Certain Compact Wallets and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 45010-45012 [2024-11186]
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Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Notices
e. One representative from each of the
following Interior agencies as ex-officio
non-voting members: Bureau of
Reclamation, Bureau of Indian Affairs,
U.S. Fish and Wildlife Service, and
National Park Service.
At this time, we are particularly
interested in applications from
representatives of the following to fill
vacancies on the committee
a. one from the basin state of Arizona;
b. one from the Native American
Tribe of Southern Paiute Consortium;
c. one from National Park Service;
d. one from Arizona Game and Fish;
e. two from Federal Power Purchase
Contractors; and
f. one from the Recreational Industry.
After consultation, the Secretary will
appoint members to the AMWG.
Members will be selected based on their
individual qualifications, as well as the
overall need to achieve a balanced
representation of viewpoints, subject
matter expertise, regional knowledge,
and representation of communities of
interest. AMWG member terms are
limited to 3 years from their date of
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request consideration for reappointment
to an additional term. Reappointment is
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Typically, AMWG will hold two inperson meetings and one webinar
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meetings, AMWG members are expected
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Members of the AMWG and its
subcommittees serve without pay.
However, while away from their homes
or regular places of business in the
performance of services of the AMWG,
members may be reimbursed for travel
expenses, including per diem in lieu of
subsistence, in the same manner as
persons employed intermittently in the
government service, as authorized by 5
U.S.C. 5703.
Nominations should include a resume
that provides an adequate description of
the nominee’s qualifications,
particularly information that will enable
Interior to evaluate the nominee’s
potential to meet the membership
requirements of the AMWG and permit
Interior to contact a potential member.
Please refer to the membership criteria
stated in this notice.
Any interested person or entity may
nominate one or more qualified
individuals for membership on the
AMWG. Nominations from the seven
basin states, as identified in this notice,
need to be submitted by the respective
Governors of those states, or by a state
representative formally designated by
the Governor. Persons or entities
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17:06 May 21, 2024
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submitting nomination packages on the
behalf of others must confirm that the
individual(s) is/are aware of their
nomination. Nominations must be
postmarked no later than June 21, 2024
and sent to Mr. Daniel Picard, Deputy
Regional Director, U.S. Bureau of
Reclamation, 125 S. State Street, Room
8100, Salt Lake City, UT 84138.
Authority: 5 U.S.C. ch. 10.
Daniel Picard,
Deputy Regional Director, Alternate
Designated Federal Officer, Interior Region
7: Upper Colorado Basin, Bureau of
Reclamation.
[FR Doc. 2024–11210 Filed 5–21–24; 8:45 am]
BILLING CODE 4332–90–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1355]
Certain Compact Wallets and
Components Thereof; Notice of a
Commission Determination To Review
in Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions on
the Issues Under Review and 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 to review
in part the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘ID’’) finding a violation
of section 337 in the above-captioned
investigation. The Commission requests
written submissions from the parties on
the issues under review and
submissions from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
public interest, and bonding under the
schedule set forth below.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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
SUMMARY:
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that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on March 15, 2023, based on a
complaint filed by The Ridge Wallet,
LLC of Santa Monica, California
(‘‘Ridge’’ or ‘‘Complainant’’). 88 FR
16030–031 (Mar. 15, 2023). The
complaint, as supplemented, 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 compact wallets
and components thereof by reason of
trade dress infringement and
infringement of claims 1–4, 9, and 12–
17 of U.S. Patent No. 10,791,808 (‘‘the
’808 patent’’). Id. The Commission’s
notice of investigation named Rosemar
Enterprises LLC d/b/a RossM Wallet of
Palm Springs, California (‘‘RossM’’);
INSGG of Hangzhou City, Zhejiang
Province, China; Mosaic Brands, Inc. of
Alamo, California (‘‘Mosaic’’); Shenzhen
Swztech Co., Ltd. d/b/a SWZA
(‘‘SWZA’’) of Shenzhen, Guangdong,
China; and Shenzhen Pincan
Technology Co., Ltd. d/b/a ARW-Wallet
(‘‘ARW’’) of Shenzhen, Guangdong,
China as respondents. The Office of
Unfair Import Investigations (‘‘OUII’’)
also participated in this investigation.
After institution, Respondents RossM
and INSGG were found in default
(collectively, the ‘‘Defaulting
Respondents’’). See Order No. 12 (Jul.
11, 2023), unreviewed by Comm’n
Notice (Jul. 28, 2023). In addition,
Respondent Mosaic was terminated
from the investigation based on
settlement. See Order No. 16 (Sept. 6,
2023), unreviewed by Comm’n Notice
(Sept. 22, 2023).
Before the evidentiary hearing, the
investigation was terminated as to
Ridge’s trade dress allegations and as to
Ridge’s infringement allegations with
respect to claims 3, 4, 9, 12, 13, 15, 16,
and 17 of the ’808 patent. See Order No.
25 (Oct. 6, 2023), unreviewed by
Comm’n Notice (Nov. 6, 2023).
Only Respondents SWZA and ARW
(collectively, the ‘‘Participating
Respondents’’) participated at the
evidentiary hearing held on November
6–7, 2023. After the hearing, counsel for
the Participating Respondents withdrew
after being ‘‘discharged’’ by the
Participating Respondents. ID at 2
(citing Order No. 30 (Dec. 13, 2023)).
The Participating Respondents did not
file post-hearing briefs. Id. at 3.
On March 15, 2024, the ALJ issued a
combined final ID and recommended
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determination (‘‘RD’’), finding a
violation of section 337 by the
Defaulting Respondents and the
Participating Respondents. Specifically,
the final ID found, inter alia, that the
importation requirement is satisfied as
to the accused products; that the
accused products infringe claims 1, 2,
and 14 of the ’808 patent; that Ridge has
satisfied the domestic industry
requirement with respect to the ’808
patent; and that claims 1, 2, and 14 have
not been shown to be invalid. In
addition, the RD recommended that the
Commission issue a general exclusion
order and a cease and desist order
directed to each of the respondents. The
RD also recommended that the
Commission impose a one-hundred
percent (100%) bond during the period
of Presidential review.
On April 15, 2024, Ridge filed a
statement on public interest pursuant to
Commission Rule 210.50(a)(4), 19 CFR
210.50(a)(4).
No petitions for review were filed,
which means each party has abandoned
all issues decided adversely to that
party. See 19 CFR 210.43(b)(4).
Having reviewed the record of the
investigation, including the final ID, the
parties’ submissions to the ALJ, and the
record evidence, the Commission has
determined to review the ID in part on
its own initiative. 19 CFR 210.44.
Specifically, the Commission has
determined to review the ID’s findings
with respect to jurisdiction and the
economic prong.
In connection with its review, the
Commission requests responses to the
following questions. The parties are
requested to brief their positions with
reference to the applicable law and the
existing evidentiary record.
1. Explain the basis for considering
investments prior to the issuance of a
patent (pre-issuance investments) for
purposes of a domestic industry under
19 U.S.C. 1337(a)(3)(A) and (B). How do
the Federal Circuit’s cases holding that
there is an ‘‘articles’’ requirement for all
subparagraphs (A)–(C) of section
337(a)(3) affect the Commission’s
reasoning in Video Game Systems
crediting engineering and research and
development investments that predate
the issuance of a patent under certain
circumstances? See Certain Video Game
Systems and Controllers, Inv. No. 337–
TA–743, Comm’n Op., 2011 WL
1523774, at *4 (Apr. 14, 2011); Motiva,
LLC v. ITC, 716 F.3d 596, 600–601 (Fed.
Cir. 2013) (citing Interdigital Commc’ns,
LLC v. ITC, 707 F.3d 1295, 1297–98
(Fed. Cir. 2013) (‘‘[J]ust as the ‘‘plant or
equipment’’ referred to in subparagraph
(A) must exist with respect to articles
protected by the patent, such as by
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17:06 May 21, 2024
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producing protected goods, the research
and development or licensing activities
referred to in subparagraph (C) must
also exist with respect to articles
protected by the patent, such as by
licensing protected products.’’)).
2. Regardless of pre- or post-issuance
status of investments, how far back in
time should the Commission look to in
determining whether a domestic
industry exists in a section 337
investigation? What factors should the
Commission consider in determining
the timeframe over which investments
may be counted towards a domestic
industry analysis?
3. As of the filing of the complaint,
how many full-time equivalent (FTE)
employees were employed by
Complainant in the ‘‘design and
development team’’ working on product
research, design, development, and/or
engineering work related to the
domestic industry products?
4. Provide any information in the
record about foreign labor expenditures
associated with the manufacturing of
the domestic industry products for the
time period Aug. 2016–Feb. 2023, and
also for the narrower post-issuance time
period Oct. 2020–Feb. 2023.
5. Provide any information in the
record about foreign capital
expenditures associated with the
manufacturing of the domestic industry
products for the time period Aug. 2016–
Feb. 2023, and also for the narrower
post-issuance time period Oct. 2020–
Feb. 2023.
6. Provide any information in the
record about foreign plant and
equipment expenditures associated with
the manufacturing of the domestic
industry products for the time period
Aug. 2016–Feb. 2023, and also for the
narrower post-issuance time period Oct.
2020–Feb. 2023.
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
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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: The parties to
the investigation are requested to file
written submissions on the issues
identified in this notice. 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 ALJ
on remedy 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 state the date that the
Asserted Patent expires, 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 May 30, 2024.
Reply submissions must be filed no later
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than the close of business on June 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–1355) 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.
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 May 16,
2024.
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17:06 May 21, 2024
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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).
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).
By order of the Commission.
Issued: May 16, 2024.
Lisa Barton,
Secretary to the Commission.
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
By order of the Commission.
Issued: May 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2024–11366 Filed 5–20–24; 4:15 pm]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1362]
Certain Liquid Transfer Devices With
an Integral Vial Adapter; Notice of a
Commission Determination To Review
in Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions on
Issues Under Review and on Remedy,
the Public Interest, and Bonding
[FR Doc. 2024–11186 Filed 5–21–24; 8:45 am]
U.S. International Trade
Commission.
ACTION: Notice.
BILLING CODE 7020–02–P
SUMMARY:
AGENCY:
INTERNATIONAL TRADE
COMMISSION
[USITC SE–24–022]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: May 31, 2024 at 11:00
a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Commission vote on Inv. Nos. 701–
TA–720 and 731–TA–1688
(Preliminary)(Ceramic Tile from
India). The Commission currently is
scheduled to complete and file its
determinations on June 3, 2024; views
of the Commission currently are
scheduled to be completed and filed
on June 10, 2024.
5. Outstanding action jackets: none.
CONTACT PERSON FOR MORE INFORMATION:
Sharon Bellamy, Supervisory Hearings
and Information Officer, 202–205–2000.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
AGENCY HOLDING THE MEETING:
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Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to review in part a final
initial determination (‘‘Final ID’’) issued
by the presiding chief administrative
law judge (‘‘CALJ’’) finding a violation
of section 337. The Commission
requests written submissions from the
parties on the issue(s) under review and
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:
Edward S. Jou, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3316. 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: The
Commission instituted this investigation
on May 11, 2023, based on a complaint,
E:\FR\FM\22MYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45010-45012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11186]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1355]
Certain Compact Wallets and Components Thereof; Notice of a
Commission Determination To Review in Part a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions on the Issues Under Review and 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 to review in part the presiding
administrative law judge's (``ALJ'') final initial determination
(``ID'') finding a violation of section 337 in the above-captioned
investigation. The Commission requests written submissions from the
parties on the issues under review and submissions from the parties,
interested government agencies, and interested persons on the issues of
remedy, the public interest, and bonding under the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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: The Commission instituted this investigation
on March 15, 2023, based on a complaint filed by The Ridge Wallet, LLC
of Santa Monica, California (``Ridge'' or ``Complainant''). 88 FR
16030-031 (Mar. 15, 2023). The complaint, as supplemented, 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 compact wallets and components thereof by reason of trade dress
infringement and infringement of claims 1-4, 9, and 12-17 of U.S.
Patent No. 10,791,808 (``the '808 patent''). Id. The Commission's
notice of investigation named Rosemar Enterprises LLC d/b/a RossM
Wallet of Palm Springs, California (``RossM''); INSGG of Hangzhou City,
Zhejiang Province, China; Mosaic Brands, Inc. of Alamo, California
(``Mosaic''); Shenzhen Swztech Co., Ltd. d/b/a SWZA (``SWZA'') of
Shenzhen, Guangdong, China; and Shenzhen Pincan Technology Co., Ltd. d/
b/a ARW-Wallet (``ARW'') of Shenzhen, Guangdong, China as respondents.
The Office of Unfair Import Investigations (``OUII'') also participated
in this investigation.
After institution, Respondents RossM and INSGG were found in
default (collectively, the ``Defaulting Respondents''). See Order No.
12 (Jul. 11, 2023), unreviewed by Comm'n Notice (Jul. 28, 2023). In
addition, Respondent Mosaic was terminated from the investigation based
on settlement. See Order No. 16 (Sept. 6, 2023), unreviewed by Comm'n
Notice (Sept. 22, 2023).
Before the evidentiary hearing, the investigation was terminated as
to Ridge's trade dress allegations and as to Ridge's infringement
allegations with respect to claims 3, 4, 9, 12, 13, 15, 16, and 17 of
the '808 patent. See Order No. 25 (Oct. 6, 2023), unreviewed by Comm'n
Notice (Nov. 6, 2023).
Only Respondents SWZA and ARW (collectively, the ``Participating
Respondents'') participated at the evidentiary hearing held on November
6-7, 2023. After the hearing, counsel for the Participating Respondents
withdrew after being ``discharged'' by the Participating Respondents.
ID at 2 (citing Order No. 30 (Dec. 13, 2023)). The Participating
Respondents did not file post-hearing briefs. Id. at 3.
On March 15, 2024, the ALJ issued a combined final ID and
recommended
[[Page 45011]]
determination (``RD''), finding a violation of section 337 by the
Defaulting Respondents and the Participating Respondents. Specifically,
the final ID found, inter alia, that the importation requirement is
satisfied as to the accused products; that the accused products
infringe claims 1, 2, and 14 of the '808 patent; that Ridge has
satisfied the domestic industry requirement with respect to the '808
patent; and that claims 1, 2, and 14 have not been shown to be invalid.
In addition, the RD recommended that the Commission issue a general
exclusion order and a cease and desist order directed to each of the
respondents. The RD also recommended that the Commission impose a one-
hundred percent (100%) bond during the period of Presidential review.
On April 15, 2024, Ridge filed a statement on public interest
pursuant to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).
No petitions for review were filed, which means each party has
abandoned all issues decided adversely to that party. See 19 CFR
210.43(b)(4).
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, and the record evidence,
the Commission has determined to review the ID in part on its own
initiative. 19 CFR 210.44. Specifically, the Commission has determined
to review the ID's findings with respect to jurisdiction and the
economic prong.
In connection with its review, the Commission requests responses to
the following questions. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
1. Explain the basis for considering investments prior to the
issuance of a patent (pre-issuance investments) for purposes of a
domestic industry under 19 U.S.C. 1337(a)(3)(A) and (B). How do the
Federal Circuit's cases holding that there is an ``articles''
requirement for all subparagraphs (A)-(C) of section 337(a)(3) affect
the Commission's reasoning in Video Game Systems crediting engineering
and research and development investments that predate the issuance of a
patent under certain circumstances? See Certain Video Game Systems and
Controllers, Inv. No. 337-TA-743, Comm'n Op., 2011 WL 1523774, at *4
(Apr. 14, 2011); Motiva, LLC v. ITC, 716 F.3d 596, 600-601 (Fed. Cir.
2013) (citing Interdigital Commc'ns, LLC v. ITC, 707 F.3d 1295, 1297-98
(Fed. Cir. 2013) (``[J]ust as the ``plant or equipment'' referred to in
subparagraph (A) must exist with respect to articles protected by the
patent, such as by producing protected goods, the research and
development or licensing activities referred to in subparagraph (C)
must also exist with respect to articles protected by the patent, such
as by licensing protected products.'')).
2. Regardless of pre- or post-issuance status of investments, how
far back in time should the Commission look to in determining whether a
domestic industry exists in a section 337 investigation? What factors
should the Commission consider in determining the timeframe over which
investments may be counted towards a domestic industry analysis?
3. As of the filing of the complaint, how many full-time equivalent
(FTE) employees were employed by Complainant in the ``design and
development team'' working on product research, design, development,
and/or engineering work related to the domestic industry products?
4. Provide any information in the record about foreign labor
expenditures associated with the manufacturing of the domestic industry
products for the time period Aug. 2016-Feb. 2023, and also for the
narrower post-issuance time period Oct. 2020-Feb. 2023.
5. Provide any information in the record about foreign capital
expenditures associated with the manufacturing of the domestic industry
products for the time period Aug. 2016-Feb. 2023, and also for the
narrower post-issuance time period Oct. 2020-Feb. 2023.
6. Provide any information in the record about foreign plant and
equipment expenditures associated with the manufacturing of the
domestic industry products for the time period Aug. 2016-Feb. 2023, and
also for the narrower post-issuance time period Oct. 2020-Feb. 2023.
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: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
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 ALJ on
remedy 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 state the date that the Asserted
Patent expires, 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 May 30, 2024.
Reply submissions must be filed no later
[[Page 45012]]
than the close of business on June 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-1355) 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. 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 May 16,
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).
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).
By order of the Commission.
Issued: May 16, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-11186 Filed 5-21-24; 8:45 am]
BILLING CODE 7020-02-P
