81 FR 29306 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 91 (May 11, 2016)
Federal Register Volume 81, Issue 91 (May 11, 2016)
| Page Range | 29306-29307 | |
| FR Document | 2016-11006 |
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)] [Notices] [Pages 29306-29307] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11006] ----------------------------------------------------------------------- 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 Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, DN 3145; 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 Aspen Aerogels, Inc. on May 5, 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 composite aerogel insulation materials and methods for manufacturing the same. The complaint names as respondents Nano Tech Co., Ltd. of China; and Guangdong Alison Hi-Tech Co., Ltd. of China. The complainant requests that the Commission issue a general exclusion order, cease and desist orders and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). 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 [[Page 29307]] 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. 3145'') 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: May 5, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-11006 Filed 5-10-16; 8:45 am] BILLING CODE 7020-02-P
![29306 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
subject articles if they were to be Dated: May 6, 2016. of Aspen Aerogels, Inc. on May 5, 2016.
excluded; Lisa R. Barton, The complaint alleges violations of
(iv) indicate whether complainant, Secretary to the Commission. section 337 of the Tariff Act of 1930 (19
complainant’s licensees, and/or third [FR Doc. 2016–11063 Filed 5–10–16; 8:45 am] U.S.C. 1337) in the importation into the
party suppliers have the capacity to BILLING CODE 7020–02–P United States, the sale for importation,
replace the volume of articles and the sale within the United States
potentially subject to the requested after importation of certain composite
exclusion order and/or a cease and INTERNATIONAL TRADE aerogel insulation materials and
COMMISSION methods for manufacturing the same.
desist order within a commercially
The complaint names as respondents
reasonable time; and Notice of Receipt of Complaint; Nano Tech Co., Ltd. of China; and
(v) explain how the requested Solicitation of Comments Relating to Guangdong Alison Hi-Tech Co., Ltd. of
remedial orders would impact United the Public Interest China. The complainant requests that
States consumers. the Commission issue a general
AGENCY: U.S. International Trade
Written submissions must be filed no exclusion order, cease and desist orders
Commission.
later than by close of business, eight and impose a bond upon respondents’
ACTION: Notice.
calendar days after the date of alleged infringing articles during the 60-
publication of this notice in the Federal SUMMARY: Notice is hereby given that day Presidential review period pursuant
Register. There will be further the U.S. International Trade to 19 U.S.C. 1337(j).
opportunities for comment on the Commission has received a complaint Proposed respondents, other
public interest after the issuance of any entitled Certain Composite Aerogel interested parties, and members of the
final initial determination in this Insulation Materials and Methods for public are invited to file comments, not
investigation. Manufacturing the Same, DN 3145; the to exceed five (5) pages in length,
Commission is soliciting comments on inclusive of attachments, on any public
Persons filing written submissions interest issues raised by the complaint
any public interest issues raised by the
must file the original document or section 210.8(b) filing. Comments
complaint or complainant’s filing under
electronically on or before the deadlines should address whether issuance of the
section 210.8(b) of the Commission’s
stated above and submit 8 true paper relief specifically requested by the
Rules of Practice and Procedure (19 CFR
copies to the Office of the Secretary by complainant in this investigation would
210.8(b)).
noon the next day pursuant to section affect the public health and welfare in
FOR FURTHER INFORMATION CONTACT: Lisa
210.4(f) of the Commission’s Rules of the United States, competitive
R. Barton, Secretary to the Commission,
Practice and Procedure (19 CFR conditions in the United States
U.S. International Trade Commission,
210.4(f)). Submissions should refer to economy, the production of like or
500 E Street SW., Washington, DC
the docket number (‘‘Docket No. 3146’’) directly competitive articles in the
20436, telephone (202) 205–2000. The
in a prominent place on the cover page United States, or United States
public version of the complaint can be
and/or the first page. (See Handbook for accessed on the Commission’s consumers.
Electronic Filing Procedures, Electronic Electronic Document Information In particular, the Commission is
Filing Procedures 4). Persons with System (EDIS) at EDIS,1 and will be interested in comments that:
questions regarding filing should available for inspection during official (i) Explain how the articles
contact the Secretary (202–205–2000). business hours (8:45 a.m. to 5:15 p.m.) potentially subject to the requested
Any person desiring to submit a in the Office of the Secretary, U.S. remedial orders are used in the United
document to the Commission in International Trade Commission, 500 E States;
confidence must request confidential (ii) identify any public health, safety,
Street SW., Washington, DC 20436,
treatment. All such requests should be or welfare concerns in the United States
telephone (202) 205–2000.
General information concerning the relating to the requested remedial
directed to the Secretary to the
Commission may also be obtained by orders;
Commission and must include a full
(iii) identify like or directly
statement of the reasons why the accessing its Internet server at United
competitive articles that complainant,
Commission should grant such States International Trade Commission
its licensees, or third parties make in the
treatment. See 19 CFR 201.6. Documents (USITC) at USITC.2 The public record
United States which could replace the
for which confidential treatment by the for this investigation may be viewed on
subject articles if they were to be
Commission is properly sought will be the Commission’s Electronic Document
excluded;
treated accordingly. All nonconfidential Information System (EDIS) at EDIS.3 (iv) indicate whether complainant,
written submissions will be available for Hearing-impaired persons are advised complainant’s licensees, and/or third
public inspection at the Office of the that information on this matter can be party suppliers have the capacity to
Secretary and on EDIS.5 obtained by contacting the replace the volume of articles
Commission’s TDD terminal on (202) potentially subject to the requested
This action is taken under the
205–1810. exclusion order and/or a cease and
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337), SUPPLEMENTARY INFORMATION: The desist order within a commercially
and of sections 201.10 and 210.8(c) of Commission has received a complaint reasonable time; and
the Commission’s Rules of Practice and and a submission pursuant to section (v) explain how the requested
210.8(b) of the Commission’s Rules of remedial orders would impact United
mstockstill on DSK3G9T082PROD with NOTICES
Procedure (19 CFR 201.10, 210.8(c)).
Practice and Procedure filed on behalf States consumers.
By order of the Commission. Written submissions must be filed no
1 Electronic Document Information System
later than by close of business, eight
4 Handbook for Electronic Filing Procedures: (EDIS): http://edis.usitc.gov.
calendar days after the date of
http://www.usitc.gov/secretary/fed_reg_notices/ 2 United States International Trade Commission
rules/handbook_on_electronic_filing.pdf. (USITC): http://edis.usitc.gov. publication of this notice in the Federal
5 Electronic Document Information System 3 Electronic Document Information System Register. There will be further
(EDIS): http://edis.usitc.gov (EDIS): http://edis.usitc.gov. opportunities for comment on the
VerDate Sep<11>2014 17:20 May 10, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1](https://thefederalregister.org/doc/81_FR_29397/page/1.svg)
![Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices 29307
public interest after the issuance of any March 24, 2016, under section 337 of to determine whether there is a
final initial determination in this the Tariff Act of 1930, as amended, 19 violation of subsection (a)(1)(B) of
investigation. U.S.C. 1337, on behalf of Creative section 337 in the importation into the
Persons filing written submissions Technology Ltd. of Singapore and United States, the sale for importation,
must file the original document Creative Labs, Inc. of Milpitas, or the sale within the United States after
electronically on or before the deadlines California. A supplement was filed on importation of certain portable
stated above and submit 8 true paper April 13, 2016. The complaint, as electronic devices and components
copies to the Office of the Secretary by supplemented, alleges violations of thereof by reason of infringement of one
noon the next day pursuant to section section 337 based upon the importation or more of claims 2, 3, 5, 7, and 17–28
210.4(f) of the Commission’s Rules of into the United States, the sale for of the ’433 patent, and whether an
Practice and Procedure (19 CFR importation, and the sale within the industry in the United States exists as
210.4(f)). Submissions should refer to United States after importation of required by subsection (a)(2) of section
the docket number (‘‘Docket No. 3145’’) certain portable electronic devices and 337;
in a prominent place on the cover page components thereof by reason of (2) Pursuant to Commission Rule
and/or the first page. (See Handbook for infringement of certain claims of U.S. 210.50(b)(1), 19 CFR 210.50(b)(1), the
Electronic Filing Procedures, Electronic Patent No. 6,928,433 (‘‘the ’433 patent’’). presiding Administrative Law Judge
Filing Procedures 4). Persons with The complaint further alleges that an shall take evidence or other information
questions regarding filing should industry in the United States exists as and hear arguments from the parties or
contact the Secretary (202–205–2000). required by subsection (a)(2) of section other interested persons with respect to
Any person desiring to submit a 337. the public interest in this investigation,
document to the Commission in The complainants request that the as appropriate, and provide the
confidence must request confidential Commission institute an investigation Commission with findings of fact and a
treatment. All such requests should be and, after the investigation, issue a recommended determination on this
directed to the Secretary to the limited exclusion order and cease and issue, which shall be limited to the
Commission and must include a full desist orders. statutory public interest factors set forth
statement of the reasons why the ADDRESSES: The complaint, as
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
Commission should grant such (3) Notwithstanding any Commission
supplemented, except for any
treatment. See 19 CFR 201.6. Documents Rules that would otherwise apply, the
confidential information contained
for which confidential treatment by the presiding Administrative Law Judge
therein, is available for inspection shall hold an early evidentiary hearing,
Commission is properly sought will be during official business hours (8:45 a.m.
treated accordingly. All nonconfidential find facts, and issue an early decision,
to 5:15 p.m.) in the Office of the as to whether the asserted claims of the
written submissions will be available for Secretary, U.S. International Trade
public inspection at the Office of the ’433 patent recite patent-eligible subject
Commission, 500 E Street SW., Room matter under 35 U.S.C. 101. Any such
Secretary and on EDIS.5 112, Washington, DC 20436, telephone
This action is taken under the decision shall be in the form of an
(202) 205–2000. Hearing impaired initial determination (ID). Petitions for
authority of section 337 of the Tariff Act individuals are advised that information
of 1930, as amended (19 U.S.C. 1337), review of such an ID shall be due five
on this matter can be obtained by calendar days after service of the ID; any
and of sections 201.10 and 210.8(c) of contacting the Commission’s TDD
the Commission’s Rules of Practice and replies shall be due three business days
terminal on (202) 205–1810. Persons after service of a petition. The ID will
Procedure (19 CFR 201.10, 210.8(c)). with mobility impairments who will become the Commission’s final
By order of the Commission. need special assistance in gaining access determination 30 days after the date of
Issued: May 5, 2016. to the Commission should contact the service of the ID unless the Commission
Lisa R. Barton, Office of the Secretary at (202) 205– determines to review the ID. Any such
Secretary to the Commission. 2000. General information concerning review will be conducted in accordance
[FR Doc. 2016–11006 Filed 5–10–16; 8:45 am] the Commission may also be obtained with Commission Rules 210.43, 210.44,
BILLING CODE 7020–02–P
by accessing its internet server at http:// and 210.45, 19 CFR 210.43, 210.44, and
www.usitc.gov. The public record for 210.45. The Commission expects the
this investigation may be viewed on the issuance of an early ID relating to
INTERNATIONAL TRADE Commission’s electronic docket (EDIS) Section 101 within 100 days of
COMMISSION at http://edis.usitc.gov. institution, except that the presiding
FOR FURTHER INFORMATION CONTACT: The ALJ may grant a limited extension of the
[Investigation No. 337–TA–994]
Office of Unfair Import Investigations, ID for good cause shown. The issuance
Certain Portable Electronic Devices U.S. International Trade Commission, of an early ID finding that the asserted
and Components Thereof Institution of telephone (202) 205–2560. claims of the ’433 patent do not recite
Investigation Authority: The authority for patent-eligible subject matter under 35
institution of this investigation is U.S.C. 101 shall stay the investigation
AGENCY: U.S. International Trade contained in section 337 of the Tariff unless the Commission orders
Commission. Act of 1930, as amended, and in section otherwise; any other decision shall not
ACTION: Notice. 210.10 of the Commission’s Rules of stay the investigation or delay the
Practice and Procedure, 19 CFR 210.10 issuance of a final ID covering the other
SUMMARY: Notice is hereby given that a (2015). issues of the investigation.
mstockstill on DSK3G9T082PROD with NOTICES
complaint was filed with the U.S. Scope of Investigation: Having (4) For the purpose of the
International Trade Commission on considered the complaint, the U.S. investigation so instituted, the following
International Trade Commission, on are hereby named as parties upon which
4 Handbook for Electronic Filing Procedures:
May 5, 2016, ordered that— this notice of investigation shall be
http://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf (1) Pursuant to subsection (b) of served:
5 Electronic Document Information System section 337 of the Tariff Act of 1930, as (a) The complainants are:
(EDIS): http://edis.usitc.gov. amended, an investigation be instituted Creative Technology Ltd.
VerDate Sep<11>2014 17:20 May 10, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1](https://thefederalregister.org/doc/81_FR_29397/page/2.svg)
Document Created: 2016-05-11 01:11:39
Document Modified: 2016-05-11 01:11:39
| 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 29306 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR