82 FR 27075 - Large Residential Washers; Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 112 (June 13, 2017)

Page Range		27075-27078
FR Document		2017-12160

Following receipt of a petition for import relief, as amended and properly filed on June 5, 2017, the Commission has instituted investigation No. TA-201-76 pursuant to section 202 of the Trade Act of 1974 (``the Act'') to determine whether large residential washers (``LRWs'') are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. The Commission has deemed the petition, as amended, to have been properly filed on June 5, 2017. The Commission has determined that this investigation is ``extraordinarily complicated,'' and will make its injury determination within 122 days after the petition was filed, or by October 5, 2017. The Commission will submit to the President the report required under section 202(f) of the Act within 180 days after the date on which the petition was deemed filed, or by December 4, 2017.

Federal Register, Volume 82 Issue 112 (Tuesday, June 13, 2017)

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27075-27078]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12160]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-76]

Large Residential Washers; Institution and Scheduling of
Safeguard Investigation and Determination That the Investigation Is
Extraordinarily Complicated

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public
hearings.

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SUMMARY: Following receipt of a petition for import relief, as amended
and properly filed on June 5, 2017, the Commission has instituted
investigation No. TA-201-76 pursuant to section 202 of the Trade Act of
1974 (``the Act'') to determine whether large residential washers
(``LRWs'') are being imported into the United States in such increased
quantities as to be a substantial cause of serious injury, or the
threat thereof, to the domestic industry producing an article like or
directly competitive with the imported articles. The Commission

[[Page 27076]]

has deemed the petition, as amended, to have been properly filed on
June 5, 2017. The Commission has determined that this investigation is
``extraordinarily complicated,'' and will make its injury determination
within 122 days after the petition was filed, or by October 5, 2017.
The Commission will submit to the President the report required under
section 202(f) of the Act within 180 days after the date on which the
petition was deemed filed, or by December 4, 2017.

DATES: Effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-205-3169),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 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.

SUPPLEMENTARY INFORMATION:
Background.--This investigation is being instituted, pursuant to
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as
amended and properly filed on June 5, 2017, by Whirlpool Corporation
(``Whirlpool''), a producer of LRWs in the United States. Whirlpool
alleges that LRWs are being imported into the United States in such
increased quantities as to be a substantial cause of serious injury, or
the threat thereof, to the domestic industry producing an article like
or directly competitive with the imported article. The Commission must
submit its report on this investigation to the President no later than
180 days after institution, which in this case falls on December 4,
2017. (19 U.S.C. 2252(f)).
The articles covered by this investigation are all LRWs and certain
parts thereof. For purposes of this petition, the term LRWs denotes all
automatic clothes washing machines, regardless of the orientation of
the rotational axis, with a cabinet width (measured from its widest
point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches
(81.28 cm), except as noted below.
Also covered are certain parts used in large residential washers,
namely: (1) All cabinets, or portions thereof, designed for use in
large residential washers; (2) all assembled tubs \1\ designed for use
in large residential washers which incorporate, at a minimum: (a) A
tub; and (b) a seal; (3) all assembled baskets \2\ designed for use in
large residential washers which incorporate, at a minimum: (a) A side
wrapper; \3\ (b) a base; and (c) a drive hub; \4\ and (4) any
combination of the foregoing parts or subassemblies.
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\1\ A ``tub'' is the part of the washer designed to hold water.
\2\ A ``basket'' (sometimes referred to as a ``drum'') is the
part of the washer designed to hold clothing or other fabrics.
\3\ A ``side wrapper'' is the cylindrical part of the basket
that actually holds the clothing or other fabrics.
\4\ A ``drive hub'' is the hub at the center of the base that
bears the load from the motor.
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Excluded from the scope are stacked washer-dryers and commercial
washers. The term ``stacked washer-dryers'' denotes distinct washing
and drying machines that are built on a unitary frame and share a
common console that controls both the washer and the dryer. The term
``commercial washer'' denotes an automatic clothes washing machine
designed for the ``pay per use'' segment meeting either of the
following two definitions:
(1)(a) It contains payment system electronics; \5\ (b) it is
configured with an externally mounted steel frame at least six inches
high that is designed to house a coin/token operated payment system
(whether or not the actual coin/token operated payment system is
installed at the time of importation); (c) it contains a push button
user interface with a maximum of six manually selectable wash cycle
settings, with no ability of the end user to otherwise modify water
temperature, water level, or spin speed for a selected wash cycle
setting; and (d) the console containing the user interface is made of
steel and is assembled with security fasteners; \6\ or
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\5\ ``Payment system electronics'' denotes a circuit board
designed to receive signals from a payment acceptance device and to
display payment amount, selected settings, and cycle status. Such
electronics also capture cycles and payment history and provide for
transmission to a reader.
\6\ A ``security fastener'' is a screw with a non-standard head
that requires a non-standard driver. Examples include those with a
pin in the center of the head as a ``center pin reject'' feature to
prevent standard Allen wrenches or Torx drivers from working.
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(2)(a) it contains payment system electronics; (b) the payment
system electronics are enabled (whether or not the payment acceptance
device has been installed at the time of importation) such that, in
normal operation,\7\ the unit cannot begin a wash cycle without first
receiving a signal from a bona fide payment acceptance device such as
an electronic credit card reader; (c) it contains a push button user
interface with a maximum of six manually selectable wash cycle
settings, with no ability of the end user to otherwise modify water
temperature, water level, or spin speed for a selected wash cycle
setting; and (d) the console containing the user interface is made of
steel and is assembled with security fasteners.
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\7\ ``Normal operation'' refers to the operating mode(s)
available to end users (i.e., not a mode designed for testing or
repair by a technician).
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Also excluded from the scope are automatic clothes washing machines
that meet all of the following conditions: (1) Have a vertical
rotational axis; (2) are top loading; \8\ (3) have a drive train
consisting, inter alia, of (a) a permanent split capacitor (PSC)
motor,\9\ (b) a belt drive,\10\ and (c) a flat wrap spring clutch.\11\
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\8\ ``Top loading'' means that access to the basket is from the
top of the washer.
\9\ A ``PSC motor'' is an asynchronous, alternating current
(AC), single phase induction motor that employs split phase
capacitor technology.
\10\ A ``belt drive'' refers to a drive system that includes a
belt and pulleys.
\11\ A ``flat wrap spring clutch'' is a flat metal spring that,
when engaged, links abutted cylindrical pieces on the input shaft
with the end of the concentric output shaft that connects to the
drive hub.
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Also excluded from the scope are automatic clothes washing machines
that meet all of the following conditions: (1) Have a horizontal
rotational axis; (2) are front loading; \12\ and (3) have a drive train
consisting, inter alia, of (a) a controlled induction motor (CIM),\13\
and (b) a belt drive.
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\12\ ``Front loading'' means that access to the basket is from
the front of the washer.
\13\ A ``controlled induction motor'' is an asynchronous,
alternating current (AC), polyphase induction motor.
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Also excluded from the scope are automatic clothes washing machines
that meet all of the following conditions: (1) Have a horizontal
rotational axis; (2) are front loading; and (3) have cabinet width
(measured from its widest point) of more than 28.5 inches (72.39 cm).
For Customs purposes, the LRWs covered by the investigation are
provided for under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheading 8450.20.00. LRWs and certain parts thereof
subject to this petition may also be imported under HTSUS subheadings
8450.11.00, 8450.90.20, and 8450.90.60. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise subject to this petition is dispositive.
Determination to institute this investigation.--Whirlpool initially

[[Page 27077]]

submitted a petition on May 31, 2017. On June 2, 2017, Commission staff
sent a letter requesting that Whirlpool supply additional data on its
percentage share of total domestic production and estimated data in
calculating import-to-production ratios, apparent consumption, and
market shares held by imports and domestic producers, in compliance
with Commission Rule 206.14 (19 CFR 206.14). On June 5, 2017, Whirlpool
amended its petition and provided the additional data requested by
Commission staff. The Commission determined that the petition, as
amended, was properly filed as of June 5, 2017.
Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is
``extraordinarily complicated'' within the meaning of section
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's
decision to designate this investigation ``extraordinarily
complicated'' is based on the complexity of the issues, including the
existence of antidumping and/or countervailing duty orders on certain
imports covered by this investigation. Ordinarily, the Commission would
have been required to make its injury determination within 120 days
after the petition was filed, or by October 3, 2017. (19 U.S.C.
(b)(2)(A)). The statute permits the Commission to take up to 30
additional days to make its injury determination in an investigation
where it determines that the investigation is extraordinarily
complicated. In this instance, the Commission intends to take two extra
days and make its injury determination by October 5, 2017.
Participation in the investigation and public service list.--
Persons (other than petitioner) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, not later than 21 days after publication of this
notice in the Federal Register. The Secretary will prepare a service
list containing the names and addresses of all persons, or their
representatives, who are parties to this investigation upon the
expiration of the period for filing entries of appearance.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants representing interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued in the investigation, provided
that the application is made not later than 21 days after the
publication of this notice in the Federal Register. A separate service
list will be maintained by the Secretary for those parties authorized
to receive CBI under the APO.
The Commission may include CBI in the reports it sends to the
President and to the U.S. Trade Representative. Additionally, all
information, including CBI, submitted in this investigation may be
disclosed to and used by (i) 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 for
cybersecurity purposes. The Commission will not otherwise disclose any
CBI in a manner that would reveal the operations of the firm supplying
the information.
Hearings on injury and remedy.--The Commission has scheduled
separate hearings in connection with the injury and remedy phases of
this investigation. The hearing on injury will be held beginning at
9:30 a.m. on September 7, 2017, at the U.S. International Trade
Commission Building, 500 E Street SW., Washington, DC. In the event
that the Commission makes an affirmative injury determination or is
equally divided on the question of injury in this investigation, a
hearing on the question of remedy will be held beginning at 9:30 a.m.
on October 19, 2017. Requests to appear at the hearings should be filed
in writing with the Secretary to the Commission on or before August 31,
2017 for the injury hearing, and October 13, 2017 for the remedy
hearing. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearings. All parties and nonparties desiring to appear at the
hearings and make oral presentations should participate in prehearing
conferences to be held on September 5, 2017 for the injury hearing and
October 17, 2017 for the remedy hearing, if deemed necessary. Oral
testimony and written materials to be submitted at the public hearings
are governed by sections 201.6(b)(2) 201.13(f), and 206.5 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the respective hearings.
Written submissions.--Each party who is an interested party may
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of sections 201.8, 206.7, and 206.8 of the
Commission's rules. The deadline for filing prehearing briefs on injury
is August 29, 2017; that for filing prehearing briefs on remedy,
including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is
October 12, 2017. Parties may also file written testimony in connection
with their presentation at the hearing, as provided in sections 201.13,
206.5, and 206.8 of the Commission's rules, and posthearing briefs,
which must conform with the provisions of sections 201.8, 201.13,
206.7, and 206.8 of Commission's rules. The deadline for filing
posthearing briefs for the injury phase of the investigation is
September 14, 2017; the deadline for filing posthearing briefs for the
remedy phase of the investigation, if any, is October 26, 2017. In
addition, any person who has not entered an appearance as a party to
the investigation may submit a written statement of information
pertinent to the consideration of injury on or before September 14,
2017, and pertinent to the consideration of remedy on or before October
26, 2017. All written submissions must conform with the provisions of
section 201.8 of the Commission's rules; any submissions that contain
CBI must also conform with the requirements of sections 201.6 and
206.17 of the Commission's rules. The Commission's Handbook on E-
Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf,
elaborates upon the Commission's rules with respect to electronic
filing.
Any additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, will not
be accepted unless good cause is shown for accepting such a submission,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with section 201.16(c) of the Commission's rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (as identified by the service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
For further information concerning the conduct of this
investigation and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A and
B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206).

[[Page 27078]]

Authority: This investigation is being conducted under
authority of Section 202 of the Act; this notice is published
pursuant to section 203(b)(3) of the Act.

By order of the Commission.

Issued: June 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12160 Filed 6-12-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices 27075

your entire comment—including your is depicted on Map No. 634/129,621, Commission following notification of a
personal identifying information—may dated June 2016. preliminary determination by
be made publicly available at any time. 54 U.S.C. 100506(c) provides that, Commerce that imports of finished
While you can ask us in your comment after notifying the House Committee on carbon steel flanges from Spain were
to withhold your personal identifying Natural Resources and the Senate sold at LTFV within the meaning of
information from public review, we Committee on Energy and Natural 733(b) of the Act (19 U.S.C. 1673b(b)).
cannot guarantee that we will be able to Resources, the Secretary of the Interior Notice of the scheduling of the final
do so. is authorized to make this boundary phase of the Commission’s investigation
revision upon publication of notice in and of a public hearing to be held in
Authority the Federal Register. The Committees connection therewith was given by
We provide this notice under section have been notified of this boundary posting copies of the notice in the Office
10 of the Act (16 U.S.C. 1531 et seq.). revision. This boundary revision and of the Secretary, U.S. International
Dated: March 28, 2017. subsequent acquisition will contribute Trade Commission, Washington, DC,
to the protection of local watersheds, and by publishing the notice in the
Nicole Alt,
add valuable plant and wildlife habitat, Federal Register on February 17, 2017
Deputy Assistant Regional Director,
and increase recreational opportunities, (82 FR 11056). The hearing was held in
Mountain-Prairie Region.
as well as contribute to the preservation Washington, DC, on April 25, 2017, and
[FR Doc. 2017–12178 Filed 6–12–17; 8:45 am]
of the scenic character of the area. all persons who requested the
BILLING CODE 4333–15–P
Dated: December 2, 2016. opportunity were permitted to appear in
Cameron H. Sholly, person or by counsel.
DEPARTMENT OF THE INTERIOR Regional Director, Midwest Region. The Commission made this
determination pursuant to section
National Park Service Editorial Note: The Office of the 735(b) of the Act (19 U.S.C. 1673d(b)).
Federal Register received this document It completed and filed its determination
on June 7, 2017. in this investigation on June 7, 2017.
[NPS–MWR–SLBE–22512;
PS.SMWLA0058.00.1] [FR Doc. 2017–12150 Filed 6–12–17; 8:45 am] The views of the Commission are
BILLING CODE 4312–52–P contained in USITC Publication 4696
Minor Boundary Revision at Sleeping (June 2017), entitled Finished Carbon
Bear Dunes National Lakeshore Steel Flanges from Spain: Investigation
INTERNATIONAL TRADE No. 731–TA–1333 (Final).
AGENCY: National Park Service, Interior.
COMMISSION By order of the Commission.
ACTION: Notification of boundary
revision. [Investigation No. 731–TA–1333 (Final)] Issued: June 7, 2017.
Lisa R. Barton,
SUMMARY: The boundary of Sleeping Finished Carbon Steel Flanges From Secretary to the Commission.
Bear Dunes National Lakeshore is Spain [FR Doc. 2017–12159 Filed 6–12–17; 8:45 am]
modified to include 46 acres of land Determination BILLING CODE 7020–02–P
located in Benzie County, Michigan,
immediately adjacent to the boundary of On the basis of the record 1 developed
the national lakeshore. The United in the subject investigation, the United INTERNATIONAL TRADE
States will purchase, from willing States International Trade Commission COMMISSION
sellers, two parcels containing 45 acres (‘‘Commission’’) determines,2 pursuant
of land. The third parcel contains one to the Tariff Act of 1930 (‘‘the Act’’), [Investigation No. TA–201–76]
acre and will be acquired by donation. that an industry in the United States is
materially injured by reason of imports Large Residential Washers; Institution
DATES: The effective date of this and Scheduling of Safeguard
of finished carbon steel flanges from
boundary revision is June 13, 2017. Investigation and Determination That
Spain, provided for in subheading
ADDRESSES: The map depicting this 7307.91.50 of the Harmonized Tariff the Investigation Is Extraordinarily
boundary revision is available for Schedule of the United States, that have Complicated
inspection at the following locations: been found by the Department of
National Park Service, Land Resources AGENCY: United States International
Commerce (‘‘Commerce’’) to be sold in Trade Commission.
Program Center, Midwest Region, 601 the United States at less than fair value
Riverfront Drive, Omaha, Nebraska ACTION: Notice of institution of
(‘‘LTFV’’). investigation and scheduling of public
68102 and National Park Service,
Department of the Interior, 1849 C Street Background hearings.
NW., Washington, DC 20240. The Commission, pursuant to section SUMMARY: Following receipt of a petition
FOR FURTHER INFORMATION CONTACT: 735(b) of the Act (19 U.S.C. 1673d(b)), for import relief, as amended and
Chief Realty Officer Daniel L. Betts, instituted this investigation effective properly filed on June 5, 2017, the
National Park Service, Land Resources June 30, 2016, following receipt of a Commission has instituted investigation
Program Center, Midwest Region, 601 petition filed with the Commission and No. TA–201–76 pursuant to section 202
Riverfront Drive, Omaha, Nebraska Commerce by Weldbend Corporation, of the Trade Act of 1974 (‘‘the Act’’) to
68102, telephone (402) 661–1780. Argo, Illinois and Boltex Mfg. Co., L.P., determine whether large residential
nlaroche on DSK30NT082PROD with NOTICES

SUPPLEMENTARY INFORMATION: Notice is Houston, Texas. The final phase of this washers (‘‘LRWs’’) are being imported
hereby given that, pursuant to 54 U.S.C. investigation was scheduled by the into the United States in such increased
100506(c), the boundary of Sleeping quantities as to be a substantial cause of
1 The record is defined in sec. 207.2(f) of the
Bear Dunes National Lakeshore is serious injury, or the threat thereof, to
Commission’s Rules of Practice and Procedure (19
modified to include 46 acres of adjacent CFR 207.2(f)). the domestic industry producing an
land identified as Tracts 46–162, 67– 2 Commissioner F. Scott Kieff did not participate article like or directly competitive with
161, and 67–162. The boundary revision in the vote. the imported articles. The Commission

VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1

27078 Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices

Authority: This investigation is being (202) 205–2000. Hearing impaired Sony Corporation, 1–7–1 Konan Minato-
conducted under authority of Section 202 of individuals are advised that information ku, Tokyo, 108–0075, Japan
the Act; this notice is published pursuant to on this matter can be obtained by Sony Corporation of America, 25
section 203(b)(3) of the Act. contacting the Commission’s TDD Madison Avenue, New York, NY
By order of the Commission. terminal on (202) 205–1810. Persons 10010–8601
Issued: June 7, 2017. with mobility impairments who will Sony Electronics Inc., 16535 Via
Lisa R. Barton, need special assistance in gaining access Esprillo, San Diego, CA 92127
Secretary to the Commission. to the Commission should contact the Sony Interactive Entertainment, Inc., 1–
[FR Doc. 2017–12160 Filed 6–12–17; 8:45 am] Office of the Secretary at (202) 205– 7–1 Konan Minato-ku, Tokyo, 108–
BILLING CODE 7020–02–P
2000. General information concerning 0075, Japan
the Commission may also be obtained Sony Mobile Communications (USA),
by accessing its internet server at Inc., 2207 Bridgepointe Parkway, San
INTERNATIONAL TRADE https://www.usitc.gov. The public Mateo, CA 94404
COMMISSION record for this investigation may be Sony Interactive Entertainment LLC,
viewed on the Commission’s electronic 2207 Bridgepointe Parkway, San
[Investigation No. 337–TA–1060] docket (EDIS) at https://edis.usitc.gov. Mateo, CA 94404
Certain Consumer Electronic Devices, FOR FURTHER INFORMATION CONTACT: Sony Interactive Entertainment America
Including Televisions, Gaming Pathenia M. Proctor, The Office of LLC, 2207 Bridgepointe Parkway, San
Consoles, Mobile Phones and Tablets, Unfair Import Investigations, U.S. Mateo, CA 94404
and Network-Enabled DVD and Blu- International Trade Commission, (c) The Office of Unfair Import
Ray Players; Institution of telephone (202) 205–2560. Investigations, U.S. International Trade
Investigation SUPPLEMENTARY INFORMATION: Commission, 500 E Street SW., Suite
Authority: The authority for institution of 401, Washington, DC 20436; and
AGENCY: U.S. International Trade this investigation is contained in section 337 (3) For the investigation so instituted,
Commission. of the Tariff Act of 1930, as amended, 19 the Chief Administrative Law Judge,
ACTION: Notice. U.S.C. 1337 and in section 210.10 of the U.S. International Trade Commission,
Commission’s Rules of Practice and shall designate the presiding
SUMMARY: Notice is hereby given that a Procedure, 19 CFR 210.10 (2017). Administrative Law Judge.
complaint was filed with the U.S. Scope of Investigation: Having Responses to the complaint and the
International Trade Commission on May considered the complaint, the U.S. notice of investigation must be
9, 2017, under section 337 of the Tariff International Trade Commission, on submitted by the named respondents in
Act of 1930, as amended, on behalf of June 6, 2017, ordered that— accordance with section 210.13 of the
ARRIS Enterprises LLC of Suwanee, (1) Pursuant to subsection (b) of Commission’s Rules of Practice and
Georgia. Supplements were filed on section 337 of the Tariff Act of 1930, as Procedure, 19 CFR 210.13. Pursuant to
May 26, 2017. The complaint alleges amended, an investigation be instituted 19 CFR 201.16(e) and 210.13(a), such
violations of section 337 based upon the to determine whether there is a responses will be considered by the
importation into the United States, the violation of subsection (a)(1)(B) of Commission if received not later than 20
sale for importation, and the sale within section 337 in the importation into the days after the date of service by the
the United States after importation of United States, the sale for importation, Commission of the complaint and the
certain consumer electronic devices, or the sale within the United States after notice of investigation. Extensions of
including televisions, gaming consoles, importation of certain consumer time for submitting responses to the
mobile phones and tablets, and electronic devices, including complaint and the notice of
network-enabled DVD and Blu-ray televisions, gaming consoles, mobile investigation will not be granted unless
players by reason of infringement of phones and tablets, and network- good cause therefor is shown.
U.S. Patent No. 6,473,858 (‘‘the ’858 enabled DVD and Blu-ray players by Failure of a respondent to file a timely
patent’’); U.S. Patent No. 6,934,148 (‘‘the reason of infringement of one or more of response to each allegation in the
’148 patent’’); U.S. Patent No. 7,113,502 claims 29, 33–39, 42, and 43 of the ’858 complaint and in this notice may be
(‘‘the ’502 patent’’); U.S. Patent No. patent; claims 1, 2, and 4 of the ’148 deemed to constitute a waiver of the
7,752,564 (‘‘the ’564 patent’’); U.S. patent; claims 1–6, 18–21, and 34–37 of right to appear and contest the
Patent No. 8,300,156 (‘‘the ’156 patent’’); the ’502 patent; claims 1–6 and 8–22 of allegations of the complaint and this
and U.S. Patent No. 9,521,466 (‘‘the ’466 the ’564 patent; claims 1–6, 9, and 11– notice, and to authorize the
patent’’). The complaint further alleges 31 of the ’156 patent; and claims 1–5, administrative law judge and the
that an industry in the United States 7, 8, 12, and 15–17 of the ’466 patent, Commission, without further notice to
exists as required by the applicable and whether an industry in the United the respondent, to find the facts to be as
Federal Statute. States exists as required by subsection alleged in the complaint and this notice
The complainant requests that the (a)(2) of section 337; and to enter an initial determination
Commission institute an investigation (2) For the purpose of the and a final determination containing
and, after the investigation, issue a investigation so instituted, the following such findings, and may result in the
limited exclusion order and cease and are hereby named as parties upon which issuance of an exclusion order or a cease
desist orders. this notice of investigation shall be and desist order or both directed against
ADDRESSES: The complaint, except for served: the respondent.
nlaroche on DSK30NT082PROD with NOTICES

any confidential information contained (a) The complainant is: ARRIS
By order of the Commission.
therein, is available for inspection Enterprises LLC, 3871 Lakefield Drive,
during official business hours (8:45 a.m. Issued: June 7, 2017.
Suwanee, GA 30024.
to 5:15 p.m.) in the Office of the (b) The respondents are the following Lisa R. Barton,
Secretary, U.S. International Trade entities alleged to be in violation of Secretary to the Commission.
Commission, 500 E Street SW., Room section 337, and are the parties upon [FR Doc. 2017–12158 Filed 6–12–17; 8:45 am]
112, Washington, DC 20436, telephone which the complaint is to be served: BILLING CODE 7020–02–P

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Document Created: 2017-06-13 00:21:47
Document Modified: 2017-06-13 00:21:47

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 of institution of investigation and scheduling of public hearings.
Dates		Effective June 5, 2017.
Contact		Michael Szustakowski (202-205-3169), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 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.
FR Citation		82 FR 27075