82_FR_32331 82 FR 32199 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 32199 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 132 (July 12, 2017)

Page Range32199-32200
FR Document2017-14586

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof DN 3235; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Federal Register, Volume 82 Issue 132 (Wednesday, July 12, 2017)
[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Notices]
[Pages 32199-32200]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14586]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

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 received a complaint entitled Certain Mobile Electronic 
Devices and Radio Frequency and Processing Components Thereof DN 3235; 
the Commission is soliciting comments on any public interest issues 
raised by the complaint or complainant's filing pursuant to the 
Commission's Rules of Practice and Procedure.

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 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

[[Page 32200]]

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 Qualcomm Incorporated on July 
07, 2017. 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 mobile electronic devices and radio frequency 
and processing components thereof. The complaint names as a respondent, 
Apple Inc. of Cupertino, CA. 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. 3235'') 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).
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
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    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 
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\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
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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 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: July 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-14586 Filed 7-11-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                 Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices                                                  32199

                                                      Authority: We issue this notice under the              record for this investigation may be                  investigation will not be granted unless
                                                    authority of the ESA, as amended (16 U.S.C.              viewed on the Commission’s electronic                 good cause therefor is shown.
                                                    1531 et seq.).                                           docket (EDIS) at https://edis.usitc.gov.                 Failure of the respondent to file a
                                                    Joyce Russell,                                           FOR FURTHER INFORMATION CONTACT: The                  timely response to each allegation in the
                                                    Government Information Specialist, Branch                Office of the Secretary, Docket Services,             complaint and in this notice may be
                                                    of Permits, Division of Management                       U.S. International Trade Commission,                  deemed to constitute a waiver of the
                                                    Authority.                                               telephone (202) 205–1802.                             right to appear and contest the
                                                    [FR Doc. 2017–14535 Filed 7–11–17; 8:45 am]              SUPPLEMENTARY INFORMATION:                            allegations of the complaint and this
                                                    BILLING CODE 4333–15–P
                                                                                                                                                                   notice, and to authorize the
                                                                                                               Authority: The authority for institution of         administrative law judge and the
                                                                                                             this investigation is contained in section 337
                                                                                                                                                                   Commission, without further notice to
                                                                                                             of the Tariff Act of 1930, as amended, 19
                                                    INTERNATIONAL TRADE                                      U.S.C. 1337 and in section 210.10 of the              the respondent, to find the facts to be as
                                                    COMMISSION                                               Commission’s Rules of Practice and                    alleged in the complaint and this notice
                                                                                                             Procedure, 19 CFR 210.10 (2017).                      and to enter an initial determination
                                                    [Investigation No. 337–TA–1062]                                                                                and a final determination containing
                                                                                                               Scope of Investigation: Having
                                                                                                                                                                   such findings, and may result in the
                                                    Certain Backpack Chairs; Institution of                  considered the complaint, the U.S.
                                                                                                                                                                   issuance of an exclusion order or a cease
                                                    Investigation                                            International Trade Commission, on
                                                                                                                                                                   and desist order or both directed against
                                                                                                             July 6, 2017, ordered that—
                                                    AGENCY: U.S. International Trade                                                                               the respondent.
                                                                                                               (1) Pursuant to subsection (b) of
                                                    Commission.                                              section 337 of the Tariff Act of 1930, as               By order of the Commission.
                                                    ACTION: Notice.                                          amended, an investigation be instituted                 Issued: July 7, 2017.
                                                                                                             to determine whether there is a                       Lisa R. Barton,
                                                    SUMMARY:    Notice is hereby given that a                violation of subsection (a)(1)(B) of                  Secretary to the Commission.
                                                    complaint was filed with the U.S.                        section 337 in the importation into the               [FR Doc. 2017–14585 Filed 7–11–17; 8:45 am]
                                                    International Trade Commission on June                   United States, the sale for importation,
                                                    8, 2017, under section 337 of the Tariff                                                                       BILLING CODE 7020–02–P
                                                                                                             or the sale within the United States after
                                                    Act of 1930, as amended, on behalf of                    importation of certain backpack chairs
                                                    Rio Brands, LLC of West Conshohocken,                    by reason of infringement of claim 10 of              INTERNATIONAL TRADE
                                                    Pennsylvania. A supplement to the                        the ’022 patent, and whether an                       COMMISSION
                                                    complaint was filed on June 23, 2017.                    industry in the United States exists as
                                                    The complaint, as supplemented,                          required by subsection (a)(2) of section              Notice of Receipt of Complaint;
                                                    alleges violations of section 337 based                  337;                                                  Solicitation of Comments Relating to
                                                    upon the importation into the United                       (2) For the purpose of the                          the Public Interest
                                                    States, the sale for importation, and the                investigation so instituted, the following
                                                    sale within the United States after                      are hereby named as parties upon which                AGENCY: U.S. International Trade
                                                    importation of certain backpack chairs                   this notice of investigation shall be                 Commission.
                                                    by reason of infringement of a claim of                  served:                                               ACTION: Notice.
                                                    U.S. Patent No. RE 39,022 (‘‘the ’022                      (a) The complainant is: Rio Brands,
                                                    patent’’). The complaint further alleges                                                                       SUMMARY:   Notice is hereby given that
                                                                                                             LLC, 100 Front Street, Suite 1350, West
                                                    that an industry in the United States                                                                          the U.S. International Trade
                                                                                                             Conshohocken, PA 19428.
                                                    exists as required by the applicable                                                                           Commission has received a complaint
                                                                                                               (b) The respondent is the following
                                                    Federal Statute.                                                                                               entitled Certain Mobile Electronic
                                                                                                             entity alleged to be in violation of
                                                       The complainant requests that the                                                                           Devices and Radio Frequency and
                                                                                                             section 337, and is the party upon
                                                    Commission institute an investigation                                                                          Processing Components Thereof DN
                                                                                                             which the complaint is to be served: GCI
                                                    and, after the investigation, issue a                                                                          3235; the Commission is soliciting
                                                                                                             Outdoor, Inc., 66 Killingworth Road,
                                                    limited exclusion order and a cease and                                                                        comments on any public interest issues
                                                                                                             Higganum, CT 06441.
                                                    desist order.                                              (3) For the investigation so instituted,            raised by the complaint or
                                                    ADDRESSES: The complaint, except for                     the Chief Administrative Law Judge,                   complainant’s filing pursuant to the
                                                    any confidential information contained                   U.S. International Trade Commission,                  Commission’s Rules of Practice and
                                                    therein, is available for inspection                     shall designate the presiding                         Procedure.
                                                    during official business hours (8:45 a.m.                Administrative Law Judge.                             FOR FURTHER INFORMATION CONTACT:     Lisa
                                                    to 5:15 p.m.) in the Office of the                         The Office of Unfair Import                         R. Barton, Secretary to the Commission,
                                                    Secretary, U.S. International Trade                      Investigations will not participate as a              U.S. International Trade Commission,
                                                    Commission, 500 E Street SW., Room                       party in this investigation.                          500 E Street SW., Washington, DC
                                                    112, Washington, DC 20436, telephone                       Responses to the complaint and the                  20436, telephone (202) 205–2000. The
                                                    (202) 205–2000. Hearing impaired                         notice of investigation must be                       public version of the complaint can be
                                                    individuals are advised that information                 submitted by the named respondent in                  accessed on the Commission’s
                                                    on this matter can be obtained by                        accordance with section 210.13 of the                 Electronic Document Information
                                                    contacting the Commission’s TDD                          Commission’s Rules of Practice and                    System (EDIS) at https://edis.usitc.gov,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    terminal on (202) 205–1810. Persons                      Procedure, 19 CFR 210.13. Pursuant to                 and will be available for inspection
                                                    with mobility impairments who will                       19 CFR 201.16(e) and 210.13(a), such                  during official business hours (8:45 a.m.
                                                    need special assistance in gaining access                responses will be considered by the                   to 5:15 p.m.) in the Office of the
                                                    to the Commission should contact the                     Commission if received not later than 20              Secretary, U.S. International Trade
                                                    Office of the Secretary at (202) 205–                    days after the date of service by the                 Commission, 500 E Street SW.,
                                                    2000. General information concerning                     Commission of the complaint and the                   Washington, DC 20436, telephone (202)
                                                    the Commission may also be obtained                      notice of investigation. Extensions of                205–2000.
                                                    by accessing its internet server at                      time for submitting responses to the                    General information concerning the
                                                    https://www.usitc.gov. The public                        complaint and the notice of                           Commission may also be obtained by


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                                                    32200                        Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices

                                                    accessing its Internet server at United                  party suppliers have the capacity to                   and evaluations relating to the
                                                    States International Trade Commission                    replace the volume of articles                         programs, personnel, and operations of
                                                    (USITC) at https://www.usitc.gov. The                    potentially subject to the requested                   the Commission including under 5
                                                    public record for this investigation may                 exclusion order and/or a cease and                     U.S.C. Appendix 3; or (ii) by U.S.
                                                    be viewed on the Commission’s                            desist order within a commercially                     government employees and contract
                                                    Electronic Document Information                          reasonable time; and                                   personnel,2 solely for cybersecurity
                                                    System (EDIS) at https://edis.usitc.gov.                    (v) explain how the requested                       purposes. All nonconfidential written
                                                    Hearing-impaired persons are advised                     remedial orders would impact United                    submissions will be available for public
                                                    that information on this matter can be                   States consumers.                                      inspection at the Office of the Secretary
                                                    obtained by contacting the                                  Written submissions must be filed no                and on EDIS.3
                                                    Commission’s TDD terminal on (202)                       later than by close of business, eight                   This action is taken under the
                                                    205–1810.                                                calendar days after the date of                        authority of section 337 of the Tariff Act
                                                    SUPPLEMENTARY INFORMATION: The                           publication of this notice in the Federal              of 1930, as amended (19 U.S.C. 1337),
                                                    Commission has received a complaint                      Register. There will be further                        and of §§ 201.10 and 210.8(c) of the
                                                    and a submission pursuant to § 210.8(b)                  opportunities for comment on the                       Commission’s Rules of Practice and
                                                    of the Commission’s Rules of Practice                    public interest after the issuance of any              Procedure (19 CFR 201.10, 210.8(c)).
                                                    and Procedure filed on behalf of                         final initial determination in this                      By order of the Commission.
                                                    Qualcomm Incorporated on July 07,                        investigation.
                                                                                                                                                                      Issued: July 7, 2017.
                                                    2017. The complaint alleges violations                      Persons filing written submissions
                                                                                                             must file the original document                        Lisa R. Barton,
                                                    of section 337 of the Tariff Act of 1930
                                                                                                             electronically on or before the deadlines              Secretary to the Commission.
                                                    (19 U.S.C. 1337) in the importation into
                                                    the United States, the sale for                          stated above and submit 8 true paper                   [FR Doc. 2017–14586 Filed 7–11–17; 8:45 am]
                                                    importation, and the sale within the                     copies to the Office of the Secretary by               BILLING CODE 7020–02–P

                                                    United States after importation of                       noon the next day pursuant to § 210.4(f)
                                                    certain mobile electronic devices and                    of the Commission’s Rules of Practice
                                                    radio frequency and processing                           and Procedure (19 CFR 210.4(f)).                       DEPARTMENT OF JUSTICE
                                                    components thereof. The complaint                        Submissions should refer to the docket
                                                    names as a respondent, Apple Inc. of                     number (‘‘Docket No. 3235’’) in a                      Drug Enforcement Administration
                                                    Cupertino, CA. The complainant                           prominent place on the cover page and/
                                                                                                             or the first page. (See Handbook for                   Sassan Bassiri, D.D.S.; Decision and
                                                    requests that the Commission issue a
                                                    limited exclusion order, a cease and                     Electronic Filing Procedures, Electronic               Order
                                                    desist order, and impose a bond upon                     Filing Procedures 1). Persons with                        On February 7, 2017, the Assistant
                                                    respondents’ alleged infringing articles                 questions regarding filing should                      Administrator, Diversion Control
                                                    during the 60-day Presidential review                    contact the Secretary (202–205–2000).                  Division, Drug Enforcement
                                                    period pursuant to 19 U.S.C. 1337(j).                       Any person desiring to submit a                     Administration (DEA), issued an Order
                                                       Proposed respondents, other                           document to the Commission in                          to Show Cause to Sassan Bassiri, D.D.S.
                                                    interested parties, and members of the                   confidence must request confidential                   (Applicant), of King, North Carolina.
                                                    public are invited to file comments, not                 treatment. All such requests should be                 The Show Cause Order proposed the
                                                    to exceed five (5) pages in length,                      directed to the Secretary to the                       denial of his application for a DEA
                                                    inclusive of attachments, on any public                  Commission and must include a full                     Certificate of Registration on the ground
                                                    interest issues raised by the complaint                  statement of the reasons why the                       that he has ‘‘been excluded from
                                                    or § 210.8(b) filing. Comments should                    Commission should grant such                           participation in a program pursuant to
                                                    address whether issuance of the relief                   treatment. See 19 CFR 201.6. Documents                 42 U.S.C. 1320a–7(a).’’ Government
                                                    specifically requested by the                            for which confidential treatment by the                Exhibit (GX) H, at 1 (citing 21 U.S.C.
                                                    complainant in this investigation would                  Commission is properly sought will be                  824(a)(5)).
                                                    affect the public health and welfare in                  treated accordingly. All such requests                    With respect to the Agency’s
                                                    the United States, competitive                           should be directed to the Secretary to                 jurisdiction, the Show Cause Order
                                                    conditions in the United States                          the Commission and must include a full                 alleged that on February 9, 2016,
                                                    economy, the production of like or                       statement of the reasons why the                       Applicant ‘‘applied for a DEA
                                                    directly competitive articles in the                     Commission should grant such                           [Certificate of Registration] as a
                                                    United States, or United States                          treatment. See 19 CFR 201.6. Documents                 practitioner in Schedules II–V’’ at the
                                                    consumers.                                               for which confidential treatment by the                registered address of 226 Kirby Road,
                                                       In particular, the Commission is                      Commission is properly sought will be                  King, North Carolina. Id. at 2.
                                                    interested in comments that:                             treated accordingly. All information,                     Regarding the substantive ground for
                                                       (i) explain how the articles potentially              including confidential business                        the proceeding, the Show Cause Order
                                                    subject to the requested remedial orders                 information and documents for which                    alleged that on February 28, 2014, the
                                                    are used in the United States;                           confidential treatment is properly                     Office of the Inspector General for the
                                                       (ii) identify any public health, safety,              sought, submitted to the Commission for                U.S. Department of Health and Human
                                                    or welfare concerns in the United States                 purposes of this Investigation may be                  Services (HHS) notified Applicant that,
                                                    relating to the requested remedial                       disclosed to and used: (i) By the                      effective March 20, 2014, he would be
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    orders;                                                  Commission, its employees and Offices,                 excluded from participation in any
                                                       (iii) identify like or directly                       and contract personnel (a) for                         capacity in the Medicare, Medicaid, and
                                                    competitive articles that complainant,                   developing or maintaining the records                  all Federal health care programs for five
                                                    its licensees, or third parties make in the              of this or a related proceeding, or (b) in             years because he was convicted of a
                                                    United States which could replace the                    internal investigations, audits, reviews,
                                                    subject articles if they were to be                                                                               2 All contract personnel will sign appropriate
                                                    excluded;                                                     1 Handbook
                                                                                                                           for Electronic Filing Procedures:        nondisclosure agreements.
                                                       (iv) indicate whether complainant,                    https://www.usitc.gov/documents/handbook_on_             3 Electronic Document Information System

                                                    complainant’s licensees, and/or third                    filing_procedures.pdf.                                 (EDIS): https://edis.usitc.gov.



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Document Created: 2017-07-12 03:00:32
Document Modified: 2017-07-12 03:00:32
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 Citation82 FR 32199 

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