80 FR 68876 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 215 (November 6, 2015)
Federal Register Volume 80, Issue 215 (November 6, 2015)
| Page Range | 68876-68877 | |
| FR Document | 2015-28329 |
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)] [Notices] [Pages 68876-68877] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28329] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Wearable Activity Tracking Devices, Systems, and Components Thereof, DN 3096; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)). FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ 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. --------------------------------------------------------------------------- \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov. --------------------------------------------------------------------------- General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.\2\ The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. --------------------------------------------------------------------------- \2\ United States International Trade Commission (USITC): http://edis.usitc.gov. \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Fitbit, Inc. on November 2, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wearable activity [[Page 68877]] tracking devices, systems, and components thereof. The complaint names as respondents AliphCom d/b/a Jawbone of San Francisco, CA and BodyMedia, Inc. of Pittsburgh, PA. The complainant requests that the Commission issue a limited exclusion order and a cease and desist order. Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation 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 requested remedial orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the requested remedial 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 requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. 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 docket number (``Docket No. 3096'') in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures \4\). Persons with questions regarding filing should contact the Secretary (202-205-2000). --------------------------------------------------------------------------- \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. --------------------------------------------------------------------------- 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. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.\5\ --------------------------------------------------------------------------- \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov. --------------------------------------------------------------------------- This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: November 2, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-28329 Filed 11-5-15; 8:45 am] BILLING CODE 7020-02-P
![68876 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
SUPPLEMENTARY INFORMATION: The NEW JERSEY INTERNATIONAL TRADE
properties listed in this notice are being Camden County COMMISSION
considered for listing or related actions
Cooper Grant Historic District (Boundary
in the National Register of Historic Notice of Receipt of Complaint;
Increase), 300 N. Delaware Ave., Camden,
Places. Nominations for their 15000850 Solicitation of Comments Relating to
consideration were received by the the Public Interest
NEW MEXICO
National Park Service before October 17, AGENCY: U.S. International Trade
2015. Pursuant to section 60.13 of 36 Santa Fe County Commission.
CFR part 60, written comments are Petroglyph Hill, (Ancestral Puebloan and ACTION: Notice.
being accepted concerning the Spanish Colonial Landscapes in the
significance of the nominated properties Greater Galisteo Basin MPS) Address SUMMARY: Notice is hereby given that
under the National Register criteria for Restricted, Galisteo, 15000851 the U.S. International Trade
evaluation. NEW YORK Commission has received a complaint
Before including your address, phone entitled Certain Wearable Activity
Lewis County
number, email address, or other Tracking Devices, Systems, and
Beaver Falls Grange Hall No. 554, 9577 Main Components Thereof, DN 3096; the
personal identifying information in your St., Beaver Falls, 15000852
comment, you should be aware that Commission is soliciting comments on
your entire comment—including your Schenectady County any public interest issues raised by the
personal identifying information—may St. Columba School, 400 Craig St., complaint or complainant’s filing under
be made publicly available at any time. Schenectady, 15000853 section 210.8(b) of the Commission’s
While you can ask us in your comment Young Men’s Christian Association of Rules of Practice and Procedure (19 CFR
Schenectady, 9–13 State St., Schenectady, 210.8(b)).
to withhold your personal identifying 15000854
information from public review, we FOR FURTHER INFORMATION CONTACT: Lisa
cannot guarantee that we will be able to Schoharie County R. Barton, Secretary to the Commission,
do so. Miers, Jacob T., House, 103 Knower Ave., U.S. International Trade Commission,
Schoharie, 15000857 500 E Street SW., Washington, DC
ALASKA 20436, telephone (202) 205–2000. The
PUERTO RICO
Anchorage Borough-Census Area public version of the complaint can be
Naguabo Municipality accessed on the Commission’s
Wireless Station, The, 124, 132, 140 E. Manor
Ave., Anchorage, 15000843 Icacos Petroglyph Group, (Prehistoric Rock Electronic Document Information
Art of Puerto Rico MPS) Address System (EDIS) at EDIS,1 and will be
DELAWARE Restricted, Naguabo, 15000855 available for inspection during official
Sussex County WYOMING business hours (8:45 a.m. to 5:15 p.m.)
in the Office of the Secretary, U.S.
Evans—West House, 40 West Ave., Ocean Natrona County International Trade Commission, 500 E
View, 15000844 Turner—Cottman Building, 120–130 W. 2nd Street SW., Washington, DC 20436,
DISTRICT OF COLUMBIA St., Casper, 15000856 telephone (202) 205–2000.
Sweetwater County General information concerning the
District of Columbia Commission may also be obtained by
Bairoil Town Hall, 505 Antelope Dr., Bairoil
U.S. Department of Agriculture Dr., 15000858 accessing its Internet server at United
Administration Building (Boundary States International Trade Commission
A request to move has been received
Increase and Additional Documentation), (USITC) at USITC.2 The public record
12th St. & Jefferson Dr., SW., Washington,
for the following resources:
for this investigation may be viewed on
15000845 COLORADO the Commission’s Electronic Document
GUAM El Paso County
Information System (EDIS) at EDIS.3
Hearing-impaired persons are advised
Guam County Rio Grande Engine No. 168, 9 S. Sierra
that information on this matter can be
Madre, Colorado Springs, 79000601
U.S. Naval Cemetery, Marine Corps Dr., obtained by contacting the
Hagatna, 15000846 MINNESOTA Commission’s TDD terminal on (202)
Washington County 205–1810.
HAWAII
Bergstein, Moritz, Shoddy Mill and SUPPLEMENTARY INFORMATION: The
Honolulu County Commission has received a complaint
Warehouse, 6046 Stagecoach Rd., Oak Park
Guard, J.B., House, 305A Portlock Rd., Heights, 08000133 and a submission pursuant to section
Honolulu, 15000847 A request for removal has been 210.8(b) of the Commission’s Rules of
received for the following resource: Practice and Procedure filed on behalf
LOUISIANA
of Fitbit, Inc. on November 2, 2015. The
East Baton Rouge Parish WYOMING complaint alleges violations of section
Union Federal Savings and Loan Association, Laramie County 337 of the Tariff Act of 1930 (19 U.S.C.
(Architecture of A. Hays Town in Corlett School, 600 W. 22nd St., Cheyenne,
1337) in the importation into the United
Louisiana MPS) 500 Laurel St., Baton 05000702 States, the sale for importation, and the
sale within the United States after
mstockstill on DSK4VPTVN1PROD with NOTICES
Rouge, 15000848
Authority: 60.13 of 36 CFR part 60
importation of certain wearable activity
MINNESOTA Dated: October 20, 2015.
Hennepin County J. Paul Loether, 1 Electronic Document Information System
Chief, National Register of Historic Places/ (EDIS): http://edis.usitc.gov.
Schmid Farmhouse Ruin, (Minnesota’s 2 United States International Trade Commission
Nineteenth-Century Masonry Ruins MPS) National Historic Landmarks Program.
(USITC): http://edis.usitc.gov.
.38 mi. NE. of jct. of Cty Rd. 44 and CSAH [FR Doc. 2015–28295 Filed 11–5–15; 8:45 am] 3 Electronic Document Information System
7, Minnetrista, 15000849 BILLING CODE 4312–51–P (EDIS): http://edis.usitc.gov.
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![Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 68877
tracking devices, systems, and 210.4(f)). Submissions should refer to and components thereof by reason of
components thereof. The complaint the docket number (‘‘Docket No. 3096’’) infringement of certain claims of U.S.
names as respondents AliphCom d/b/a in a prominent place on the cover page Patent No. 9,113,703 (‘‘the ’703 patent’’).
Jawbone of San Francisco, CA and and/or the first page. (See Handbook for The complaint further alleges that an
BodyMedia, Inc. of Pittsburgh, PA. The Electronic Filing Procedures, Electronic industry in the United States exists or
complainant requests that the Filing Procedures 4). Persons with is in the process of being established as
Commission issue a limited exclusion questions regarding filing should required by subsection (a)(2) of section
order and a cease and desist order. contact the Secretary (202–205–2000). 337.
Proposed respondents, other Any person desiring to submit a The complainant requests that the
interested parties, and members of the document to the Commission in Commission institute an investigation
public are invited to file comments, not confidence must request confidential and, after the investigation, issue a
to exceed five (5) pages in length, treatment. All such requests should be limited exclusion order and a cease and
inclusive of attachments, on any public directed to the Secretary to the desist order.
interest issues raised by the complaint Commission and must include a full ADDRESSES: The complaint, except for
or section 210.8(b) filing. Comments statement of the reasons why the any confidential information contained
should address whether issuance of the Commission should grant such therein, is available for inspection
relief specifically requested by the treatment. See 19 CFR 201.6. Documents during official business hours (8:45 a.m.
complainant in this investigation would for which confidential treatment by the to 5:15 p.m.) in the Office of the
affect the public health and welfare in Commission is properly sought will be Secretary, U.S. International Trade
the United States, competitive treated accordingly. All nonconfidential Commission, 500 E Street SW., Room
conditions in the United States written submissions will be available for 112, Washington, DC 20436, telephone
economy, the production of like or public inspection at the Office of the (202) 205–2000. Hearing impaired
directly competitive articles in the Secretary and on EDIS.5 individuals are advised that information
United States, or United States This action is taken under the on this matter can be obtained by
consumers. authority of section 337 of the Tariff Act contacting the Commission’s TDD
In particular, the Commission is of 1930, as amended (19 U.S.C. 1337), terminal on (202) 205–1810. Persons
interested in comments that: and of sections 201.10 and 210.8(c) of
(i) Explain how the articles with mobility impairments who will
the Commission’s Rules of Practice and need special assistance in gaining access
potentially subject to the requested Procedure (19 CFR 201.10, 210.8(c)).
remedial orders are used in the United to the Commission should contact the
By order of the Commission. Office of the Secretary at (202) 205–
States; Issued: November 2, 2015.
(ii) Identify any public health, safety, 2000. General information concerning
or welfare concerns in the United States Lisa R. Barton, the Commission may also be obtained
relating to the requested remedial Secretary to the Commission. by accessing its internet server at http://
orders; [FR Doc. 2015–28329 Filed 11–5–15; 8:45 am] www.usitc.gov. The public record for
(iii) Identify like or directly BILLING CODE 7020–02–P this investigation may be viewed on the
competitive articles that complainant, Commission’s electronic docket (EDIS)
its licensees, or third parties make in the at http://edis.usitc.gov.
United States which could replace the INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: The
subject articles if they were to be COMMISSION Office of Unfair Import Investigations,
excluded; [Investigation No. 337–TA–970] U.S. International Trade Commission,
(iv) Indicate whether complainant, telephone (202) 205–2560.
complainant’s licensees, and/or third Certain Height-Adjustable Desk Authority: The authority for institution of
party suppliers have the capacity to Platforms and Components Thereof; this investigation is contained in section 337
replace the volume of articles Institution of Investigation of the Tariff Act of 1930, as amended, and
potentially subject to the requested in section 210.10 of the Commission’s Rules
exclusion order and/or a cease and AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10
desist order within a commercially Commission. (2015).
reasonable time; and ACTION: Notice.
(v) Explain how the requested Scope of Investigation: Having
remedial orders would impact United SUMMARY: Notice is hereby given that a considered the complaint, the U.S.
States consumers. complaint was filed with the U.S. International Trade Commission, on
Written submissions must be filed no International Trade Commission on October 30, 2015, ordered that—
later than by close of business, eight October 2, 2015, under section 337 of (1) Pursuant to subsection (b) of
calendar days after the date of the Tariff Act of 1930, as amended, 19 section 337 of the Tariff Act of 1930, as
publication of this notice in the Federal U.S.C. 1337, on behalf of Varidesk LLC amended, an investigation be instituted
Register. There will be further of Coppell, Texas. A supplement to the to determine whether there is a
opportunities for comment on the complaint was filed on October 26, violation of subsection (a)(1)(B) of
public interest after the issuance of any 2015. The complaint alleges violations section 337 in the importation into the
final initial determination in this of section 337 based upon the United States, the sale for importation,
investigation. importation into the United States, the or the sale within the United States after
sale for importation, and the sale within
mstockstill on DSK4VPTVN1PROD with NOTICES
Persons filing written submissions importation of certain height-adjustable
must file the original document the United States after importation of desk platforms and components thereof
electronically on or before the deadlines certain height-adjustable desk platforms by reason of infringement of one or
stated above and submit 8 true paper more of claims 1–4, 6, and 9–11 of the
4 Handbook for Electronic Filing Procedures:
copies to the Office of the Secretary by ’703 patent, and whether an industry in
http://www.usitc.gov/secretary/fed_reg_notices/
noon the next day pursuant to section rules/handbook_on_electronic_filing.pdf. the United States exists or is in the
210.4(f) of the Commission’s Rules of 5 Electronic Document Information System process of being established as required
Practice and Procedure (19 CFR (EDIS): http://edis.usitc.gov. by subsection (a)(2) of section 337;
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Document Created: 2015-12-14 15:09:05
Document Modified: 2015-12-14 15:09:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ 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. | |
| FR Citation | 80 FR 68876 |
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