82_FR_55338 82 FR 55116 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 55116 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 222 (November 20, 2017)

Page Range55116-55117
FR Document2017-25060

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Intraoral Scanners and Related Hardware and Software, DN 3274; 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 222 (Monday, November 20, 2017) 
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55116-55117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25060]


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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 Intraoral Scanners 
and Related Hardware and Software, DN 3274; 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 Align Technology, Inc. on 
November 14, 2017.

[[Page 55117]]

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 intraoral scanners and related hardware and 
software. The complaint names as respondents 3Shape A/S Inc. of Denmark 
and 3Shape, Inc. of Warren, NJ. The complainant requests that the 
Commission issue a limited exclusion order, 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. 3274'') 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: November 14, 2017.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-25060 Filed 11-17-17; 8:45 am]
 BILLING CODE 7020-02-P

55116 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices section 337 of the Tariff Act of 1930 (19 Persons filing written submissions Commission’s Rules of Practice and U.S.C. 1337) in the importation into the must file the original document Procedure (19 CFR 201.10, 210.8(c)). United States, the sale for importation, electronically on or before the deadlines By order of the Commission. and the sale within the United States stated above and submit 8 true paper Issued: November 14, 2017. after importation of certain color copies to the Office of the Secretary by Lisa R. Barton, intraoral scanners and related hardware noon the next day pursuant to § 210.4(f) and software. The complaint names as of the Commission’s Rules of Practice Secretary to the Commission. respondents 3Shape A/S Inc. of and Procedure (19 CFR 210.4(f)). [FR Doc. 2017–25061 Filed 11–17–17; 8:45 am] Denmark and 3Shape, Inc. of Warren, Submissions should refer to the docket BILLING CODE 7020–02–P NJ. The complainant requests that the number (‘‘Docket No. 3275’’) in a Commission issue a limited exclusion prominent place on the cover page and/ order, cease and desist orders and or the first page. (See Handbook for INTERNATIONAL TRADE impose a bond upon respondents’ Electronic Filing Procedures, Electronic COMMISSION alleged infringing articles during the 60- Filing Procedures).1 Persons with day Presidential review period pursuant Notice of Receipt of Complaint; questions regarding filing should Solicitation of Comments Relating to to 19 U.S.C. 1337(j). contact the Secretary (202–205–2000). Proposed respondents, other the Public Interest Any person desiring to submit a interested parties, and members of the document to the Commission in AGENCY: U.S. International Trade public are invited to file comments, not confidence must request confidential Commission. to exceed five (5) pages in length, treatment. All such requests should be ACTION: Notice. inclusive of attachments, on any public directed to the Secretary to the interest issues raised by the complaint Commission and must include a full SUMMARY: Notice is hereby given that or § 210.8(b) filing. Comments should statement of the reasons why the the U.S. International Trade address whether issuance of the relief Commission should grant such Commission has received a complaint specifically requested by the treatment. See 19 CFR 201.6. Documents entitled Certain Intraoral Scanners and complainant in this investigation would for which confidential treatment by the Related Hardware and Software, DN affect the public health and welfare in Commission is properly sought will be 3274; the Commission is soliciting the United States, competitive treated accordingly. All such requests comments on any public interest issues conditions in the United States should be directed to the Secretary to raised by the complaint or economy, the production of like or the Commission and must include a full complainant’s filing pursuant to the directly competitive articles in the statement of the reasons why the Commission’s Rules of Practice and United States, or United States Commission should grant such Procedure. consumers. treatment. See 19 CFR 201.6. Documents FOR FURTHER INFORMATION CONTACT: Lisa In particular, the Commission is for which confidential treatment by the R. Barton, Secretary to the Commission, interested in comments that: Commission is properly sought will be U.S. International Trade Commission, (i) Explain how the articles treated accordingly. All information, 500 E Street SW., Washington, DC potentially subject to the requested including confidential business 20436, telephone (202) 205–2000. The remedial orders are used in the United information and documents for which public version of the complaint can be States; confidential treatment is properly accessed on the Commission’s (ii) identify any public health, safety, sought, submitted to the Commission for Electronic Document Information or welfare concerns in the United States purposes of this Investigation may be System (EDIS) at https://edis.usitc.gov, relating to the requested remedial disclosed to and used: (i) By the and will be available for inspection orders; (iii) identify like or directly Commission, its employees and Offices, during official business hours (8:45 a.m. competitive articles that complainant, and contract personnel (a) for to 5:15 p.m.) in the Office of the its licensees, or third parties make in the developing or maintaining the records Secretary, U.S. International Trade United States which could replace the of this or a related proceeding, or (b) in Commission, 500 E Street SW., subject articles if they were to be internal investigations, audits, reviews, Washington, DC 20436, telephone (202) excluded; and evaluations relating to the 205–2000. (iv) indicate whether complainant, programs, personnel, and operations of General information concerning the complainant’s licensees, and/or third the Commission including under 5 Commission may also be obtained by party suppliers have the capacity to U.S.C. Appendix 3; or (ii) by U.S. accessing its Internet server at United replace the volume of articles government employees and contract States International Trade Commission potentially subject to the requested personnel,2 solely for cybersecurity (USITC) at https://www.usitc.gov. The exclusion order and/or a cease and purposes. All nonconfidential written public record for this investigation may desist order within a commercially submissions will be available for public be viewed on the Commission’s reasonable time; and inspection at the Office of the Secretary Electronic Document Information (v) explain how the requested and on EDIS.3 System (EDIS) at https://edis.usitc.gov. remedial orders would impact United This action is taken under the Hearing-impaired persons are advised States consumers. authority of section 337 of the Tariff Act that information on this matter can be Written submissions must be filed no of 1930, as amended (19 U.S.C. 1337), obtained by contacting the later than by close of business, eight and of §§ 201.10 and 210.8(c) of the Commission’s TDD terminal on (202) nshattuck on DSK9F9SC42PROD with NOTICES calendar days after the date of 205–1810. publication of this notice in the Federal 1 Handbook for Electronic Filing Procedures: SUPPLEMENTARY INFORMATION: The Register. There will be further https://www.usitc.gov/documents/handbook_on_ Commission has received a complaint filing_procedures.pdf. opportunities for comment on the 2 All contract personnel will sign appropriate and a submission pursuant to § 210.8(b) public interest after the issuance of any nondisclosure agreements. of the Commission’s Rules of Practice final initial determination in this 3 Electronic Document Information System and Procedure filed on behalf of Align investigation. (EDIS): https://edis.usitc.gov. Technology, Inc. on November 14, 2017. VerDate Sep<11>2014 15:15 Nov 17, 2017 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1

Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55117 The complaint alleges violations of final initial determination in this and of §§ 201.10 and 210.8(c) of the section 337 of the Tariff Act of 1930 (19 investigation. Commission’s Rules of Practice and U.S.C. 1337) in the importation into the Persons filing written submissions Procedure (19 CFR 201.10, 210.8(c)). United States, the sale for importation, must file the original document By order of the Commission. and the sale within the United States electronically on or before the deadlines Issued: November 14, 2017. after importation of certain intraoral stated above and submit 8 true paper copies to the Office of the Secretary by Lisa R. Barton, scanners and related hardware and software. The complaint names as noon the next day pursuant to § 210.4(f) Secretary to the Commission. respondents 3Shape A/S Inc. of of the Commission’s Rules of Practice [FR Doc. 2017–25060 Filed 11–17–17; 8:45 am] Denmark and 3Shape, Inc. of Warren, and Procedure (19 CFR 210.4(f)). BILLING CODE 7020–02–P NJ. The complainant requests that the Submissions should refer to the docket Commission issue a limited exclusion number (‘‘Docket No. 3274’’) in a order, cease and desist orders and prominent place on the cover page and/ INTERNATIONAL TRADE impose a bond upon respondents’ or the first page. (See Handbook for COMMISSION alleged infringing articles during the 60- Electronic Filing Procedures, Electronic [Investigation No. 337–TA–1083] day Presidential review period pursuant Filing Procedures).1 Persons with to 19 U.S.C. 1337(j). questions regarding filing should Certain Personal Computers, Mobile Proposed respondents, other contact the Secretary (202–205–2000). Devices, Digital Media Players, and interested parties, and members of the Any person desiring to submit a Microconsoles; Institution of public are invited to file comments, not document to the Commission in Investigation to exceed five (5) pages in length, confidence must request confidential treatment. All such requests should be AGENCY: U.S. International Trade inclusive of attachments, on any public Commission. interest issues raised by the complaint directed to the Secretary to the Commission and must include a full ACTION: Notice. or § 210.8(b) filing. Comments should address whether issuance of the relief statement of the reasons why the Commission should grant such SUMMARY: Notice is hereby given that a specifically requested by the complaint was filed with the U.S. complainant in this investigation would treatment. See 19 CFR 201.6. Documents for which confidential treatment by the International Trade Commission on affect the public health and welfare in October 10, 2017, under the Tariff Act the United States, competitive Commission is properly sought will be treated accordingly. All such requests of 1930, as amended, on behalf of Aqua conditions in the United States Connect, Inc. and Strategic Technology should be directed to the Secretary to economy, the production of like or Partners, LLC, both of Orange, the Commission and must include a full directly competitive articles in the California. A letter supplementing the statement of the reasons why the United States, or United States complaint and attaching supplemental Commission should grant such consumers. exhibits was filed on November 2, 2017. treatment. See 19 CFR 201.6. Documents In particular, the Commission is A second supplemental letter requesting for which confidential treatment by the interested in comments that: Commission is properly sought will be revision of the original caption was also (i) Explain how the articles treated accordingly. All information, filed on November 2, 2017. The potentially subject to the requested including confidential business complaint as supplemented alleges remedial orders are used in the United information and documents for which violations of the Tariff Act based upon States; confidential treatment is properly the importation into the United States, (ii) identify any public health, safety, sought, submitted to the Commission for the sale for importation, and the sale or welfare concerns in the United States purposes of this Investigation may be within the United States after relating to the requested remedial disclosed to and used: (i) By the importation of certain personal orders; Commission, its employees and Offices, computers, mobile devices, digital (iii) identify like or directly and contract personnel (a) for media players, and microconsoles by competitive articles that complainant, developing or maintaining the records reason of infringement of one or more its licensees, or third parties make in the of this or a related proceeding, or (b) in claims of U.S. Patent No. RE46,386 (‘‘the United States which could replace the internal investigations, audits, reviews, ’386 patent’’) and U.S. Patent No. subject articles if they were to be and evaluations relating to the 8,924,502 (‘‘the ’502 patent’’). The excluded; programs, personnel, and operations of complaint further alleges that an (iv) indicate whether complainant, the Commission including under 5 industry in the United States exists as complainant’s licensees, and/or third U.S.C. Appendix 3; or (ii) by U.S. required by the applicable Federal party suppliers have the capacity to government employees and contract Statute. replace the volume of articles personnel,2 solely for cybersecurity The complainants request that the potentially subject to the requested purposes. All nonconfidential written Commission institute an investigation exclusion order and/or a cease and submissions will be available for public and, after the investigation, issue a desist order within a commercially inspection at the Office of the Secretary limited exclusion order and a cease and reasonable time; and and on EDIS.3 desist order. (v) explain how the requested This action is taken under the A motion for temporary relief filed remedial orders would impact United authority of section 337 of the Tariff Act concurrently with the complaint States consumers. of 1930, as amended (19 U.S.C. 1337), requests that the Commission issue a nshattuck on DSK9F9SC42PROD with NOTICES Written submissions must be filed no temporary limited exclusion order and later than by close of business, eight 1 Handbook for Electronic Filing Procedures: temporary cease and desist order calendar days after the date of https://www.usitc.gov/documents/handbook_on_ prohibiting the importation into and the filing_procedures.pdf. publication of this notice in the Federal 2 All contract personnel will sign appropriate sale within the United States after Register. There will be further nondisclosure agreements. importation of certain Mac computers opportunities for comment on the 3 Electronic Document Information System running macOS 10.7 or above that public interest after the issuance of any (EDIS): https://edis.usitc.gov. infringe claims 1, 4, 9, and 27 of the VerDate Sep<11>2014 15:15 Nov 17, 2017 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1


Document Created: 2018-10-25 10:41:03
Document Modified: 2018-10-25 10:41:03
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 55116 
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