of Annual
Respondents: 21.
Total Estimated Number of Annual
Responses: 556.
Estimated Completion Time per
Response: Varies from 2 hours to 80
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 11,007.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: One time.
Total Estimated Annual Nonhour
Burden Cost: $204,716.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Mark J. Gehlhar,
Information Collection Clearance Officer,
Office of Surface Mining Reclamation and
Enforcement.
[FR Doc. 2024–08218 Filed 4–16–24; 8:45 am]
BILLING CODE 4310–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1386]
Certain Self-Balancing Electric
Skateboards and Components
Thereof; Notice of a Commission
Determination Not To Review an Initial
Determination Finding the Only
Remaining Respondent in Default;
Request for Written Submissions on
Remedy, the Public Interest, and
Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 15) finding the only
SUMMARY:
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remaining respondent Floatwheel of
Guilin City, GuangXi Province, China
(‘‘Floatwheel’’) in default. The
Commission requests written
submissions from the parties, interested
government agencies, and other
interested persons on the issues of
remedy, the public interest, and
bonding, under the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW,
Washington, DC 20436, telephone (202)
205–2737. 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: On
January 16, 2024, the Commission
instituted this investigation based on a
complaint filed by Future Motion, Inc.
of Santa Cruz, California
(‘‘Complainant,’’ or ‘‘Future Motion’’).
89 FR 2644–45 (Jan. 16, 2024). 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, or sale within
the United States after importation of
certain self-balancing electric
skateboards and components thereof by
reason of the infringement of one or
more of claims 1, 2, 4–6, 8–10, 13–15,
and 17–19 of U.S. Patent No. 9,400,505
(‘‘the ’505 patent’’). Id. at 2644. The
Commission’s notice of investigation
named as respondents Floatwheel;
Changzhou Smilo Motors Co., Ltd. of
Changzhou, Jiangsu Province, China
(’’Smilo’’); Changzhou Gaea Technology
Co., Ltd. of Changzhou, Jiangsu, China
(‘‘Gaea’’); and Shanghai Loyal Industry
Co., Ltd., d/b/a ‘‘SoverSky’’ of Shanghai,
China (‘‘SoverSky’’) (collectively,
‘‘Respondents’’). Id. at 2645. The Office
of Unfair Import Investigations (‘‘OUII’’)
was also named as a party in this
investigation. Id.
On March 12, 2024, Complainant
moved to withdraw its complaint and
terminate this investigation with respect
to respondents Smilo, Gaea, and
SoverSky. Motion Docket No. 1386–06
(EDIS Doc. ID 815981). On March 13,
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2024, the ALJ granted the unopposed
motion. Order No. 13 (Mar. 13, 2024);
unreviewed by Notice (April 12, 2024).
The complaint and notice of
investigation were served on Floatwheel
on January 17, 2024. See Order No. 8 at
5 (Feb. 6, 2024). Floatwheel failed to
respond to the complaint and notice of
investigation. On February 8, 2024,
Complainant filed a motion for an order
to show cause directing Floatwheel to
demonstrate why it should not be found
in default for failing to respond to the
complaint and notice of investigation, or
otherwise participate in the
investigation.
On February 23, 2024, the presiding
ALJ issued Order No. 10, ordering, inter
alia, Floatwheel to show why it should
not be found in default and why
judgment should not be rendered
against it for failing to respond to the
complaint and notice of investigation.
No response was filed to the show cause
order.
On March 13, 2024, the ALJ issued
the subject ID (Order No. 15) finding
Floatwheel in default under
Commission Rule 210.16 (19 CFR
210.16).
The ID further noted that because
Floatwheel did not respond to the order
to show cause, it had necessarily failed
to make the requisite showing of good
cause to avoid default. Id. at 2. In
addition, the ID noted that Complainant
filed proof of service of Order No. 10 on
Floatwheel. Id. at 2 (citing Proof of
Email Service of Order No. 10 (EDIS
Doc. ID 814868) (email to
tonyfloatwheel@gmail.com with Order
No. 10 attached)). The ID also noted that
Complainant’s proof of service
demonstrates that it served Order No. 10
on Floatwheel by email on February 23,
2024. Id. (citations omitted).
The ID concluded that Floatwheel is
in default under 19 CFR 210.16, and
that Floatwheel therefore has no right to
appear, to be served with documents, or
to contest the allegations in this
investigation. Id. (citing 19 CFR
210.16(b)(4)). No party petitioned for
review of the ID.
The Commission has determined not
to review the subject ID. Floatwheel is
hereby found in default.
Section 337(g)(l) (35 U.S.C. 1337(g)(l))
and Commission Rule 210.16(c) (19 CFR
210.16(c)) authorize the Commission to
order relief against a respondent found
in default, unless, after considering the
public interest, it finds that such relief
should not issue.
In connection with the final
disposition of this investigation, the
statute authorizes the issuance of, inter
alia, (1) an exclusion order that could
result in the exclusion of the subject
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articles from entry into the United
States, and/or (2) a cease and desist
order that could result in the respondent
being required to cease and desist from
engaging in unfair acts in the
importation and sale of such articles.
Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 Comm’n Op. at 7–10
(Dec. 1994).
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and/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 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.
In its initial submission, Complainant
is also requested to identify the remedy
sought and Complainant and OUII are
requested to submit proposed remedial
orders for the Commission’s
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27451
consideration. Complainant is further
requested to provide the HTSUS
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the subject articles.
The initial written submissions and
proposed remedial orders must be filed
no later than close of business on April
29, 2024. Reply submissions must be
filed no later than the close of business
on May 6, 2024. No further submissions
on these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (Inv.
No. 337–TA–1386) 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
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.
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
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.
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the Complainant(s) complete
service for any party/parties without a
method of electronic service noted on
the attached Certificate of Service and
shall file proof of service on the
Electronic Document Information
System (EDIS).
The Commission vote for this
determination took place on April 12,
2024.
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).
Issuance of an exclusion order or a cease
and desist order or both directed against the
respondent.
By order of the Commission.
Issued: April 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–08176 Filed 4–16–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1398]
Certain Smart Wearable Devices,
Systems, and Components Thereof;
Notice of Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
March 13, 2024, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Ouraring, Inc. of San
¯ ura Health
Francisco, California, and O
Oy of Finland. An amended confidential
exhibit was filed on March 21, 2024,
and an amended complaint was filed on
March 22, 2024. The complaint, as
amended, alleges violations of section
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SUMMARY:
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17:10 Apr 16, 2024
Jkt 262001
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain smart
wearable devices, systems, and
components thereof by reason of the
infringement of certain claims of U.S.
Patent No. 11,868,178 (‘‘the ’178
patent’’); U.S. Patent No. 11,868,179
(‘‘the ’179 patent’’); and U.S. Patent No.
10,842,429 (‘‘the ’429 patent’’). The
amended complaint further alleges that
an industry in the United States exists
as required by the applicable Federal
Statute. The complainant requests that
the Commission institute an
investigation and, after the
investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint (as
amended), except for any confidential
information contained therein, may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having
considered the complaint (as amended),
the U.S. International Trade
Commission, on April 12, 2024, ordered
that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims 1,
2, 6–10, 12–14, 17, and 18 of the ’178
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Fmt 4703
Sfmt 4703
patent; claims 1, 3–5, 9, 10, and 13–16
of the ’179 patent; and claims 1, 3–6,
and 8–11 of the ’429 patent, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘smart ring wearable
devices, systems, and components
thereof’’;
(3) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties or other
interested persons with respect to the
public interest in this investigation, as
appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(4) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
Ouraring, Inc., 222 Kearny Street, San
¯ ura Health Oy,
Francisco, CA 94108, O
Elektroniikkatie 10, 90590 Oulu,
Finland
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint (as amended) is to
be served:
Ultrahuman Healthcare Pvt. Ltd., No.
4088/799, Third Floor, V K Paradise
Sector-2, Bengaluru, Karnataka
560102, India
Ultrahuman Healthcare SP LLC, 4th
Floor, Etihad Airways Center, Al
Raha, Al Muneera, Abu Dhabi, UAE
Ultrahuman Healthcare Ltd., 5 New
Street Square, London, United
Kingdom
Guangdong Jiu Zhi Technology, Co.
Ltd., Room 411–18, Floor 4, Building
C, Innovation Center Plant, No. 34,
XiangShan Avenue, Cuiheng New
District, Zhongshan City, Guangdong
528437 China
RingConn LLC, 1226 North King St.,
Wilmington, DE 19801
Circular SAS, 78 Avenues des ChampsElyse´es, Bureau 326, 75008 Paris,
France
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
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]]>Agencies
[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27450-27452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08176]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1386]
Certain Self-Balancing Electric Skateboards and Components
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Finding the Only Remaining Respondent in Default; Request
for Written Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 15)
finding the only remaining respondent Floatwheel of Guilin City,
GuangXi Province, China (``Floatwheel'') in default. The Commission
requests written submissions from the parties, interested government
agencies, and other interested persons on the issues of remedy, the
public interest, and bonding, under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street, SW,
Washington, DC 20436, telephone (202) 205-2737. 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: On January 16, 2024, the Commission
instituted this investigation based on a complaint filed by Future
Motion, Inc. of Santa Cruz, California (``Complainant,'' or ``Future
Motion''). 89 FR 2644-45 (Jan. 16, 2024). 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, or sale within the United States after
importation of certain self-balancing electric skateboards and
components thereof by reason of the infringement of one or more of
claims 1, 2, 4-6, 8-10, 13-15, and 17-19 of U.S. Patent No. 9,400,505
(``the '505 patent''). Id. at 2644. The Commission's notice of
investigation named as respondents Floatwheel; Changzhou Smilo Motors
Co., Ltd. of Changzhou, Jiangsu Province, China (''Smilo''); Changzhou
Gaea Technology Co., Ltd. of Changzhou, Jiangsu, China (``Gaea''); and
Shanghai Loyal Industry Co., Ltd., d/b/a ``SoverSky'' of Shanghai,
China (``SoverSky'') (collectively, ``Respondents''). Id. at 2645. The
Office of Unfair Import Investigations (``OUII'') was also named as a
party in this investigation. Id.
On March 12, 2024, Complainant moved to withdraw its complaint and
terminate this investigation with respect to respondents Smilo, Gaea,
and SoverSky. Motion Docket No. 1386-06 (EDIS Doc. ID 815981). On March
13,
[[Page 27451]]
2024, the ALJ granted the unopposed motion. Order No. 13 (Mar. 13,
2024); unreviewed by Notice (April 12, 2024).
The complaint and notice of investigation were served on Floatwheel
on January 17, 2024. See Order No. 8 at 5 (Feb. 6, 2024). Floatwheel
failed to respond to the complaint and notice of investigation. On
February 8, 2024, Complainant filed a motion for an order to show cause
directing Floatwheel to demonstrate why it should not be found in
default for failing to respond to the complaint and notice of
investigation, or otherwise participate in the investigation.
On February 23, 2024, the presiding ALJ issued Order No. 10,
ordering, inter alia, Floatwheel to show why it should not be found in
default and why judgment should not be rendered against it for failing
to respond to the complaint and notice of investigation. No response
was filed to the show cause order.
On March 13, 2024, the ALJ issued the subject ID (Order No. 15)
finding Floatwheel in default under Commission Rule 210.16 (19 CFR
210.16).
The ID further noted that because Floatwheel did not respond to the
order to show cause, it had necessarily failed to make the requisite
showing of good cause to avoid default. Id. at 2. In addition, the ID
noted that Complainant filed proof of service of Order No. 10 on
Floatwheel. Id. at 2 (citing Proof of Email Service of Order No. 10
(EDIS Doc. ID 814868) (email to [email protected] with Order No.
10 attached)). The ID also noted that Complainant's proof of service
demonstrates that it served Order No. 10 on Floatwheel by email on
February 23, 2024. Id. (citations omitted).
The ID concluded that Floatwheel is in default under 19 CFR 210.16,
and that Floatwheel therefore has no right to appear, to be served with
documents, or to contest the allegations in this investigation. Id.
(citing 19 CFR 210.16(b)(4)). No party petitioned for review of the ID.
The Commission has determined not to review the subject ID.
Floatwheel is hereby found in default.
Section 337(g)(l) (35 U.S.C. 1337(g)(l)) and Commission Rule
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order relief
against a respondent found in default, unless, after considering the
public interest, it finds that such relief should not issue.
In connection with the final disposition of this investigation, the
statute authorizes the issuance of, inter alia, (1) an exclusion order
that could result in the exclusion of the subject articles from entry
into the United States, and/or (2) a cease and desist order that could
result in the respondent being required to cease and desist from
engaging in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
Comm'n Op. at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/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 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.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to provide the HTSUS subheadings under
which the accused products are imported, and to supply the
identification information for all known importers of the subject
articles. The initial written submissions and proposed remedial orders
must be filed no later than close of business on April 29, 2024. Reply
submissions must be filed no later than the close of business on May 6,
2024. No further submissions on these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1386) 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 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.
[[Page 27452]]
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.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission vote for this determination took place on April 12,
2024.
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).
Issuance of an exclusion order or a cease and desist order or
both directed against the respondent.
By order of the Commission.
Issued: April 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08176 Filed 4-16-24; 8:45 am]
BILLING CODE 7020-02-P
