81 FR 15743 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range		15743-15744
FR Document		2016-06639

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Height-Adjustable Desk Platforms and Components Thereof DN 3127; 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)).

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)

[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15743-15744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06639]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Height-Adjustable 
Desk Platforms and Components Thereof DN 3127; 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.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    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.
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    \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 Varidesk LLC on March 18, 
2016. 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 height-adjustable desk platforms and components 
thereof. The complaint names as respondents Nortek, Inc. of Providence, 
RI; and Ergotron, Inc. of St. Paul, MN. The complainant requests that 
the Commission issue a limited exclusion order and cease and desist 
orders.
    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

[[Page 15744]]

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. 3127'') 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).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    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\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    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: March 18, 2016.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-06639 Filed 3-23-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices 15743

received initial written submissions selling, marketing, advertising, FOR FURTHER INFORMATION CONTACT: Lisa
from ARM, Respondents, and the IA on distributing, transferring (except for R. Barton, Secretary to the Commission,
November 20, 2015, and responsive exportation), soliciting United States U.S. International Trade Commission,
written submissions from ARM, agents or distributors, and aiding or 500 E Street SW., Washington, DC
Respondents, and the IA on December 1, abetting other entities in the 20436, telephone (202) 205–2000. The
2015. No submissions were received importation, sale for importation, sale public version of the complaint can be
from the public. after importation, transfer (except for accessed on the Commission’s
Having examined the record of this exportation), or distribution of beverage Electronic Document Information
investigation, including the ALJ’s final brewing capsules, components thereof, System (EDIS) at EDIS,1 and will be
ID, the petitions, responses, and other and products containing same that available for inspection during official
submissions from the parties, the infringe one or more of claims 8 and 19 business hours (8:45 a.m. to 5:15 p.m.)
Commission has determined that ARM of the ’320 patent. The Commission has in the Office of the Secretary, U.S.
has not proven a violation of section 337 further determined that the public International Trade Commission, 500 E
by Solofill and DongGuan. Specifically, interest factors enumerated in section Street SW., Washington, DC 20436,
the Commission has determined to 337(g)(1) (19 U.S.C. § 1337(g)(1)) do not telephone (202) 205–2000.
modify the ID’s construction of ‘‘a preclude the issuance of the remedial General information concerning the
needle-like structure, disposed below orders. Finally, the Commission has Commission may also be obtained by
the base,’’ and, under the modified determined that the bond during the accessing its Internet server at United
construction, affirms under modified period of Presidential review shall be in States International Trade Commission
reasoning the ID’s findings on the amount of 100 percent of the entered (USITC) at USITC.2 The public record
infringement and the technical prong of value of the imported subject articles of for this investigation may be viewed on
the domestic industry requirement. The Eko Brands, Evermuch Technology, and the Commission’s Electronic Document
Commission has also determined to Evermuch Company. The Commission’s Information System (EDIS) at EDIS.3
reverse the ID’s finding that orders were delivered to the President Hearing-impaired persons are advised
Respondents are not liable for and the United States Trade that information on this matter can be
contributory and induced infringement. Representative on the day of their obtained by contacting the
The Commission has further determined issuance. A Commission Opinion Commission’s TDD terminal on (202)
that that claims 5 and 6 of the ’320 concerning the Commission’s finding of 205–1810.
patent are invalid as anticipated by no violation by Solofill or DongGuan SUPPLEMENTARY INFORMATION: The
Beaulieu and that claims 5–7, 18, and 20 will issue shortly. Commission has received a complaint
of the ’320 patent are invalid for a lack The authority for the Commission’s and a submission pursuant to section
of written description (Commissioner determination is contained in section 210.8(b) of the Commission’s Rules of
Kieff dissenting on written description). 337 of the Tariff Act of 1930, as Practice and Procedure filed on behalf
Additionally, the Commission has
amended (19 U.S.C. § 1337), and in Part of Varidesk LLC on March 18, 2016. The
determined that Respondents have not
210 of the Commission’s Rules of complaint alleges violations of section
shown that claims 7, 18, and 20 are
Practice and Procedure (19 CFR part 337 of the Tariff Act of 1930 (19 U.S.C.
invalid as anticipated or that claims 5–
210). 1337) in the importation into the United
7, 18, and 20 are invalid as obvious.
By order of the Commission. States, the sale for importation, and the
Finally, the Commission has determined
to affirm the ID’s findings on the Issued: March 17, 2016. sale within the United States after
economic prong. All other findings in importation of certain height-adjustable
Lisa R. Barton,
the ID that are consistent with the desk platforms and components thereof.
Secretary to the Commission.
Commission’s determinations are The complaint names as respondents
[FR Doc. 2016–06654 Filed 3–23–16; 8:45 am] Nortek, Inc. of Providence, RI; and
affirmed.
The Commission also previously
BILLING CODE 7020–02–P Ergotron, Inc. of St. Paul, MN. The
found the statutory requirements of complainant requests that the
section 337(g)(1) (19 U.S.C. § 1337(g)(1)) Commission issue a limited exclusion
INTERNATIONAL TRADE order and cease and desist orders.
and Commission Rule 210.16(a)(1) (19 COMMISSION
CFR 210.16(a)(1)) met with respect to Proposed respondents, other
Eko Brands, Evermuch Technology, and Notice of Receipt of Complaint; interested parties, and members of the
Evermuch Company, and found these Solicitation of Comments Relating to public are invited to file comments, not
respondents in default. See ALJ Order the Public Interest to exceed five (5) pages in length,
No. 19, unreviewed Notice (May 18, inclusive of attachments, on any public
2015). AGENCY: U.S. International Trade interest issues raised by the complaint
The Commission has determined that Commission. or section 210.8(b) filing. Comments
the appropriate form of relief in this ACTION: Notice. should address whether issuance of the
investigation is: (1) A limited exclusion relief specifically requested by the
order prohibiting the unlicensed entry SUMMARY: Notice is hereby given that complainant in this investigation would
of beverage brewing capsules, the U.S. International Trade affect the public health and welfare in
components thereof, and products Commission has received a complaint the United States, competitive
containing same that are manufactured entitled Certain Height-Adjustable Desk conditions in the United States
asabaliauskas on DSK3SPTVN1PROD with NOTICES

abroad by or on behalf of, or imported Platforms and Components Thereof DN economy, the production of like or
by or on behalf of, Eko Brands, 3127; the Commission is soliciting directly competitive articles in the
Evermuch Technology, or Evermuch comments on any public interest issues
1 Electronic Document Information System
Company, that infringe one or more of raised by the complaint or
(EDIS): http://edis.usitc.gov.
claims 8 and 19 of the ’320 patent; (2) complainant’s filing under section 2 United States International Trade Commission
cease and desist orders prohibiting Eko 210.8(b) of the Commission’s Rules of (USITC): http://edis.usitc.gov.
Brands, Evermuch Technology, and Practice and Procedure (19 CFR 3 Electronic Document Information System

Evermuch Company from importing, 210.8(b)). (EDIS): http://edis.usitc.gov.

VerDate Sep<11>2014 17:44 Mar 23, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1

Document Created: 2016-03-24 00:57:26
Document Modified: 2016-03-24 00:57:26

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		81 FR 15743