81 FR 41347 - Certain Portable Electronic Devices and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Intervenor Status to Google, Inc.

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range		41347-41348
FR Document		2016-14995

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 5) granting intervenor status to Google Inc.

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41347-41348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14995]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-994]


Certain Portable Electronic Devices and Components Thereof; 
Notice of Commission Determination Not To Review an Initial 
Determination Granting Intervenor Status to Google, Inc.

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 determined not to review an initial determination 
(``ID'') (Order No. 5) granting intervenor status to Google Inc.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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: The Commission instituted this investigation 
on May 11, 2016, based on a complaint filed by Creative Technology Ltd. 
of Singapore and Creative Labs, Inc. of Milpitas, California 
(collectively, ``Creative''). 81 Fed. Reg. 29307-08. The complaint 
alleges violations of section 337 of the Tariff Act of 1930, as amended 
(19 U.S.C. 1337), in the importation, sale for importation, and sale 
after importation of certain portable electronic devices and components 
thereof that infringe certain claims of U.S. Patent No. 6,928,433. Id. 
at 29307. The notice of investigation named as respondents ZTE 
Corporation of Guangdong, China; ZTE (USA) Inc. of Richardson, Texas; 
Sony Corporation of Tokyo, Japan; Sony Mobile Communications, Inc. of 
Tokyo, Japan; Sony Mobile Communications AB of Lund, Sweden; Sony 
Mobile Communications (USA), Inc. of Atlanta, Georgia; Samsung 
Electronics Co., Ltd. of Seoul, Republic of Korea; Samsung Electronics 
America, Inc. of Ridgefield Park, New Jersey; LG Electronics, Inc. of 
Seoul, Republic of Korea; LG Electronics U.S.A., Inc. of Englewood 
Cliffs, New Jersey; LG Electronics Mobilecomm U.S.A. Inc. of San Diego, 
California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) 
Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, 
Illinois; HTC Corporation of Taiwan; HTC America, Inc. of Bellevue, 
Washington; Blackberry Ltd. of Waterloo, Ontario, Canada; and 
Blackberry Corporation of Irving, Texas. Id. at 29307-08. The notice 
also named the Office of Unfair Import Investigations as a party. Id. 
at 29308.
    On May 13, 2016, Google Inc. (``Google'') moved to intervene as a 
party in the investigation on the grounds that Creative's allegations 
involve the functionality of Google's Play Music application, and 
Google has an interest in defending its application. On May 19, 2016, 
the Commission Investigative Attorney filed a response supporting 
Google's Motion. Creative stated that it would not respond to the 
motion, and no other responses were filed.
    On May 19, 2016, the ALJ granted the motion and issued the subject 
ID. He found that the motion complied with 19 CFR 210.19 and Federal 
Rule of Civil Procedure 24, and thus granted Google intervenor status 
will full participation rights as a party. No petitions for review of 
the subject ID were filed.

[[Page 41348]]

    The Commission has determined not to review the subject ID.
    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).

    By order of the Commission.

    Issued: June 21, 2016.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2016-14995 Filed 6-23-16; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices 41347

institution, except that the presiding complaint and in this notice may be contacting the Commission’s TDD
ALJ may grant a limited extension of the deemed to constitute a waiver of the terminal on (202) 205–1810.
ID for good cause shown. The issuance right to appear and contest the
of an early ID finding that complainants SUPPLEMENTARY INFORMATION: The
allegations of the complaint and this
do not satisfy the economic prong of the Commission instituted this investigation
notice, and to authorize the
domestic industry requirement shall administrative law judge and the on May 11, 2016, based on a complaint
stay the investigation unless the Commission, without further notice to filed by Creative Technology Ltd. of
Commission orders otherwise; any other the respondent, to find the facts to be as Singapore and Creative Labs, Inc. of
decision shall not stay the investigation alleged in the complaint and this notice Milpitas, California (collectively,
or delay the issuance of a final ID and to enter an initial determination ‘‘Creative’’). 81 Fed. Reg. 29307–08. The
covering the other issues of the and a final determination containing complaint alleges violations of section
investigation. such findings, and may result in the 337 of the Tariff Act of 1930, as
(3) For the purpose of the issuance of an exclusion order or a cease amended (19 U.S.C. 1337), in the
investigation so instituted, the following and desist order or both directed against importation, sale for importation, and
are hereby named as parties upon which the respondent. sale after importation of certain portable
this notice of investigation shall be electronic devices and components
By order of the Commission. thereof that infringe certain claims of
served:
(a) The complainants are: Issued: June 20, 2016. U.S. Patent No. 6,928,433. Id. at 29307.
Intex Recreation Corp., 4001 Via Oro Lisa R. Barton, The notice of investigation named as
Avenue, Long Beach, CA 90810 Secretary to the Commission. respondents ZTE Corporation of
Intex Marketing Ltd., Wickham’s Cay, [FR Doc. 2016–14946 Filed 6–23–16; 8:45 am] Guangdong, China; ZTE (USA) Inc. of
P.O. Box 662, Road Town, Tortola, BILLING CODE 7020–02–P
Richardson, Texas; Sony Corporation of
British Virgin Islands Tokyo, Japan; Sony Mobile
(b) The respondents are the following Communications, Inc. of Tokyo, Japan;
entities alleged to be in violation of INTERNATIONAL TRADE Sony Mobile Communications AB of
section 337, and are the parties upon COMMISSION Lund, Sweden; Sony Mobile
which the complaint is to be served: Communications (USA), Inc. of Atlanta,
Bestway (USA), Inc., 3249 East Harbour [Investigation No. 337–TA–994] Georgia; Samsung Electronics Co., Ltd.
Drive, Phoenix, AZ 85034 of Seoul, Republic of Korea; Samsung
Bestway Global Holdings, Inc., No. 3065 Certain Portable Electronic Devices Electronics America, Inc. of Ridgefield
Cao An Road, Shanghai 201812, and Components Thereof; Notice of Park, New Jersey; LG Electronics, Inc. of
China Commission Determination Not To Seoul, Republic of Korea; LG Electronics
Bestway (Hong Kong) International, Review an Initial Determination U.S.A., Inc. of Englewood Cliffs, New
Ltd., 66 Mody Road, Kowloon, Hong Granting Intervenor Status to Google, Jersey; LG Electronics Mobilecomm
Kong Inc. U.S.A. Inc. of San Diego, California;
Bestway Inflatables & Materials Lenovo Group Ltd. of Beijing, China;
AGENCY: U.S. International Trade
Corporation, No. 3065 Cao An Road, Lenovo (United States) Inc. of
Commission.
Shanghai 201812, China Morrisville, North Carolina; Motorola
Bestway (Nantong) Recreation Corp., ACTION: Notice. Mobility LLC of Chicago, Illinois; HTC
No. 8 Huimin West Road, Economic Corporation of Taiwan; HTC America,
SUMMARY: Notice is hereby given that
Development Zone, Rucheng Town, Inc. of Bellevue, Washington;
the U.S. International Trade
Nantong, Jiangsu 226503, China Blackberry Ltd. of Waterloo, Ontario,
Commission has determined not to
(c) The Office of Unfair Import review an initial determination (‘‘ID’’) Canada; and Blackberry Corporation of
Investigations, U.S. International Trade (Order No. 5) granting intervenor status Irving, Texas. Id. at 29307–08. The
Commission, 500 E Street SW., Suite to Google Inc. notice also named the Office of Unfair
401, Washington, DC 20436; and Import Investigations as a party. Id. at
(4) For the investigation so instituted, FOR FURTHER INFORMATION CONTACT: 29308.
the Chief Administrative Law Judge, Robert Needham, Office of the General
Counsel, U.S. International Trade On May 13, 2016, Google Inc.
U.S. International Trade Commission, (‘‘Google’’) moved to intervene as a
shall designate the presiding Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) party in the investigation on the
Administrative Law Judge. grounds that Creative’s allegations
Responses to the complaint and the 708–5468. Copies of non-confidential
documents filed in connection with this involve the functionality of Google’s
notice of investigation must be
investigation are or will be available for Play Music application, and Google has
submitted by the named respondents in
inspection during official business an interest in defending its application.
accordance with section 210.13 of the
hours (8:45 a.m. to 5:15 p.m.) in the On May 19, 2016, the Commission
Commission’s Rules of Practice and
Office of the Secretary, U.S. Investigative Attorney filed a response
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such International Trade Commission, 500 E supporting Google’s Motion. Creative
responses will be considered by the Street SW., Washington, DC 20436, stated that it would not respond to the
Commission if received not later than 20 telephone (202) 205–2000. General motion, and no other responses were
days after the date of service by the information concerning the Commission filed.
Commission of the complaint and the may also be obtained by accessing its On May 19, 2016, the ALJ granted the
sradovich on DSK3GDR082PROD with NOTICES

notice of investigation. Extensions of Internet server (http://www.usitc.gov). motion and issued the subject ID. He
time for submitting responses to the The public record for this investigation found that the motion complied with 19
complaint and the notice of may be viewed on the Commission’s CFR 210.19 and Federal Rule of Civil
investigation will not be granted unless electronic docket (EDIS) at http:// Procedure 24, and thus granted Google
good cause therefor is shown. edis.usitc.gov. Hearing-impaired intervenor status will full participation
Failure of a respondent to file a timely persons are advised that information on rights as a party. No petitions for review
response to each allegation in the this matter can be obtained by of the subject ID were filed.

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41348 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices

The Commission has determined not DATES: Effective Date: June 8, 2016. of the Tariff Act of 1930 (19 U.S.C.
to review the subject ID. FOR FURTHER INFORMATION CONTACT: 1671d(b) and 1673d(b)), as a result of
The authority for the Commission’s Mary Messer (202–205–3193), Office of affirmative preliminary determinations
determination is contained in section Investigations, U.S. International Trade by the Department of Commerce that
337 of the Tariff Act of 1930, as Commission, 500 E Street SW., certain benefits which constitute
amended (19 U.S.C. 1337), and in Part Washington, DC 20436. Hearing- subsidies within the meaning of section
210 of the Commission’s Rules of impaired persons can obtain 703 of the Act (19 U.S.C. 1671b) are
Practice and Procedure (19 CFR part information on this matter by contacting being provided to manufacturers,
210). the Commission’s TDD terminal on 202– producers, or exporters in China of iron
By order of the Commission. 205–1810. Persons with mobility mechanical transfer drive components,
Issued: June 21, 2016. impairments who will need special and that such products imported from
assistance in gaining access to the China and Canada are being sold in the
William R. Bishop,
Commission should contact the Office United States at less than fair value
Supervisory Hearings and Information within the meaning of section 733 of the
Officer. of the Secretary at 202–205–2000.
General information concerning the Act (19 U.S.C. 1673b). The
[FR Doc. 2016–14995 Filed 6–23–16; 8:45 am]
Commission may also be obtained by investigations were requested in
BILLING CODE 7020–02–P petitions filed on October 28, 2015, by
accessing its Internet server (http://
www.usitc.gov). The public record for TB Wood’s Incorporated, Chambersburg,
these investigations may be viewed on Pennsylvania.
INTERNATIONAL TRADE For further information concerning
COMMISSION the Commission’s electronic docket
(EDIS) at http://edis.usitc.gov. the conduct of this phase of the
[Investigation Nos. 701–TA–550 and 731– SUPPLEMENTARY INFORMATION: investigations, hearing procedures, and
TA–1304–1305 (Final)] Background.—The final phase of rules of general application, consult the
these investigations is being scheduled Commission’s Rules of Practice and
Iron Mechanical Transfer Drive pursuant to sections 705(b) and 731(b) Procedure, part 201, subparts A and B
Components From Canada and China; (19 CFR part 201), and part 207,
Scheduling of the Final Phase of as sheaves, pulleys, flywheels, flat pulleys, idlers, subparts A and C (19 CFR part 207).
Countervailing Duty and Antidumping conveyer pulleys, synchronous sheaves, and timing Participation in the investigations and
Duty Investigations pulleys. The products covered by these public service list.—Persons, including
investigations also include bushings, which are iron industrial users of the subject
AGENCY: United States International mechanical transfer drive components in the form
of a cylinder and which fit into the bore holes of merchandise and, if the merchandise is
Trade Commission.
other mechanical transfer drive components to lock sold at the retail level, representative
ACTION: Notice. them into drive shafts by means of elements such consumer organizations, wishing to
as teeth, bolts, or screws. Iron mechanical transfer participate in the final phase of these
SUMMARY: The Commission hereby gives drive components subject to these investigations are
notice of the scheduling of the final those not less than 4.00 inches (101 mm) in the investigations as parties must file an
phase of antidumping and maximum nominal outer diameter. Unfinished iron entry of appearance with the Secretary
countervailing duty investigation Nos. mechanical transfer drive components (i.e., blanks to the Commission, as provided in
or castings) possess the approximate shape of the section 201.11 of the Commission’s
701–TA–550 and 731–TA–1304–1305 finished iron mechanical transfer drive component
(Final) pursuant to the Tariff Act of and have not yet been machined to final rules, no later than 21 days prior to the
1930 (‘‘the Act’’) to determine whether specification after the initial casting, forging or like hearing date specified in this notice. A
an industry in the United States is
operations. These machining processes may include party that filed a notice of appearance
cutting, punching, notching, boring, threading, during the preliminary phase of the
materially injured or threatened with mitering, or chamfering. Subject merchandise
material injury, or the establishment of includes iron mechanical transfer drive components investigations need not file an
an industry in the United States is as defined above that have been finished or additional notice of appearance during
materially retarded, by reason of
machined in a third country, including but not this final phase. The Secretary will
limited to finishing/machining processes such as maintain a public service list containing
imports of certain iron mechanical cutting, punching, notching, boring, threading,
transfer drive components from Canada mitering, or chamfering, or any other processing the names and addresses of all persons,
and China, provided for in subheadings that would not otherwise remove the merchandise or their representatives, who are parties
from the scope of the investigations if performed in to the investigations.
8483.30.80, 8483.50.60, 8483.50.90, the country of manufacture of the iron mechanical Limited disclosure of business
8483.90.30, and 8483.90.80 of the transfer drive components. Subject iron mechanical
transfer drive components are covered by the scope proprietary information (BPI) under an
Harmonized Tariff Schedule of the
of the investigations regardless of width, design, or administrative protective order (APO)
United States 1 and preliminarily iron type (e.g., gray, white, or ductile iron). Subject and BPI service list.—Pursuant to
determined by the Department of iron mechanical transfer drive components are section 207.7(a) of the Commission’s
Commerce to be subsidized by the covered by the scope of the investigations
rules, the Secretary will make BPI
government of China and sold at less- regardless of whether they have non-iron
attachments or parts and regardless of whether they gathered in the final phase of these
than-fair-value.2 are entered with other mechanical transfer drive investigations available to authorized
components or as part of a mechanical transfer applicants under the APO issued in the
1 Covered merchandise may also enter under the
drive assembly (which typically includes one or
following HTSUS subheadings: 7325.10.00, more of the iron mechanical transfer drive
investigations, provided that the
7325.99.10, 7326.19.00, 8431.31.00, 8431.39.00, and components identified above, and which may also application is made no later than 21
8483.50.40. include other parts such as a belt, coupling and/or days prior to the hearing date specified
2 For purposes of these investigations, the shaft). When entered as a mechanical transfer drive in this notice. Authorized applicants
sradovich on DSK3GDR082PROD with NOTICES

Department of Commerce has defined the subject assembly, only the iron components that meet the
merchandise as iron mechanical transfer drive physical description of covered merchandise are
must represent interested parties, as
components, whether finished or unfinished (i.e., covered merchandise, not the other components in defined by 19 U.S.C. 1677(9), who are
blanks or castings). Subject iron mechanical transfer the mechanical transfer drive assembly (e.g., belt, parties to the investigations. A party
drive components are in the form of wheels or coupling, shaft). For purposes of these granted access to BPI in the preliminary
cylinders with a center bore hole that may have one investigations, a covered product is of ‘‘iron’’ where
or more grooves or teeth in their outer the article has a carbon content of 1.7 percent by
phase of the investigations need not
circumference that guide or mesh with a flat or weight or above, regardless of the presence and reapply for such access. A separate
ribbed belt or like device and are often referred to amount of additional alloying elements. service list will be maintained by the

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Document Created: 2016-06-24 00:53:04
Document Modified: 2016-06-24 00:53:04

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		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non- confidential documents filed in connection with this investigation are or 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 (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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.
FR Citation		81 FR 41347