82 FR 47025 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 194 (October 10, 2017)

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain IoT Devices and Components Thereof (IoT, The Internet of Things (Iot)--Web Applications Displayed on a Web Browser), DN 3263; 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, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 47025-47026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21763]


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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 IoT Devices and 
Components Thereof (IoT, The Internet of Things (Iot)--Web Applications 
Displayed on a Web Browser), DN 3263; 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 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 Lakshmi Arunachalam, Ph.D. on 
October 3, 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 IoT devices and components thereof (IoT, 
the Internet of Things (IoT)--web applications displayed on a web 
browser). The complaint names as respondents: International Business 
Machines Corporation of Armonk, NY; IBM India Pvt Ltd. of India; SAP 
America, Inc. of Newtown Square, PA; SAP SE--Walldorf of Germany; Apple 
Inc. of Cupertino, CA; JPMorgan Chase and Company of New York, NY; The 
United States Office of the Attorney General, U.S. Department of 
Justice of Washington, DC; U.S.; United States Patent and Trademark 
Office of Alexandria, VA; Patent Trial and Appeal Board, United States 
Patent and Trademark Office of Alexandria, VA; Facebook, Inc. of Menlo 
Park, CA; Microsoft Corporation of Redmond, WA; Samsung Electronics 
America, Inc. of Ridgefield Park, NJ; Samsung Electronics Co., Ltd. of 
Korea; Eclipse Foundation, Inc., and its Members of Canada; Fiserv Inc. 
of Brookfield, WI; Fiserv India Pvt. Ltd. of India; Wells Fargo Bank of 
San Francisco, CA; Citigroup, Citibank of New York, NY; Citizen's 
Financial Group, Inc. of Providence, RI; Fulton Financial Corporation 
of Lancaster, PA; J.C. Penny Corporation, Inc. and J.C. Penny Company, 
Inc. of Plano, TX; U-Haul International, Inc. of Phoenix, AZ; Avis Rent 
A Car System, LLC, Avis Budget Group, and Payless Car Rental of 
Parsippany, NJ; Hertz Global Holdings, Inc., The Hertz Corporation, 
Dollar Rent A Car, and Thrifty Car Rental of Estero, FL; Ace Rent A Car 
of Indianapolis, IN; Enterprise Holdings, Enterprise Rent-A-Car, 
National Car Rental, and Alamo Rent A Car of Clayton/St. Louis, MO; 
Presidio Bank of San Francisco, CA; Fremont Bancorporation and Fremont 
Bank of Fremont, CA; Heritage Bank of Commerce, and Focus Bank of San 
Jose, CA; and Bridge Bank of San Jose, CA. The complainant requests 
that the Commission issue a limited exclusion, cease and desist orders, 
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. 3263'') 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

[[Page 47026]]

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: October 4, 2017.
 William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-21763 Filed 10-6-17; 8:45 am]
BILLING CODE 7020-02-P