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)

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


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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.

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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