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)

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, 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