81 FR 95194 - Certain Network Devices, Related Software and Components Thereof (II); Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range		95194-95195
FR Document		2016-31086

Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and 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, specifically a limited exclusion order against certain network devices, related software and components thereof imported by and a and cease and desist order against respondent Arista Networks, Inc. of Santa Clara, California. This notice is soliciting public interest comments from the public only.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95194-95195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31086]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-945]


Certain Network Devices, Related Software and Components Thereof 
(II); 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 Final Initial Determination and 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, specifically a limited 
exclusion order against certain network devices, related software and 
components thereof imported by and a and cease and desist order against 
respondent Arista Networks, Inc. of Santa Clara, California. This 
notice is soliciting public interest comments from the public only.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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 the Commission's 
electronic docket (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).

    The Commission is interested in further development of the record 
on the public interest in these investigations. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
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 December 9, 2016. 
Comments should address whether issuance of a limited exclusion order 
and cease and desist 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 
order are used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the recommended order;
    (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 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 January 17, 2017. Parties are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
    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 
investigation number (``Inv. No. 337-TA-945'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (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. 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,

[[Page 95195]]

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,¹ solely for cybersecurity purposes. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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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 Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

     Issued: December 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-31086 Filed 12-23-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices 95195

and contract personnel (a) for investigation are or will be available for imported sheets, that the false
developing or maintaining the records inspection during official business advertising was deceptive, material, and
of this or a related proceeding, or (b) in hours (8:45 a.m. to 5:15 p.m.) in the injurious to AAVN. AAVN sought a
internal investigations, audits, reviews, Office of the Secretary, U.S. general exclusion order and 100 percent
and evaluations relating to the International Trade Commission, 500 E bond during the Presidential review
programs, personnel, and operations of Street SW., Washington, DC 20436, period. See 19 U.S.C. 1337(d)(2), (j)(3).
the Commission including under 5 telephone (202) 205–2000. General On September 15, 2016, the
U.S.C. Appendix 3; or (ii) by U.S. information concerning the Commission Commission investigative attorney
government employees and contract may also be obtained by accessing its responded in support of the motion for
personnel,1 solely for cybersecurity Internet server at https://www.usitc.gov. leave and the accompanying summary
purposes. All nonconfidential written The public record for this investigation determination motion including its
submissions will be available for public may be viewed on the Commission’s proposed relief.
inspection at the Office of the Secretary electronic docket (EDIS) at https:// On November 10, 2016, the ALJ
and on EDIS. edis.usitc.gov. Hearing-impaired granted the motion for summary
This action is taken under the persons are advised that information on determination as the subject ID (Order
authority of section 337 of the Tariff Act this matter can be obtained by No. 21). The ALJ found that AAVN had
of 1930, as amended (19 U.S.C. 1337), contacting the Commission’s TDD shown a violation of section 337 by
and Part 210 of the Commission’s Rules terminal on (202) 205–1810. reason of false advertising under section
of Practice and Procedure (19 CFR part 43 of the Lanham Act, 15 U.S.C.
SUPPLEMENTARY INFORMATION: The
210). 1125(a)(1)(B). Order No. 21 at 7–9, 13–
Commission instituted this investigation 15. As to remedy, citing 19 U.S.C.
By order of the Commission. on December 18, 2015, based on a 1337(d)(2), which sets forth the test for
Issued: December 20, 2016. supplemented and twice-amended issuance of a general exclusion order,
Lisa R. Barton, complaint filed by AAVN, Inc. of id. at 16, the ALJ found that ‘‘the
Secretary to the Commission. Richardson, Texas (‘‘AAVN’’). 80 FR evidence shows a widespread pattern of
[FR Doc. 2016–31086 Filed 12–23–16; 8:45 am] 79094 (December 18, 2015). The violation of Section 337,’’ id. at 17. The
BILLING CODE 7020–02–P
complaint alleged violations of section ALJ also found that ‘‘the evidence
337 of the Tariff Act of 1930, as shows that it is difficult to identify the
amended (19 U.S.C. 1337), in the source and manufacturers of the falsely
INTERNATIONAL TRADE importation into the United States, the advertised products,’’ because ‘‘U.S.
COMMISSION sale for importation, or the sale within retailers fail to identify the
the United States after importation of manufacturer, importer or seller of the
[Investigation No. 337–TA–976] certain woven textile fabrics and textile products at the point of sale.’’ Id.
products containing same, by reason of at 18. Nor do import records ‘‘reveal the
Certain Woven Textile Fabrics and
infringement of claims 1–7 of U.S. names of the original manufacturers of
Products Containing Same;
Patent No. 9,131,790 (‘‘the ’790 patent’’) the materials used to construct the
Commission Determination Not To
and/or by reason of false advertising. imported products.’’ Id. Accordingly,
Review an Initial Determination Finding
The notice of investigation named the ALJ found ‘‘that the evidence shows
a Violation of Section 337; Request for
fifteen respondents. In the course of the that it is difficult, if not impossible, to
Written Submissions on Remedy, the
investigation, fourteen of the identify the sources of the falsely
Public Interest, and Bonding
respondents were terminated from the advertised goods.’’ Id. Based on these
AGENCY: U.S. International Trade investigation based upon settlement findings the ALJ recommended the
Commission. agreement or consent order. Remaining issuance of a general exclusion order.
ACTION: Notice. is Pradip Overseas Ltd. of Ahmedabad, Id. In the alternative, the ALJ
India (‘‘Pradip’’). recommended the issuance of a limited
SUMMARY: Notice is hereby given that In the complaint, AAVN accused exclusion order. Id. at 19. The ALJ
the U.S. International Trade Pradip of false advertising, specifically recommended that bond be set at 100
Commission has determined not to alleging that Pradip misrepresented the percent of the entered value of the
review the initial determination (‘‘ID’’) thread count of sheets manufactured in falsely advertised products. Id.
(Order No. 21) issued by the presiding India, imported into the United Sates, No petitions for review of the ID were
administrative law judge (‘‘ALJ’’) on and sold in United States department filed. The Commission has determined
November 10, 2016, granting summary stores. Second Am. Compl. ¶¶ 39–41, not to review the ID.
determination that one defaulting 80 (Nov. 12, 2015); id. at Ex. 46 (‘‘800 In connection with the final
respondent has violated section 337 of Thread Count’’ sheets measured at 252.7 disposition of this investigation, the
the Tariff Act of 1930, as amended. The threads). Pradip expressly defaulted. In Commission may (1) issue an order that
Commission requests written particular, although Pradip responded could result in the exclusion of the
submissions, under the schedule set to the complaint, Pradip later subject articles from entry into the
forth below, on remedy, the public terminated its relationship with its United States, and/or (2) issue one or
interest, and bonding. attorneys and represented that it would more cease and desist orders that could
FOR FURTHER INFORMATION CONTACT: not participate in the remainder of the result in the respondent(s) being
investigation. See Order No. 14 at 1 required to cease and desist from
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International (Apr. 19, 2016). engaging in unfair acts in the
Trade Commission, 500 E Street SW., On September 2, 2016, AAVN moved importation and sale of such articles.
Washington, DC 20436, telephone (202) for leave to file a summary Accordingly, the Commission is
708–2532. Copies of non-confidential determination motion. The summary interested in receiving written
documents filed in connection with this determination motion that was submissions that address the form of
appended argued, inter alia, that Pradip remedy, if any, that should be ordered.
1 All contract personnel will sign appropriate had violated section 337 by falsely If a party seeks exclusion of an article
nondisclosure agreements. advertising the thread count of its from entry into the United States for

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Document Created: 2018-02-14 09:13:20
Document Modified: 2018-02-14 09:13:20

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		Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2301. 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.
FR Citation		81 FR 95194