82 FR 40804 - Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement; Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 165 (August 28, 2017)
Federal Register Volume 82, Issue 165 (August 28, 2017)
| Page Range | 40804-40805 | |
| FR Document | 2017-18140 |
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)] [Notices] [Pages 40804-40805] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18140] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1039] Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 30) of the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the above-captioned investigation in its entirety based on a Settlement Agreement and Related Agreements. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. 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 at 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 27, 2017, based on a complaint filed on behalf of Nokia Technologies Oy (``Nokia'') of Espoo, Finland. 82 FR 8626 (Jan. 27, 2017). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent Nos. 7,415,247; 9,270,301; 6,393,260; and 6,826,391. The complaint further alleges that a domestic industry exists. The Commission's notice of investigation named as respondent Apple Inc., a/k/a Apple Computer, Inc. (``Apple'') of Cupertino, California. The Office of Unfair Import Investigations (``OUII'') is also participating in the investigation. This investigation was severed from Inv. No. 337-TA-1038. See Inv. No. 337-TA-1038, Order No. 1 (Jan. 26, 2017). On June 9, 2017, Nokia and Apple filed a joint motion to terminate the investigation based on a Settlement Agreement and Related Agreements. OUII filed a response indicating that it does not oppose the motion once Nokia and Apple file a revised public version of the motion and accompanying agreements. On June 21, 2017, the ALJ ordered the parties to file a revised public version of all of the agreements. See Order No. 26 (June 21, 2017). That same day, the ALJ issued Order No. 27, granting the motion and certifying the confidential version of the agreements to the Commission. Nokia and Apple jointly submitted revised public versions of the agreements on June 30, 2017, and July 7, 2017. On July 19, 2017, the Commission determined to [[Page 40805]] review Order No. 27, because the revised public versions of the agreements did not comply with Commission Rules 210.21(b) and 201.6. The Commission remanded the investigation to the ALJ to require the parties to file an updated public version of the agreements. On August 1, 2017, Nokia and Apple filed an updated public version of the agreements. On August 4, 2017, the ALJ issued the subject ID (Order No. 30) granting the parties' June 9, 2017 motion to terminate and certified the confidential and public versions of the agreements to the Commission. On August 14, 2017, the ALJ issued a public version of the subject ID. No petitions for review were filed. The Commission has determined not to review the ID. 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: August 23, 2017. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2017-18140 Filed 8-25-17; 8:45 am] BILLING CODE 7020-02-P
![40804 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
culturally affiliated to Native American information in support of the claim to FOR FURTHER INFORMATION CONTACT:
descendants of the Koasati/Kaskinampo. Dr. Thomas O. Maher, TVA, 400 West Cathy Chen, Esq., Office of the General
These descendants include the Summit Hill Drive, WT11D, Knoxville, Counsel, U.S. International Trade
Alabama-Coushatta Tribe of Texas TN 37902–1401, telephone (865) 632– Commission, 500 E Street SW.,
(previously listed as the Alabama- 7458, email tomaher@tva.gov, by Washington, DC 20436, telephone (202)
Coushatta Tribes of Texas); Alabama- September 27, 2017. After that date, if 205–2392. Copies of non-confidential
Quassarte Tribal Town; Coushatta Tribe no additional claimants have come documents filed in connection with this
of Louisiana; and The Muscogee (Creek) forward, transfer of control of the investigation are or will be available for
Nation. unassociated funerary objects to the inspection during official business
Chronicles from Spanish explorers of Alabama-Coushatta Tribe of Texas hours (8:45 a.m. to 5:15 p.m.) in the
the 16th century and French explorers (previously listed as the Alabama- Office of the Secretary, U.S.
of the 17th and 18th century indicate Coushatta Tribes of Texas); Alabama- International Trade Commission, 500 E
the presence of chiefdom level tribal Quassarte Tribal Town; Coushatta Tribe Street SW., Washington, DC 20436,
entities in the southeastern United of Louisiana; and The Muscogee (Creek) telephone (202) 205–2000. General
States which resemble the Mississippian Nation may proceed. information concerning the Commission
chiefdoms. Linguistic analysis of place The TVA is responsible for notifying may also be obtained by accessing its
names noted by multiple Spanish the Absentee Shawnee Tribe of Indians Internet server at https://www.usitc.gov.
explorers indicates that Koasati of Oklahoma; Alabama-Coushatta Tribe The public record for this investigation
speaking groups inhabited northeastern of Texas (previously listed as the may be viewed on the Commission’s
Alabama. Early maps and research into Alabama-Coushatta Tribes of Texas); electronic docket (EDIS) at https://
the historic Native American occupation Cherokee Nation; Coushatta Tribe of edis.usitc.gov. Hearing-impaired
of northeastern Alabama indicates that Louisiana; Eastern Band of Cherokee persons are advised that information on
the Koasati (as called by the English) or Indians; Mississippi Band of Choctaw this matter can be obtained by
the Kaskinampo (as called by the Indians; Poarch Band of Creeks contacting the Commission’s TDD
French) were found at multiple sites in (previously listed as the Poarch Band of terminal on (202) 205–1810.
Jackson and Marshall Counties in the Creek Indians of Alabama); The SUPPLEMENTARY INFORMATION: The
17th and 18th centuries. Oral history, Chickasaw Nation; The Choctaw Nation Commission instituted this investigation
traditions, and expert opinions of the of Oklahoma; The Muscogee (Creek) on January 27, 2017, based on a
descendants of Koasati/Kaskinampo Nation; The Seminole Nation of complaint filed on behalf of Nokia
indicate that this portion of the Oklahoma; and United Keetoowah Band Technologies Oy (‘‘Nokia’’) of Espoo,
Tennessee River valley was a homeland of Cherokee Indians in Oklahoma that Finland. 82 FR 8626 (Jan. 27, 2017). The
of the Koasati/Kaskinampo people. The this notice has been published. complaint alleges violations of section
subsequent involuntary diaspora of 337 of the Tariff Act of 1930, as
Dated: July 11, 2017.
these peoples resulted in descendants of amended, 19 U.S.C. 1337, by reason of
the Koasati/Kaskinampo among Melanie O’Brien,
Manager, National NAGPRA Program. infringement of certain claims of U.S.
multiple federally recognized Indian Patent Nos. 7,415,247; 9,270,301;
Tribes. [FR Doc. 2017–18187 Filed 8–25–17; 8:45 am]
6,393,260; and 6,826,391. The
BILLING CODE 4312–52–P
Determinations Made by the Tennessee complaint further alleges that a
Valley Authority domestic industry exists. The
Officials of the Tennessee Valley Commission’s notice of investigation
Authority have determined that: INTERNATIONAL TRADE named as respondent Apple Inc., a/k/a
• Pursuant to 25 U.S.C. 3001(3)(B), COMMISSION Apple Computer, Inc. (‘‘Apple’’) of
the four cultural items described above Cupertino, California. The Office of
[Investigation No. 337–TA–1039] Unfair Import Investigations (‘‘OUII’’) is
are reasonably believed to have been
placed with or near individual human also participating in the investigation.
Certain Electronic Devices, Including
remains at the time of death or later as This investigation was severed from Inv.
Mobile Phones, Tablet Computers, and
part of the death rite or ceremony and No. 337–TA–1038. See Inv. No. 337–
Components Thereof; Notice of a
are believed, by a preponderance of the TA–1038, Order No. 1 (Jan. 26, 2017).
Commission Determination Not To
evidence, to have been removed from On June 9, 2017, Nokia and Apple
Review an Initial Determination
specific burial sites of Native American filed a joint motion to terminate the
Granting a Joint Motion To Terminate
individuals. investigation based on a Settlement
the Investigation Based on a
• Pursuant to 25 U.S.C. 3001(2), there Settlement Agreement; Termination of
Agreement and Related Agreements.
is a relationship of shared group OUII filed a response indicating that it
the Investigation
identity that can be reasonably traced does not oppose the motion once Nokia
between the unassociated funerary AGENCY: U.S. International Trade and Apple file a revised public version
objects and the Alabama-Coushatta Commission. of the motion and accompanying
Tribe of Texas (previously listed as the ACTION: Notice. agreements. On June 21, 2017, the ALJ
Alabama-Coushatta Tribes of Texas); ordered the parties to file a revised
Alabama-Quassarte Tribal Town; SUMMARY: Notice is hereby given that public version of all of the agreements.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Coushatta Tribe of Louisiana; and The the U.S. International Trade See Order No. 26 (June 21, 2017). That
Muscogee (Creek) Nation. Commission has determined not to same day, the ALJ issued Order No. 27,
review an initial determination (‘‘ID’’) granting the motion and certifying the
Additional Requestors and Disposition (Order No. 30) of the presiding confidential version of the agreements
Lineal descendants or representatives administrative law judge (‘‘ALJ’’) to the Commission. Nokia and Apple
of any Indian Tribe or Native Hawaiian granting a joint motion to terminate the jointly submitted revised public
organization not identified in this notice above-captioned investigation in its versions of the agreements on June 30,
that wish to claim these cultural items entirety based on a Settlement 2017, and July 7, 2017. On July 19,
should submit a written request with Agreement and Related Agreements. 2017, the Commission determined to
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![Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices 40805
review Order No. 27, because the project remains open, and HEDGE IV notifications disclosing all changes in
revised public versions of the intends to file additional written membership.
agreements did not comply with notifications disclosing all changes in On June 21, 1995, ODVA filed its
Commission Rules 210.21(b) and 201.6. membership. original notification pursuant to Section
The Commission remanded the On February 14, 2017, HEDGE IV filed 6(a) of the Act. The Department of
investigation to the ALJ to require the its original notification pursuant to Justice published a notice in the Federal
parties to file an updated public version Section 6(a) of the Act. The Department Register pursuant to Section 6(b) of the
of the agreements. of Justice published a notice in the Act on February 15, 1996 (61 FR 6039).
On August 1, 2017, Nokia and Apple Federal Register pursuant to Section The last notification was filed with
filed an updated public version of the 6(b) of the Act on March 27, 2017 (82 the Department on April 20, 2017. A
agreements. On August 4, 2017, the ALJ FR 15238). notice was published in the Federal
issued the subject ID (Order No. 30) The last notification was filed with Register pursuant to Section 6(b) of the
granting the parties’ June 9, 2017 motion the Department on June 9, 2017. A Act on May 22, 2017 (82 FR 23297).
to terminate and certified the notice was published in the Federal
confidential and public versions of the Register pursuant to Section 6(b) of the Patricia A. Brink,
agreements to the Commission. On Act on July 20, 2017 (82 FR 33516). Director of Civil Enforcement, Antitrust
August 14, 2017, the ALJ issued a public Division.
Patricia A. Brink,
version of the subject ID. [FR Doc. 2017–18176 Filed 8–25–17; 8:45 am]
No petitions for review were filed. Director of Civil Enforcement, Antitrust
BILLING CODE P
The Commission has determined not to Division.
review the ID. [FR Doc. 2017–18173 Filed 8–25–17; 8:45 am]
The authority for the Commission’s BILLING CODE P DEPARTMENT OF JUSTICE
determination is contained in section
337 of the Tariff Act of 1930, as Antitrust Division
amended, 19 U.S.C. 1337, and in part DEPARTMENT OF JUSTICE
210 of the Commission’s Rules of Notice Pursuant to the National
Antitrust Division Cooperative Research and Production
Practice and Procedure, 19 CFR part
210. Act of 1993—OpenDaylight Project,
Notice Pursuant to the National
Inc.
By order of the Commission. Cooperative Research and Production
Issued: August 23, 2017. Act of 1993—ODVA, INC. Notice is hereby given that, on July
William R. Bishop, Notice is hereby given that, on July 26, 2017, pursuant to Section 6(a) of the
Supervisory Hearings and Information 27, 2017, pursuant to Section 6(a) of the National Cooperative Research and
Officer.
National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301
[FR Doc. 2017–18140 Filed 8–25–17; 8:45 am] Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), OpenDaylight
BILLING CODE 7020–02–P et seq. (‘‘the Act’’), ODVA, Inc. Project, Inc. (‘‘OpenDaylight’’) has filed
(‘‘ODVA’’) has filed written notifications written notifications simultaneously
simultaneously with the Attorney with the Attorney General and the
DEPARTMENT OF JUSTICE General and the Federal Trade Federal Trade Commission disclosing
Commission disclosing changes in its changes in its membership. The
Antitrust Division membership. The notifications were notifications were filed for the purpose
filed for the purpose of extending the of extending the Act’s provisions
Notice Pursuant to the National limiting the recovery of antitrust
Cooperative Research and Production Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages plaintiffs to actual damages under
Act of 1993—Cooperative Research specified circumstances. Specifically,
Group on Hedge IV under specified circumstances.
Specifically, Atop Technologies Inc., Hewlett Packard, Palo Alto, CA; A10
Notice is hereby given that, on July Hsinchu, TAIWAN; Dynatronix, Inc., Networks, San Jose, CA; KEMP
25, 2017, pursuant to Section 6(a) of the Amery, WI; PMV Automation AB, Technologies, New York, NY; Microsoft
National Cooperative Research and Solna, SWEDEN; Buerkert Werke GmbH Corporation, Redmond, WA; ClearPath
Production Act of 1993, 15 U.S.C. 4301 & Co. KG, Ingelfingen, GERMANY; Networks, El Segundo, CA; Versa
et seq. (‘‘the Act’’), Southwest Research KEBA AG, Linz, AUSTRIA; U.I. Lapp Networks, Santa Clara, CA; Alcatel-
Institute—Cooperative Research Group GmbH, Stuttgart, GERMANY; MAC Lucent Enterprise, Calabasas, CA; and
on HEDGE IV (‘‘HEDGE IV’’) has filed Valves, Inc., Wixom, MI; Lika Electronic SDN Essentials, Sunnyvale, CA, have
written notifications simultaneously Srl, Carrè (VI), ITALY; and Power withdrawn as parties to this venture.
with the Attorney General and the Electronics International, Inc., East No other changes have been made in
Federal Trade Commission disclosing Dundee, IL, have been added as parties either the membership or planned
changes in its membership. The to this venture. activity of the group research project.
notifications were filed for the purpose Also, Lapp USA, Inc., Florham Park, Membership in this group research
of extending the Act’s provisions NJ; Innovasic, Inc., Albuquerque, NM; project remains open, and OpenDaylight
limiting the recovery of antitrust and Beacon Global Technology, intends to file additional written
notifications disclosing all changes in
asabaliauskas on DSKBBXCHB2PROD with NOTICES
plaintiffs to actual damages under ChengDu, PEOPLE’S REPUBLIC OF
specified circumstances. Specifically, CHINA, have withdrawn as parties to membership.
The G.I.E. Regienov, Boulogne this venture. On May 23, 2013, OpenDaylight filed
Billancourt, FRANCE, has been added No other changes have been made in its original notification pursuant to
as a party to this venture. either the membership or planned Section 6(a) of the Act. The Department
No other changes have been made in activity of the group research project. of Justice published a notice in the
either the membership or planned Membership in this group research Federal Register pursuant to Section
activity of the group research project. project remains open, and ODVA 6(b) of the Act on July 1, 2013 (78 FR
Membership in this group research intends to file additional written 39326).
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Document Created: 2017-08-28 11:30:41
Document Modified: 2017-08-28 11:30:41
| 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 | Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. 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 at 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. | |
| FR Citation | 82 FR 40804 |
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