81 FR 53158 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range		53158-53159
FR Document		2016-19084

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Industrial Control System Software, Systems Using Same, and Components Thereof, DN 3165; 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 155 (Thursday, August 11, 2016)

[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Notices]
[Pages 53158-53159]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19084]


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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 Industrial Control 
System Software, Systems Using Same, and Components Thereof, DN 3165; 
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 Rockwell Automation, Inc. on 
August 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

[[Page 53159]]

certain industrial control system software, systems using same, and 
components thereof. The complaint names as respondents 3S-Smart 
Software Solutions, GmbH of Germany; Advantech Corporation of Milpitas, 
CA; and Advantech Co., Ltd. of Taiwan. The complainant requests that 
the Commission issue a limited exclusion order, a cease and desist 
order, 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 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. 3165'') 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 
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 information, including confidential business 
information and documents for which confidential treatment is properly 
sought, submitted to the Commission for purposes of this Investigation 
may be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel,\5\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\6\
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    \5\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \6\ 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: August 8, 2016.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2016-19084 Filed 8-10-16; 8:45 am]
 BILLING CODE 7020-02-P

53158 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Notices

International Trade Commission, 500 E QOMO, and arguing that none of the INTERNATIONAL TRADE
Street SW., Washington, DC 20436, public interest factors weighs against COMMISSION
telephone (202) 205–2737. Copies of granting the LEO and CDO.
non-confidential documents filed in Complainant requested that QOMO not Notice of Receipt of Complaint;
connection with this investigation are or be afforded the opportunity to import Solicitation of Comments Relating to
will be available for inspection during during the period of Presidential review, the Public Interest
official business hours (8:45 a.m. to 5:15 or in the alternative, that the bond be set AGENCY: U.S. International Trade
p.m.) in the Office of the Secretary, U.S. at 100 percent of entered value in Commission.
International Trade Commission, 500 E accordance with the Commission ACTION: Notice.
Street SW., Washington, DC 20436, practice for defaulting respondents.
telephone (202) 205–2000. General SUMMARY: Notice is hereby given that
information concerning the Commission The Commission finds that the the U.S. International Trade
may also be obtained by accessing its statutory requirements for relief under Commission has received a complaint
Internet server at http://www.usitc.gov. section 337(g)(1), (19 U.S.C. 1337(g)(1)) entitled Certain Industrial Control
The public record for this investigation are met with respect to QOMO. In System Software, Systems Using Same,
may be viewed on the Commission’s addition the Commission finds that the and Components Thereof, DN 3165; the
electronic docket (EDIS) at http:// public interest factors enumerated in Commission is soliciting comments on
edis.usitc.gov. Hearing-impaired section 337(g)(1) do not preclude any public interest issues raised by the
persons are advised that information on issuance of the statutory relief. complaint or complainant’s filing under
this matter can be obtained by The Commission has determined that section 210.8(b) of the Commission’s
contacting the Commission’s TDD the appropriate remedy in this Rules of Practice and Procedure (19 CFR
terminal on (202) 205–1810. investigation is (1) an LEO prohibiting 210.8(b)).
SUPPLEMENTARY INFORMATION: The the unlicensed entry of certain FOR FURTHER INFORMATION CONTACT: Lisa
Commission instituted this investigation document cameras and software for use R. Barton, Secretary to the Commission,
on September 24, 2015, based on a therewith that are manufactured abroad U.S. International Trade Commission,
complaint filed on behalf of Pathway by or on behalf of, or imported by or on 500 E Street SW., Washington, DC
Innovations & Technologies, Inc. of San 20436, telephone (202) 205–2000. The
behalf of, QOMO that infringe one or
Diego, California (‘‘Complainant’’). 80 public version of the complaint can be
more of claims 1–10, 12–18, and 20 of
FR 57642 (September 24, 2015). The accessed on the Commission’s
the ’751 patent; and (2) a CDO Electronic Document Information
complaint alleges violations of Section
prohibiting QOMO from importing, System (EDIS) at EDIS,1 and will be
337 of the Tariff Act of 1930, as
selling, marketing, advertising, available for inspection during official
amended, 19 U.S.C. 1337, in the sale for
importation, importation, or sale within distributing, transferring (except for business hours (8:45 a.m. to 5:15 p.m.)
the United States after importation of exportation), and soliciting United in the Office of the Secretary, U.S.
certain document cameras and software States agents or distributors for certain International Trade Commission, 500 E
for use therewith by reason of document cameras and software for use Street SW., Washington, DC 20436,
infringement of certain claims of U.S. therewith that infringe one or more of telephone (202) 205–2000.
Design Patent No. D647,906; U.S. Design claims 1–10, 12–18, and 20 of the ’751 General information concerning the
Patent No. D674,389; U.S. Design Patent patent. Commission may also be obtained by
No. D715,300; and U.S. Patent No. Finally, the Commission has accessing its Internet server at United
8,508,751 (‘‘the ’751 patent’’). The determined that the bond during the States International Trade Commission
Commission’s notice of investigation (USITC) at USITC.2 The public record
period of Presidential review pursuant
named the following respondents: for this investigation may be viewed on
to 19 U.S.C. 1337(j) shall be in the
Recordex USA, Inc., of Long Island City, the Commission’s Electronic Document
amount of 100 percent of the entered Information System (EDIS) at EDIS.3
New York (‘‘Recordex’’); QOMO of value of the imported articles that are
Wixom, Michigan; and Adesso, Inc. of Hearing-impaired persons are advised
subject to the LEO or CDO. The that information on this matter can be
Walnut, California (‘‘Adesso’’). The Commission’s orders were delivered to
Office of Unfair Import Investigations obtained by contacting the
the President and to the United States Commission’s TDD terminal on (202)
was named as a party but has
Trade Representative on the day of their 205–1810.
subsequently withdrawn from the
issuance. SUPPLEMENTARY INFORMATION: The
investigation. Adesso was terminated
based on a consent order stipulation and The authority for the Commission’s Commission has received a complaint
consent order. Order No. 5 (unreviewed) determination is contained in section and a submission pursuant to section
(Nov. 23, 2015). QOMO was found to be 337 of the Tariff Act of 1930, as 210.8(b) of the Commission’s Rules of
in default. Order No. 10 (unreviewed) amended (19 U.S.C. 1337), and in Part Practice and Procedure filed on behalf
(Dec. 7, 2015). Recordex was terminated 210 of the Commission’s Rules of of Rockwell Automation, Inc. on August
based on settlement. Order No. 19 Practice and Procedure (19 CFR part 5, 2016. The complaint alleges
(unreviewed) (May 13, 2016). 210). violations of section 337 of the Tariff
On December 7, 2015, the Act of 1930 (19 U.S.C. 1337) in the
By order of the Commission. importation into the United States, the
Commission determined not to review
an initial determination finding QOMO Issued: August 5, 2016. sale for importation, and the sale within
sradovich on DSK3GMQ082PROD with NOTICES

in default and later requested briefing Lisa R. Barton, the United States after importation of
from the parties and the public on the Secretary to the Commission.
1 Electronic Document Information System
issues of remedy, the public interest, [FR Doc. 2016–19037 Filed 8–10–16; 8:45 am]
(EDIS): http://edis.usitc.gov.
and bonding. Complainant filed a BILLING CODE 7020–02–P 2 United States International Trade Commission
submission requesting a limited (USITC): http://edis.usitc.gov.
exclusion order (‘‘LEO’’) and a cease 3 Electronic Document Information System

and desist order (‘‘CDO’’) against (EDIS): http://edis.usitc.gov.

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Document Created: 2018-02-09 11:27:09
Document Modified: 2018-02-09 11:27:09

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 53158