82_FR_51103 82 FR 50892 - Certain Audio Processing Hardware, Software, and Products Containing the Same Notice of Request for Statements on the Public Interest

82 FR 50892 - Certain Audio Processing Hardware, Software, and Products Containing the Same Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 211 (November 2, 2017)

Page Range50892-50893
FR Document2017-23874

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a Final Initial Determination on Violation of Section 337 which includes a recommended determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation. The ALJ recommended, should the Commission find a violation of section 337, that the Commission issue a limited exclusion order prohibiting the entry of certain audio processing hardware, software, and products containing the same manufactured abroad by or on behalf of Respondent Apple Inc. of Cupertino, California, that infringe certain claims of U.S. Patent No. 6,363,345. The ALJ also recommend that a cease and desist order be issued. The ALJ recommend that any remedy be delayed for a period of three months to one year and that any limited exclusion order include exceptions for warranty, refurbishment, and government use, as well as a certification provision. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

Federal Register, Volume 82 Issue 211 (Thursday, November 2, 2017)
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50892-50893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23874]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1026]


Certain Audio Processing Hardware, Software, and Products 
Containing the Same Notice of Request for Statements on the Public 
Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a Final Initial Determination on Violation 
of Section 337 which includes a recommended determination on remedy and 
bonding in the above-captioned investigation. The Commission is 
soliciting comments on public interest issues raised by the recommended 
relief should the Commission find a violation. The ALJ recommended, 
should the Commission find a violation of section 337, that the 
Commission issue a limited exclusion order prohibiting the entry of 
certain audio processing hardware, software, and products containing 
the same manufactured abroad by or on behalf of Respondent Apple Inc. 
of Cupertino, California, that infringe certain claims of U.S. Patent 
No. 6,363,345. The ALJ also recommend that a cease and desist order be 
issued. The ALJ recommend that any remedy be delayed for a period of 
three months to one year and that any limited exclusion order include 
exceptions for warranty, refurbishment, and government use, as well as 
a certification provision. This notice is soliciting public interest 
comments from the public only. Parties are to file public interest 
submissions pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. 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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1).
    The Commission is interested in further development of the record 
on the public interest in its investigations. Accordingly, parties are 
to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In 
addition, members of the public are hereby invited to file submissions 
of no more than five (5) pages, inclusive of attachments, concerning 
the public interest in light of the administrative law judge's 
recommended determination on remedy and bonding issued in this 
investigation on October 26, 2017. Comments should address whether 
issuance of remedial orders 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 recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the recommended orders;
    (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 recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on November 30, 2017.
    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 Commission Rule 210.4(f), 19 CFR part 210.4(f). Submissions 
should refer to the investigation number (``Inv. No. 1026'') 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 part 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, solely for cybersecurity purposes. All contract personnel 
will sign appropriate nondisclosure agreements. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    This action is taken under the authority of section 337 of the 
Tariff Act

[[Page 50893]]

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: October 30, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23874 Filed 11-1-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                    50892                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices

                                                      Total Estimated Annual Nonhour                        205–2737. Copies of non-confidential                  with respect to the articles potentially
                                                    Burden Cost: $0.                                        documents filed in connection with this               subject to the recommended orders;
                                                      An agency may not conduct or                          investigation are or will be available for               (iv) indicate whether complainant,
                                                    sponsor and a person is not required to                 inspection during official business                   complainant’s licensees, and/or third
                                                    respond to a collection of information                  hours (8:45 a.m. to 5:15 p.m.) in the                 party suppliers have the capacity to
                                                    unless it displays a currently valid OMB                Office of the Secretary, U.S.                         replace the volume of articles
                                                    control number.                                         International Trade Commission, 500 E                 potentially subject to the recommended
                                                      The authority for this action is the                  Street SW., Washington, DC 20436,                     orders within a commercially
                                                    Paperwork Reduction Act of 1995 (44                     telephone (202) 205–2000. General                     reasonable time; and
                                                    U.S.C. 3501 et seq.).                                   information concerning the Commission                    (v) explain how the recommended
                                                                                                            may also be obtained by accessing its                 orders would impact consumers in the
                                                    Elizabeth K. Appel,
                                                                                                            Internet server at https://www.usitc.gov.             United States.
                                                    Director, Office of Regulatory Affairs and                                                                       Written submissions must be filed no
                                                    Collaborative Action—Indian Affairs.                    The public record for this investigation
                                                                                                            may be viewed on the Commission’s                     later than by close of business on
                                                    [FR Doc. 2017–23838 Filed 11–1–17; 8:45 am]                                                                   November 30, 2017.
                                                                                                            electronic docket (EDIS) at https://
                                                    BILLING CODE 4337–15–P
                                                                                                            edis.usitc.gov. Hearing-impaired                         Persons filing written submissions
                                                                                                            persons are advised that information on               must file the original document
                                                                                                                                                                  electronically on or before the deadlines
                                                                                                            this matter can be obtained by
                                                    INTERNATIONAL TRADE                                                                                           stated above and submit 8 true paper
                                                                                                            contacting the Commission’s TDD
                                                    COMMISSION                                                                                                    copies to the Office of the Secretary by
                                                                                                            terminal on (202) 205–1810.
                                                                                                                                                                  noon the next day pursuant to
                                                    [Investigation No. 337–TA–1026]                         SUPPLEMENTARY INFORMATION: Section                    Commission Rule 210.4(f), 19 CFR part
                                                                                                            337 of the Tariff Act of 1930 provides                210.4(f). Submissions should refer to the
                                                    Certain Audio Processing Hardware,                      that if the Commission finds a violation
                                                    Software, and Products Containing the                                                                         investigation number (‘‘Inv. No. 1026’’)
                                                                                                            it shall exclude the articles concerned               in a prominent place on the cover page
                                                    Same Notice of Request for                              from the United States:
                                                    Statements on the Public Interest                                                                             and/or the first page. (See Handbook for
                                                                                                            unless, after considering the effect of such          Electronic Filing Procedures, https://
                                                    AGENCY: U.S. International Trade                        exclusion upon the public health and                  www.usitc.gov/secretary/documents/
                                                    Commission.                                             welfare, competitive conditions in the United         handbook_on_filing_procedures.pdf).
                                                    ACTION: Notice.                                         States economy, the production of like or             Persons with questions regarding filing
                                                                                                            directly competitive articles in the United           should contact the Secretary, (202) 205–
                                                    SUMMARY:    Notice is hereby given that                 States, and United States consumers, it finds         2000.
                                                    the presiding administrative law judge                  that such articles should not be excluded                Any person desiring to submit a
                                                    (‘‘ALJ’’) has issued a Final Initial                    from entry.
                                                                                                                                                                  document to the Commission in
                                                    Determination on Violation of Section                   19 U.S.C. 1337(d)(1).                                 confidence must request confidential
                                                    337 which includes a recommended                          The Commission is interested in                     treatment. All such requests should be
                                                    determination on remedy and bonding                     further development of the record on                  directed to the Secretary to the
                                                    in the above-captioned investigation.                   the public interest in its investigations.            Commission and must include a full
                                                    The Commission is soliciting comments                   Accordingly, parties are to file public               statement of the reasons why the
                                                    on public interest issues raised by the                 interest submissions pursuant to 19 CFR               Commission should grant such
                                                    recommended relief should the                           210.50(a)(4). In addition, members of                 treatment. See 19 CFR part 201.6.
                                                    Commission find a violation. The ALJ                    the public are hereby invited to file                 Documents for which confidential
                                                    recommended, should the Commission                      submissions of no more than five (5)                  treatment by the Commission is
                                                    find a violation of section 337, that the               pages, inclusive of attachments,                      properly sought will be treated
                                                    Commission issue a limited exclusion                    concerning the public interest in light of            accordingly. All information, including
                                                    order prohibiting the entry of certain                  the administrative law judge’s                        confidential business information and
                                                    audio processing hardware, software,                    recommended determination on remedy                   documents for which confidential
                                                    and products containing the same                        and bonding issued in this investigation              treatment is properly sought, submitted
                                                    manufactured abroad by or on behalf of                  on October 26, 2017. Comments should                  to the Commission for purposes of this
                                                    Respondent Apple Inc. of Cupertino,                     address whether issuance of remedial                  Investigation may be disclosed to and
                                                    California, that infringe certain claims of             orders in this investigation would affect             used: (i) By the Commission, its
                                                    U.S. Patent No. 6,363,345. The ALJ also                 the public health and welfare in the                  employees and Offices, and contract
                                                    recommend that a cease and desist order                 United States, competitive conditions in              personnel (a) for developing or
                                                    be issued. The ALJ recommend that any                   the United States economy, the                        maintaining the records of this or a
                                                    remedy be delayed for a period of three                 production of like or directly                        related proceeding, or (b) in internal
                                                    months to one year and that any limited                 competitive articles in the United                    investigations, audits, reviews, and
                                                    exclusion order include exceptions for                  States, or United States consumers.                   evaluations relating to the programs,
                                                    warranty, refurbishment, and                              In particular, the Commission is                    personnel, and operations of the
                                                    government use, as well as a                            interested in comments that:                          Commission including under 5 U.S.C.
                                                    certification provision. This notice is                   (i) Explain how the articles                        Appendix 3; or (ii) by U.S. government
                                                    soliciting public interest comments from                potentially subject to the recommended
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  employees and contract personnel,
                                                    the public only. Parties are to file public             orders are used in the United States;                 solely for cybersecurity purposes. All
                                                    interest submissions pursuant to                          (ii) identify any public health, safety,            contract personnel will sign appropriate
                                                    Commission rules.                                       or welfare concerns in the United States              nondisclosure agreements. All non-
                                                    FOR FURTHER INFORMATION CONTACT:                        relating to the recommended orders;                   confidential written submissions will be
                                                    Amanda Fisherow, Esq., Office of the                      (iii) indicate the extent to which like             available for public inspection at the
                                                    General Counsel, U.S. International                     or directly competitive articles are                  Office of the Secretary and on EDIS.
                                                    Trade Commission, 500 E Street SW.,                     produced in the United States or are                     This action is taken under the
                                                    Washington, DC 20436, telephone (202)                   otherwise available in the United States,             authority of section 337 of the Tariff Act


                                               VerDate Sep<11>2014   22:28 Nov 01, 2017   Jkt 244001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\02NON1.SGM   02NON1


                                                                               Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices                                                   50893

                                                    of 1930, as amended, 19 U.S.C. 1337,                    comments must be submitted no later                     ADDRESSES:    A copy of this ICR with
                                                    and in part 210 of the Commission’s                     than thirty (30) days after the                         applicable supporting documentation;
                                                    Rules of Practice and Procedure, 19 CFR                 publication date of this notice.                        including a description of the likely
                                                    part 210.                                               Comments may be submitted either by                     respondents, proposed frequency of
                                                      By order of the Commission.                           email or by mail:                                       response, and estimated total burden
                                                      Issued: October 30, 2017.
                                                                                                                                                                    may be obtained free of charge from the
                                                                                                            To submit                                               RegInfo.gov Web site at http://
                                                    Lisa R. Barton,                                                              Send them to:
                                                                                                            comments:                                               www.reginfo.gov/public/do/
                                                    Secretary to the Commission.                                                                                    PRAViewICR?ref_nbr=201706-1290-001
                                                    [FR Doc. 2017–23874 Filed 11–1–17; 8:45 am]
                                                                                                            By email .......     pubcomment-ees.enrd@
                                                                                                                                   usdoj.gov.                       (this link will only become active on the
                                                    BILLING CODE 7020–02–P
                                                                                                            By mail .........    Assistant Attorney General,        day following publication of this notice)
                                                                                                                                   U.S. DOJ—ENRD, P.O.              or by contacting Michel Smyth by
                                                                                                                                   Box 7611, Washington, DC         telephone at 202–693–4129 (this is not
                                                    DEPARTMENT OF JUSTICE                                                          20044–7611.                      a toll-free number) or by email at DOL_
                                                                                                                                                                    PRA_PUBLIC@dol.gov.
                                                    Notice of Lodging of Proposed                             During the public comment period,                        Submit comments about this request
                                                    Consent Decree Under the                                the Consent Decree may be examined                      by mail to the Office of Information and
                                                    Comprehensive Environmental                             and downloaded at this Justice                          Regulatory Affairs, Attn: OMB Desk
                                                    Response, Compensation, and Liability                   Department Web site: https://                           Officer for DOL–ASP, Office of
                                                    Act (‘‘CERCLA’’)                                        www.justice.gov/enrd/consent-decrees.                   Management and Budget, Room 10235,
                                                                                                            We will provide a paper copy of the                     725 17th Street NW., Washington, DC
                                                       On October 26, 2017, the Department                  Consent Decree upon written request                     20503; by Fax: 202–395–5806 (this is
                                                    of Justice lodged a proposed Consent                    and payment of reproduction costs.                      not a toll-free number); or by email:
                                                    Decree with the United States District                  Please mail your request and payment                    OIRA_submission@omb.eop.gov.
                                                    Court for the Central District of                       to: Consent Decree Library, U.S. DOJ—                   Commenters are encouraged, but not
                                                    California, Western Division, in the                    ENRD, P.O. Box 7611, Washington, DC                     required, to send a courtesy copy of any
                                                    lawsuit entitled United States of                       20044–7611.                                             comments by mail or courier to the U.S.
                                                    America v. Cooper Living Trust and                        Please enclose a check or money order                 Department of Labor—OASAM, Office
                                                    Cooper Properties, LP. Civil Action No.                 for $9.50 (25 cents per page                            of the Chief Information Officer, Attn:
                                                    2:17–cv–7836.                                           reproduction cost × 38 pages) payable to                Departmental Information Compliance
                                                       The United States filed this lawsuit                 the United States Treasury.                             Management Program, Room N1301,
                                                    under Sections 106(a) and 107 of the                                                                            200 Constitution Avenue NW.,
                                                    Comprehensive Environmental                             Henry S. Friedman,
                                                                                                                                                                    Washington, DC 20210; or by email:
                                                    Response, Compensation, and Liability                   Assistant Section Chief, Environmental
                                                                                                            Enforcement Section, Environment and                    DOL_PRA_PUBLIC@dol.gov.
                                                    Act (‘‘CERCLA’’), 42 U.S.C. 9606(a) and
                                                                                                            Natural Resources Division.                             FOR FURTHER INFORMATION CONTACT:
                                                    9607, against the Cooper Living Trust
                                                                                                            [FR Doc. 2017–23835 Filed 11–1–17; 8:45 am]             Michel Smyth by telephone at 202–693–
                                                    and Cooper Properties, LP (Settling
                                                                                                                                                                    4129 (this is not a toll-free number) or
                                                    Defendants), for recovery of response                   BILLING CODE 4410–15–P
                                                                                                                                                                    by email at DOL_PRA_PUBLIC@dol.gov.
                                                    costs incurred by the United States and
                                                    to address environmental contamination                                                                            Authority: 44 U.S.C. 3507(a)(1)(D).
                                                    at the Cooper Drum Company                              DEPARTMENT OF LABOR                                     SUPPLEMENTARY INFORMATION:     This ICR
                                                    Superfund Site located in Los Angeles                                                                           seeks PRA authority for the Evaluation
                                                    County, California (‘‘the Site’’).                      Office of the Secretary                                 of Strategies Used in the TechHire and
                                                       The Settling Defendants both owned a                                                                         Strengthening Working Families
                                                                                                            Agency Information Collection
                                                    portion of the Site at the time of                                                                              Initiative Grant Programs information
                                                                                                            Activities; Submission for OMB
                                                    disposal of hazardous substances by the                                                                         collection that will support an
                                                                                                            Review; Comment Request; Evaluation
                                                    Cooper Drum Company, which operated                                                                             evaluation of both the implementation
                                                                                                            of Strategies Used in the TechHire and
                                                    a drum reconditioning business at the                                                                           and impact of the programs. The
                                                                                                            Strengthening Working Families
                                                    Site. The reconditioning process                                                                                purpose of the evaluation is to identify
                                                                                                            Initiative Grant Programs
                                                    resulted in contamination of the soil                                                                           whether the grants help low-wage
                                                    and groundwater beneath the Site.                       ACTION:Notice of availability; request                  workers obtain employment in and
                                                       Under the Consent Decree the Settling                for comments.                                           advance in H–1B industries and
                                                    Defendants agree to complete the sale of                                                                        occupations and, if so, which strategies
                                                    property adjacent to the Site (the                      SUMMARY:   The Department of Labor                      are most helpful. Consolidated
                                                    Property) and pay the United States the                 (DOL) is submitting the Office of the                   Appropriations Act of 2016 section 107
                                                    greater of 90 percent of the net sales                  Assistant Secretary for Policy (OASP)                   authorizes this information collection.
                                                    proceeds or $2.5 million. In return, the                sponsored information collection                        See Public Law 114–113.
                                                    United States agrees not to sue the                     request (ICR) proposal titled,                             This proposed information collection
                                                    Defendants under Sections 106 and 107                   ‘‘Evaluation of Strategies Used in the                  is subject to the PRA. A Federal agency
                                                    of CERCLA.                                              TechHire and Strengthening Working                      generally cannot conduct or sponsor a
                                                                                                            Families Initiative Grant Programs,’’ to
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       The publication of this notice opens                                                                         collection of information, and the public
                                                    a period for public comment on the                      the Office of Management and Budget                     is generally not required to respond to
                                                    Consent Decree. Comments should be                      (OMB) for review and approval for use                   an information collection, unless it is
                                                    addressed to the Assistant Attorney                     in accordance with the Paperwork                        approved by the OMB under the PRA
                                                    General, Environment and Natural                        Reduction Act (PRA) of 1995. Public                     and displays a currently valid OMB
                                                    Resources Division, and should refer to                 comments on the ICR are invited.                        Control Number. In addition,
                                                    United States of America v. Cooper                      DATES: The OMB will consider all                        notwithstanding any other provisions of
                                                    Living Trust and Cooper Properties, LP,                 written comments that agency receives                   law, no person shall generally be subject
                                                    D.J. Ref. No. 90–11–2–09084/1. All                      on or before December 4, 2017.                          to penalty for failing to comply with a


                                               VerDate Sep<11>2014   22:28 Nov 01, 2017   Jkt 244001   PO 00000   Frm 00039     Fmt 4703   Sfmt 4703   E:\FR\FM\02NON1.SGM   02NON1



Document Created: 2017-11-02 02:41:04
Document Modified: 2017-11-02 02:41:04
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.
ContactAmanda Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 Citation82 FR 50892 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR