84 FR 27804 - Certain Digital Video Receivers and Related Hardware and Software Components; Notice of Request for Statements on the Public Interest

Notice is hereby given that the presiding administrative law judge has issued an Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order and cease and desist orders. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27804-27805]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-12522]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1103]


Certain Digital Video Receivers and Related Hardware and Software 
Components; Notice of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge has issued an Initial Determination on Violation of Section 337 
and Recommended Determination on Remedy and Bond in the above-captioned 
investigation. The Commission is soliciting comments on public interest 
issues raised by the recommended relief, specifically a limited 
exclusion order and cease and desist orders. This notice is soliciting

[[Page 27805]]

public interest comments from the public only. Parties are to file 
public interest submissions pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. The public version 
of the complaint can be accessed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov, and will be available for inspection 
during official business hours (8:45 a.m. to 5:15 p.m.) in the Office 
of the Secretary, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000.
    General information concerning the Commission may also be obtained 
by accessing its internet server (https://www.usitc.gov). The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.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).
    On June 4, 2019, the administrative law judge (``ALJ'') issued the 
Initial Determination on Violation of Section 337 and Recommended 
Determination on Remedy and Bond. The Recommended Determination 
recommends that the Commission issue a limited exclusion order as to 
the infringing set-top boxes, subject to a certification provision that 
would allow importation should Comcast implement the redesigns 
adjudicated not to infringe. The ALJ also recommended the issuance of 
cease and desist orders, and further recommended zero bond during the 
Presidential review period.
    The Commission is interested in further development of the record 
on the public interest in these investigations. Accordingly, parties 
are to file public interest submissions pursuant to pursuant to 19 CFR 
210.50(a)(4). In addition, members of the public are hereby 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. Comments should address whether issuance of 
a limited exclusion order and cease and desist orders in this 
investigation directed to respondents' infringing products 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 
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 exclusion order and/or 
a cease and desist order within a commercially reasonable time; and
    (v) explain how the limited exclusion order and cease and desist 
orders would impact consumers in the United States.
    Written submissions from the public must be filed no later than by 
close of business on July 8, 2019.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1050'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/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. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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).

    Issued: June 7, 2019.

    By order of the Commission.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2019-12522 Filed 6-13-19; 8:45 am]
BILLING CODE 7020-02-P