82 FR 29930 - Certain Liquid Crystal Ewriters and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Last Remaining Respondent Based on Withdrawal of the Complaint; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 125 (June 30, 2017)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 11) issued by the presiding administrative law judge (``ALJ'') on May 31, 2017, terminating the last remaining respondent based on a withdrawal of the complaint. The Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding concerning a previously defaulted respondent.

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29930-29931]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13686]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1035]


Certain Liquid Crystal Ewriters and Components Thereof; 
Commission Determination Not To Review an Initial Determination 
Terminating the Last Remaining Respondent Based on Withdrawal of the 
Complaint; Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 11) issued by the presiding administrative law 
judge (``ALJ'') on May 31, 2017, terminating the last remaining 
respondent based on a withdrawal of the complaint. The Commission 
requests written submissions, under the schedule set forth below, on 
remedy, public interest, and bonding concerning a previously defaulted 
respondent.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or 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: The Commission instituted this investigation 
on January 13, 2017, based on a complaint filed by Kent Displays, Inc. 
(``Kent Displays'') of Kent, Ohio. 82 FR 4418. The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain liquid crystal eWriters and components 
thereof that infringe U.S. Patent Nos. 7,351,506 and 8,947,604. Id. The 
Commission's notice of investigation named as respondents Shenzhen 
Howshow Technology Co., Ltd., d/b/a Shenzhen Howshare Technology Co., 
Ltd., d/b/a Howshare (``Howshare'') of Shenzhen, China, and Shenzhen 
SUNstone Technology Co., Ltd., d/b/a iQbe (``iQbe'') of Shenzhen, 
China. Id. The Office of Unfair Import Investigations is not 
participating in this investigation. Id.
    On April 11, 2017, the ALJ issued an ID finding iQbe in default for 
failing to respond to the complaint, the notice of investigation, and 
multiple discovery requests, and for failing to respond to an order to 
show cause why it should not be found in default. Order No. 9, not 
reviewed, Notice (May 11, 2017).
    On May 24, 2017, Kent Displays moved to terminate the investigation 
with respect to Howshare based on a withdrawal of the complaint. On May 
26, 2017, Howshare responded that it did not oppose its termination 
from the investigation.
    On May 31, 2017, the ALJ issued the subject ID, granting the motion 
and terminating the investigation with respect to Howshare. Order No. 
11. No petitions for review of the ID were filed.
    The Commission has determined not to review the subject ID.
    On June 1, 2017, Kent Displays filed a declaration seeking relief 
against the defaulted respondent iQbe pursuant to section 337(g)(1) and 
Commission Rule 210.16(c), 19 CFR 210.16(c). The declaration contains 
Kent Displays' views on remedy, the public interest, and bonding. A 
proposed limited exclusion order and a proposed cease and desist order 
are attached to the declaration.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default, 
unless, after considering the public interest, it finds that such 
relief should not issue.
    In connection with the final disposition of this investigation, the

[[Page 29931]]

Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by iQbe; and/or (2) issue cease 
and desist orders that could result in iQbe being required to cease and 
desist from engaging in unfair acts in the importation and sale of such 
articles. Accordingly, the Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry either are adversely 
affecting it or likely to do so. For background, see Certain Devices 
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, 
USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Kent Displays is requested to state the HTSUS numbers 
under which the accused products are imported, to state the dates that 
the patents expire, and to supply information concerning the identity 
of any known importers.
    Written submissions must be filed no later than the close of 
business on July 10, 2017. Reply submissions must be filed no later 
than the close of business July 17, 2017. No further submissions on 
these issues will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
true paper copies to the Office of the Secretary 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-1035'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.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, 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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    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: June 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-13686 Filed 6-29-17; 8:45 am]
 BILLING CODE 7020-02-P