81 FR 59655 - Certain Activity Tracking Devices, Systems, and Components Thereof; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 168 (August 30, 2016)

Notice is hereby given that the presiding administrative law judge has issued a recommended determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, in the event the Commission finds a violation, specifically a limited exclusion order and cease and desist orders, lasting no more than one month, against certain activity tracking devices, systems, and components thereof, imported by respondents Fitbit, Inc. of San Francisco, California; Flextronics International Ltd. of San Jose, California; and Flextronics Sales & Marketing (A-P) Ltd. of Port Louis, Mauritius. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59655-59656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20702]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-963]


Certain Activity Tracking Devices, Systems, and Components 
Thereof; Notice of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge has issued a recommended determination on remedy and bonding in 
the above-captioned investigation. The Commission is soliciting 
comments on public interest issues raised by the recommended relief, in 
the event the Commission finds a violation, specifically a limited 
exclusion order and cease and desist orders, lasting no more than one 
month, against certain activity tracking devices, systems, and 
components thereof, imported by respondents Fitbit, Inc. of San 
Francisco, California; Flextronics International Ltd. of San Jose, 
California; and Flextronics Sales & Marketing (A-P) Ltd. of Port Louis, 
Mauritius. Parties are to file public interest submissions pursuant to 
19 CFR 210.50(a)(4).

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. The public version of 
the complaint can be accessed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov, 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. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on EDIS at https://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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five pages, 
inclusive of attachments, concerning the public interest in light of 
the administrative law judge's recommended determination on remedy and 
bonding issued in this investigation on August 23, 2016. Comments 
should address whether issuance of a limited exclusion order 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 recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended 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 recommended exclusion order and/or 
a cease and desist order within a commercially reasonable time; and
    (v) explain how the limited exclusion order would impact consumers 
in the United States.
    Written submissions must be filed no later than by close of 
business on September 23, 2016. Persons filing written submissions must 
file the original document electronically on or before the deadlines 
stated above and submit eight true paper copies to the Office of the 
Secretary by noon the next

[[Page 59656]]

day pursuant to Sec.  210.4(f) of the Commission's Rules of Practice 
and Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (Inv. No. 337-TA-963) in a prominent place on the 
cover page, the first page, or both. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 Sec. Sec.  
201.10 and 210.50 of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.50).

    By order of the Commission.

    Issued: August 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-20702 Filed 8-29-16; 8:45 am]
 BILLING CODE 7020-02-P