81_FR_64378 81 FR 64197 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

81 FR 64197 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 181 (September 19, 2016)

Page Range64197-64198
FR Document2016-22425

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Silicon-on- Insulator Wafers, DN 3153; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under Sec. 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64197-64198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22425]


-----------------------------------------------------------------------

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 Silicon-on-
Insulator Wafers, DN 3153; the Commission is soliciting comments on any 
public interest issues raised by the complaint or complainant's filing 
under Sec.  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

[[Page 64198]]

Electronic Document Information System (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 at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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: The Commission has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Silicon Genesis Corporation 
on May 26, 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 silicon-on-insulator wafers. The complaint 
names as respondent Soitec, S.A. of France. 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 Sec.  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 Sec.  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. 3153'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures.\1\) Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.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 
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,\2\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://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 Sec. Sec.  
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: September 13, 2016.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-22425 Filed 9-16-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                                            Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices                                                  64197

                                                  U.S.C. 1337, on behalf of Rockwell                         Scope of Investigation: Having                        Responses to the complaint and the
                                                  Automation, Inc. of Milwaukee,                          considered the complaint, the U.S.                    notice of investigation must be
                                                  Wisconsin. A letter supplementing the                   International Trade Commission, on                    submitted by the named respondents in
                                                  complaint was filed on August 12, 2016.                 September 13, 2016, ORDERED THAT—                     accordance with section 210.13 of the
                                                  The complaint alleges violations of                        (1) Pursuant to subsection (b) of                  Commission’s Rules of Practice and
                                                  section 337 based upon the importation                  section 337 of the Tariff Act of 1930, as             Procedure, 19 CFR 210.13. Pursuant to
                                                  into the United States, the sale for                    amended, an investigation be instituted               19 CFR 201.16(e) and 210.13(a), such
                                                  importation, and the sale within the                    to determine whether there is a                       responses will be considered by the
                                                  United States after importation of                      violation of subsection (a)(1)(B) of                  Commission if received not later than 20
                                                  certain industrial control system                       section 337 in the importation into the               days after the date of service by the
                                                  software, systems using same and                        United States, the sale for importation,              Commission of the complaint and the
                                                  components thereof by reason of                         or the sale within the United States after            notice of investigation. Extensions of
                                                  infringement of U.S. Patent No.                         importation of certain industrial control             time for submitting responses to the
                                                  6,675,226 (‘‘the ’226 patent’’); U.S.                   system software, systems using the                    complaint and the notice of
                                                  Patent No. 6,816,817 (‘‘the ’817 patent’’);             same, and components thereof by reason                investigation will not be granted unless
                                                  U.S. Patent No. 6,819,960 (‘‘the ’960                   of infringement of one or more of claims              good cause therefor is shown.
                                                  patent’’); U.S. Patent No. 6,978,225 (‘‘the             1, 9, and 10 of the ’226 patent; claims                  Failure of a respondent to file a timely
                                                  ’225 patent’’); U.S. Patent No. 7,130,704               21, 25–27, and 30–35 of the ’817 patent;              response to each allegation in the
                                                  (‘‘the ’704 patent’’); U.S. Patent No.                  claims 1–5, 7, 10, and 23–26 of the ’960              complaint and in this notice may be
                                                  7,650,196 (‘‘the ’196 patent’’); U.S.                   patent; claims 1 and 3–6 the ’225 patent;             deemed to constitute a waiver of the
                                                  Patent No. 7,693,585 (‘‘the ’585 patent’’);             claims 1–3, 9, 13–16, 20 and 21 of the                right to appear and contest the
                                                  and U.S. Patent No. 8,799,800 (‘‘the ’800               ’704 patent; claims 1–6, 8–10, 12, 13, 15,            allegations of the complaint and this
                                                  patent’’). The complaint further alleges                and 16 of the ’196 patent; claims 1, 2,               notice, and to authorize the
                                                  that an industry in the United States                   4, 5, 7, 15, 17–19, 21, and 25 of the ’585            administrative law judge and the
                                                  exists as required by subsection (a)(2) of              patent; claims 1, 3–5, and 7–15 of the                Commission, without further notice to
                                                  section 337.                                            ’800 patent, and whether an industry in               the respondent, to find the facts to be as
                                                                                                          the United States exists as required by               alleged in the complaint and this notice
                                                     The complainant requests that the
                                                                                                          subsection (a)(2) of section 337;                     and to enter an initial determination
                                                  Commission institute an investigation
                                                                                                             (2) Pursuant to Commission Rule                    and a final determination containing
                                                  and, after the investigation, issue a
                                                                                                          210.50(b)(1), 19 CFR 210.50(b)(1), the                such findings, and may result in the
                                                  limited exclusion order and cease and
                                                                                                          presiding administrative law judge shall              issuance of an exclusion order or a cease
                                                  desist orders.
                                                                                                          take evidence or other information and                and desist order or both directed against
                                                  ADDRESSES: The complaint, except for                    hear arguments from the parties or other              the respondent.
                                                  any confidential information contained                  interested persons with respect to the                  By order of the Commission.
                                                  therein, is available for inspection                    public interest in this investigation, as               Issued: September 13, 2016.
                                                  during official business hours (8:45 a.m.               appropriate, and provide the
                                                  to 5:15 p.m.) in the Office of the                                                                            Lisa R. Barton,
                                                                                                          Commission with findings of fact and a
                                                  Secretary, U.S. International Trade                                                                           Secretary to the Commission.
                                                                                                          recommended determination on this
                                                  Commission, 500 E Street SW., Room                                                                            [FR Doc. 2016–22430 Filed 9–16–16; 8:45 am]
                                                                                                          issue, which shall be limited to the
                                                  112, Washington, DC 20436, telephone                    statutory public interest factors set forth           BILLING CODE 7020–02–P
                                                  (202) 205–2000. Hearing impaired                        in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
                                                  individuals are advised that information                   (3) For the purpose of the
                                                  on this matter can be obtained by                       investigation so instituted, the following            INTERNATIONAL TRADE
                                                  contacting the Commission’s TDD                         are hereby named as parties upon which                COMMISSION
                                                  terminal on (202) 205–1810. Persons                     this notice of investigation shall be                 Notice of Receipt of Complaint;
                                                  with mobility impairments who will                      served:                                               Solicitation of Comments Relating to
                                                  need special assistance in gaining access                  (a) The complainant is: Rockwell                   the Public Interest
                                                  to the Commission should contact the                    Automation, Inc., 1201 South 2nd
                                                  Office of the Secretary at (202) 205–                   Street, Milwaukee, WI 53204–2410.                     AGENCY: U.S. International Trade
                                                  2000. General information concerning                       (b) The respondents are the following              Commission.
                                                  the Commission may also be obtained                     entities alleged to be in violation of                ACTION: Notice.
                                                  by accessing its Internet server at                     section 337, and are the parties upon
                                                  https://www.usitc.gov. The public                       which the complaint is to be served: 3S-              SUMMARY:    Notice is hereby given that
                                                  record for this investigation may be                    smart Software Solutions, GmbH,                       the U.S. International Trade
                                                  viewed on the Commission’s electronic                   Memminger Str. 151, 87439 Kempten,                    Commission has received a complaint
                                                  docket (EDIS) at https://edis.usitc.gov.                Germany; Advantech Corporation, 380                   entitled Certain Silicon-on-Insulator
                                                                                                          Fairview Way, Milpitas, CA 95035;                     Wafers, DN 3153; the Commission is
                                                  FOR FURTHER INFORMATION CONTACT: The                                                                          soliciting comments on any public
                                                  Office of Unfair Import Investigations,                 Advantech Co., Ltd., No. 1, Alley 20,
                                                                                                          Lane 26, Rueiguang Road, Neihu                        interest issues raised by the complaint
                                                  U.S. International Trade Commission,                                                                          or complainant’s filing under § 210.8(b)
                                                  telephone (202) 205–2560.                               District, Taipei City, Taiwan.
                                                                                                             (c) The Office of Unfair Import                    of the Commission’s Rules of Practice
                                                  SUPPLEMENTARY INFORMATION:                              Investigations, U.S. International Trade              and Procedure (19 CFR 210.8(b)).
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Authority: The authority for                         Commission, 500 E Street SW., Suite                   FOR FURTHER INFORMATION CONTACT: Lisa
                                                  institution of this investigation is                    401, Washington, DC 20436; and                        R. Barton, Secretary to the Commission,
                                                  contained in section 337 of the Tariff                     (4) For the investigation so instituted,           U.S. International Trade Commission,
                                                  Act of 1930, as amended, and in section                 the Chief Administrative Law Judge,                   500 E Street SW., Washington, DC
                                                  210.10 of the Commission’s Rules of                     U.S. International Trade Commission,                  20436, telephone (202) 205–2000. The
                                                  Practice and Procedure, 19 CFR 210.10                   shall designate the presiding                         public version of the complaint can be
                                                  (2016).                                                 Administrative Law Judge.                             accessed on the Commission’s


                                             VerDate Sep<11>2014   21:47 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\19SEN1.SGM   19SEN1


                                                  64198                     Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices

                                                  Electronic Document Information                           (iii) identify like or directly competitive         U.S.C. Appendix 3; or (ii) by U.S.
                                                  System (EDIS) at https://edis.usitc.gov,                articles that complainant, its licensees, or          government employees and contract
                                                  and will be available for inspection                    third parties make in the United States which         personnel,2 solely for cybersecurity
                                                  during official business hours (8:45 a.m.               could replace the subject articles if they were
                                                                                                                                                                purposes. All nonconfidential written
                                                                                                          to be excluded;
                                                  to 5:15 p.m.) in the Office of the                        (iv) indicate whether complainant,                  submissions will be available for public
                                                  Secretary, U.S. International Trade                     complainant’s licensees, and/or third party           inspection at the Office of the Secretary
                                                  Commission, 500 E Street SW.,                           suppliers have the capacity to replace the            and on EDIS.3
                                                  Washington, DC 20436, telephone (202)                   volume of articles potentially subject to the           This action is taken under the
                                                  205–2000.                                               requested exclusion order and/or a cease and          authority of section 337 of the Tariff Act
                                                    General information concerning the                    desist order within a commercially                    of 1930, as amended (19 U.S.C. 1337),
                                                  Commission may also be obtained by                      reasonable time; and                                  and of §§ 201.10 and 210.8(c) of the
                                                  accessing its Internet server at United                   (v) explain how the requested remedial              Commission’s Rules of Practice and
                                                  States International Trade Commission                   orders would impact United States
                                                                                                                                                                Procedure (19 CFR 201.10, 210.8(c)).
                                                  (USITC) at https://www.usitc.gov. The                   consumers.
                                                                                                                                                                  By order of the Commission.
                                                  public record for this investigation may                   Written submissions must be filed no
                                                  be viewed on the Commission’s                                                                                   Issued: September 13, 2016.
                                                                                                          later than by close of business, eight
                                                  Electronic Document Information                         calendar days after the date of                       Lisa R. Barton,
                                                  System (EDIS) at https://edis.usitc.gov.                publication of this notice in the Federal             Secretary to the Commission.
                                                  Hearing-impaired persons are advised                    Register. There will be further                       [FR Doc. 2016–22425 Filed 9–16–16; 8:45 am]
                                                  that information on this matter can be                  opportunities for comment on the                      BILLING CODE 7020–02–P
                                                  obtained by contacting the                              public interest after the issuance of any
                                                  Commission’s TDD terminal on (202)                      final initial determination in this
                                                  205–1810.                                               investigation.                                        DEPARTMENT OF JUSTICE
                                                  SUPPLEMENTARY INFORMATION: The                             Persons filing written submissions
                                                                                                          must file the original document                       [CPCLO Order No. 007–2016]
                                                  Commission has received a complaint
                                                  and a submission pursuant to § 210.8(b)                 electronically on or before the deadlines
                                                                                                                                                                Privacy Act of 1974; System of
                                                  of the Commission’s Rules of Practice                   stated above and submit 8 true paper
                                                                                                                                                                Records
                                                  and Procedure filed on behalf of Silicon                copies to the Office of the Secretary by
                                                  Genesis Corporation on May 26, 2016.                    noon the next day pursuant to § 210.4(f)              AGENCY:   Federal Bureau of
                                                  The complaint alleges violations of                     of the Commission’s Rules of Practice                 Investigation, United States Department
                                                  section 337 of the Tariff Act of 1930 (19               and Procedure (19 CFR 210.4(f)).                      of Justice
                                                  U.S.C. 1337) in the importation into the                Submissions should refer to the docket                ACTION: Notice of a new system of
                                                  United States, the sale for importation,                number (‘‘Docket No. 3153’’) in a                     records.
                                                  and the sale within the United States                   prominent place on the cover page and/
                                                  after importation of certain silicon-on-                or the first page. (See Handbook for                  SUMMARY:     Pursuant to the Privacy Act of
                                                  insulator wafers. The complaint names                   Electronic Filing Procedures, Electronic              1974, 5 U.S.C. 552a, and Office of
                                                  as respondent Soitec, S.A. of France.                   Filing Procedures.1) Persons with                     Management and Budget (OMB)
                                                  The complainant requests that the                       questions regarding filing should                     Circular No. A–130, the Federal Bureau
                                                  Commission issue a limited exclusion                    contact the Secretary (202–205–2000).                 of Investigation (FBI), a component of
                                                  order, a cease and desist order, and                       Any person desiring to submit a                    the United States Department of Justice
                                                  impose a bond upon respondents’                         document to the Commission in                         (Department or DOJ), proposes to
                                                  alleged infringing articles during the 60-              confidence must request confidential                  establish a new system of records titled,
                                                  day Presidential review period pursuant                 treatment. All such requests should be                ‘‘FBI Insider Threat Program Records
                                                  to 19 U.S.C. 1337(j).                                   directed to the Secretary to the                      (ITPR),’’ JUSTICE/FBI–023, to establish
                                                     Proposed respondents, other                          Commission and must include a full                    certain capabilities to detect, deter, and
                                                  interested parties, and members of the                  statement of the reasons why the                      mitigate threats by FBI personnel
                                                  public are invited to file comments, not                Commission should grant such                          including, but not limited to,
                                                  to exceed five (5) pages in length,                     treatment. See 19 CFR 201.6. Documents                employees, Joint Task Force Members,
                                                  inclusive of attachments, on any public                 for which confidential treatment by the               contractors, detailees, assignees, and
                                                  interest issues raised by the complaint                 Commission is properly sought will be                 interns, with authorized access to FBI
                                                  or § 210.8(b) filing. Comments should                   treated accordingly. All information,                 facilities, information systems, or
                                                  address whether issuance of the relief                  including confidential business                       Classified information. FBI personnel
                                                  specifically requested by the                           information and documents for which                   assigned to the FBI Insider Threat
                                                  complainant in this investigation would                 confidential treatment is properly                    Prevention and Detection Program
                                                  affect the public health and welfare in                 sought, submitted to the Commission for               (ITPDP) will use the system to facilitate
                                                  the United States, competitive                          purposes of this Investigation may be                 management of insider threat inquiries
                                                  conditions in the United States                         disclosed to and used: (i) By the                     and activities associated with inquiries
                                                  economy, the production of like or                      Commission, its employees and Offices,                and referrals; identify potential threats
                                                  directly competitive articles in the                    and contract personnel (a) for                        to FBI resources and information assets;
                                                  United States, or United States                         developing or maintaining the records                 track referrals of potential insider
                                                  consumers.                                              of this or a related proceeding, or (b) in            threats to internal and external partners;
mstockstill on DSK3G9T082PROD with NOTICES




                                                     In particular, the Commission is                     internal investigations, audits, reviews,             and provide statistical reports and meet
                                                  interested in comments that:                            and evaluations relating to the                       other insider threat reporting
                                                    (i) explain how the articles potentially              programs, personnel, and operations of                requirements. The FBI is concurrently
                                                  subject to the requested remedial orders are            the Commission including under 5
                                                  used in the United States;                                                                                      2 All contract personnel will sign appropriate

                                                    (ii) identify any public health, safety, or             1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
                                                  welfare concerns in the United States relating          https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

                                                  to the requested remedial orders;                       filing_procedures.pdf.                                (EDIS): https://edis.usitc.gov.



                                             VerDate Sep<11>2014   21:47 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\19SEN1.SGM   19SEN1



Document Created: 2016-09-17 02:30:08
Document Modified: 2016-09-17 02:30:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLisa 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 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.
FR Citation81 FR 64197 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR