82_FR_57846 82 FR 57613 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 57613 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 233 (December 6, 2017)

Page Range57613-57614
FR Document2017-26277

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof, DN 3279; 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 233 (Wednesday, December 6, 2017)
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57613-57614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26277]


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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 Mobile Electronic 
Devices and Radio Frequency and Processing Components Thereof, DN 3279; 
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.,

[[Page 57614]]

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 Qualcomm Incorporated on 
November 30, 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 mobile electronic devices and radio 
frequency and processing components thereof. The complaint names as a 
respondent Apple Inc. of Cupertino, CA. The complainant requests that 
the Commission issue a limited exclusion order, a cease and desist 
order, 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. 3279) 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.
---------------------------------------------------------------------------

    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: December 1, 2017.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2017-26277 Filed 12-5-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                        Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                     57613

                                                  The parties have been invited to brief               parties are encouraged to file written                developing or maintaining the records
                                               only these discrete issues, as                          submissions on the issues of remedy,                  of this or a related proceeding, or (b) in
                                               enumerated above, with reference to the                 the public interest, and bonding. Such                internal investigations, audits, reviews,
                                               applicable law and evidentiary record.                  submissions should address the                        and evaluations relating to the
                                               The parties are not to brief other issues               recommended determination by the ALJ                  programs, personnel, and operations of
                                               on review, which are adequately                         on remedy and bonding. Complainant                    the Commission including under 5
                                               presented in the parties’ existing filings.             and the Office of Unfair Import                       U.S.C. Appendix 3; or (ii) by U.S.
                                                  In connection with the final                         Investigations are also requested to                  government employees and contract
                                               disposition of this investigation, the                  submit proposed remedial orders for the               personnel,1 solely for cybersecurity
                                               Commission may issue an order that                      Commission’s consideration.                           purposes. All nonconfidential written
                                               could result in the exclusion of the                    Complainant is further requested to                   submissions will be available for public
                                               subject articles from entry into the                    state the dates that the patents expire,              inspection at the Office of the Secretary
                                               United States. Accordingly, the                         the HTSUS numbers under which the                     and on EDIS.
                                               Commission is interested in receiving                   accused products are imported, and any                  The authority for the Commission’s
                                               written submissions that address the                    known importers of the accused                        determination is contained in section
                                               form of remedy, if any, that should be                  products. The written submissions and                 337 of the Tariff Act of 1930, as
                                               ordered. If a party seeks exclusion of an               proposed remedial orders must be filed                amended (19 U.S.C. 1337), and in Part
                                               article from entry into the United States               no later than close of business on                    210 of the Commission’s Rules of
                                               for purposes other than entry for                       December 15, 2017. Initial submissions                Practice and Procedure (19 CFR part
                                               consumption, the party should so                        are limited to 40 pages, not including                210).
                                               indicate and provide information                        any attachments or exhibits related to
                                                                                                                                                               By order of the Commission.
                                               establishing that activities involving                  discussion of the public interest. Reply
                                               other types of entry either are adversely               submissions must be filed no later than                 Issued: November 30, 2017.
                                               affecting it or likely to do so. For                    the close of business on December 22,                 Lisa R. Barton,
                                               background, see Certain Devices for                     2017. Reply submissions are limited to                Secretary to the Commission.
                                               Connecting Computers via Telephone                      20 pages, not including any attachments               [FR Doc. 2017–26238 Filed 12–5–17; 8:45 am]
                                               Lines, Inv. No. 337–TA–360, USITC                       or exhibits related to discussion of                  BILLING CODE 7020–02–P
                                               Pub. No. 2843 (December 1994)                           remedy, the public interest, and
                                               (Commission Opinion).                                   bonding. No further submissions on
                                                  If the Commission contemplates some                  these issues will be permitted unless                 INTERNATIONAL TRADE
                                               form of remedy, it must consider the                    otherwise ordered by the Commission.                  COMMISSION
                                               effects of that remedy upon the public                     Persons filing written submissions
                                               interest. The factors the Commission                    must file the original document                       Notice of Receipt of Complaint;
                                               will consider include the effect that an                electronically on or before the deadlines             Solicitation of Comments Relating to
                                               exclusion order would have on (1) the                   stated above and submit 8 true paper                  the Public Interest
                                               public health and welfare, (2)                          copies to the Office of the Secretary by
                                                                                                                                                             AGENCY: U.S. International Trade
                                               competitive conditions in the U.S.                      noon the next day pursuant to section
                                                                                                                                                             Commission.
                                               economy, (3) U.S. production of articles                210.4(f) of the Commission’s Rules of
                                               that are like or directly competitive with              Practice and Procedure (19 CFR                        ACTION: Notice.
                                               those that are subject to investigation,                210.4(f)). Submissions should refer to                SUMMARY:   Notice is hereby given that
                                               and (4) U.S. consumers. The                             the investigation number (‘‘Inv. No.                  the U.S. International Trade
                                               Commission is therefore interested in                   337–TA–1003’’) in a prominent place on                Commission has received a complaint
                                               receiving written submissions that                      the cover page and/or the first page. See
                                                                                                                                                             entitled Certain Mobile Electronic
                                               address the aforementioned public                       Handbook on Filing Procedures,
                                                                                                                                                             Devices and Radio Frequency and
                                               interest factors in the context of this                 (https://www.usitc.gov/secretary/
                                                                                                                                                             Processing Components Thereof, DN
                                               investigation.                                          documents/handbook_on_filing_
                                                  If the Commission orders some form                                                                         3279; the Commission is soliciting
                                                                                                       procedures.pdf). Persons with questions
                                               of remedy, the U.S. Trade                                                                                     comments on any public interest issues
                                                                                                       regarding filing should contact the
                                               Representative, as delegated by the                                                                           raised by the complaint or
                                                                                                       Secretary (202–205–2000).
                                               President, has 60 days to approve or                       Any person desiring to submit a                    complainant’s filing pursuant to the
                                               disapprove the Commission’s action.                     document to the Commission in                         Commission’s Rules of Practice and
                                               See Presidential Memorandum of July                     confidence must request confidential                  Procedure.
                                               21, 2005, 70 FR 43251 (July 26, 2005).                  treatment. All such requests should be                FOR FURTHER INFORMATION CONTACT:     Lisa
                                               During this period, the subject articles                directed to the Secretary to the                      R. Barton, Secretary to the Commission,
                                               would be entitled to enter the United                   Commission and must include a full                    U.S. International Trade Commission,
                                               States under bond, in an amount                         statement of the reasons why the                      500 E Street SW., Washington, DC
                                               determined by the Commission and                        Commission should grant such                          20436, telephone (202) 205–2000. The
                                               prescribed by the Secretary of the                      treatment. See 19 CFR 201.6. Documents                public version of the complaint can be
                                               Treasury. The Commission is therefore                   for which confidential treatment by the               accessed on the Commission’s
                                               interested in receiving submissions                     Commission is properly sought will be                 Electronic Document Information
                                               concerning the amount of the bond that                  treated accordingly. All information,                 System (EDIS) at https://edis.usitc.gov,
                                               should be imposed if a remedy is                        including confidential business                       and will be available for inspection
daltland on DSKBBV9HB2PROD with NOTICES




                                               ordered.                                                information and documents for which                   during official business hours (8:45 a.m.
                                                  Written Submissions: The parties to                  confidential treatment is properly                    to 5:15 p.m.) in the Office of the
                                               the investigation are requested to file                 sought, submitted to the Commission for               Secretary, U.S. International Trade
                                               written submissions on the issues                       purposes of this Investigation may be                 Commission, 500 E Street SW.,
                                               identified in this notice. Parties to the               disclosed to and used: (i) By the
                                               investigation, interested government                    Commission, its employees and Offices,                  1 All contract personnel will sign appropriate

                                               agencies, and any other interested                      and contract personnel (a) for                        nondisclosure agreements.



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                                               57614                    Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices

                                               Washington, DC 20436, telephone (202)                   its licensees, or third parties make in the           disclosed to and used: (i) By the
                                               205–2000.                                               United States which could replace the                 Commission, its employees and Offices,
                                                 General information concerning the                    subject articles if they were to be                   and contract personnel (a) for
                                               Commission may also be obtained by                      excluded;                                             developing or maintaining the records
                                               accessing its Internet server at United                    (iv) indicate whether complainant,                 of this or a related proceeding, or (b) in
                                               States International Trade Commission                   complainant’s licensees, and/or third                 internal investigations, audits, reviews,
                                               (USITC) at https://www.usitc.gov . The                  party suppliers have the capacity to                  and evaluations relating to the
                                               public record for this investigation may                replace the volume of articles                        programs, personnel, and operations of
                                               be viewed on the Commission’s                           potentially subject to the requested                  the Commission including under 5
                                               Electronic Document Information                         exclusion order and/or a cease and                    U.S.C. Appendix 3; or (ii) by U.S.
                                               System (EDIS) at https://edis.usitc.gov.                desist order within a commercially                    government employees and contract
                                               Hearing-impaired persons are advised                    reasonable time; and                                  personnel,2 solely for cybersecurity
                                               that information on this matter can be                     (v) explain how the requested                      purposes. All nonconfidential written
                                               obtained by contacting the                              remedial orders would impact United                   submissions will be available for public
                                               Commission’s TDD terminal on (202)                      States consumers.                                     inspection at the Office of the Secretary
                                               205–1810.                                                  Written submissions must be filed no               and on EDIS.3
                                               SUPPLEMENTARY INFORMATION: The
                                                                                                       later than by close of business, eight                  This action is taken under the
                                               Commission has received a complaint                     calendar days after the date of                       authority of section 337 of the Tariff Act
                                               and a submission pursuant to § 210.8(b)                 publication of this notice in the Federal             of 1930, as amended (19 U.S.C. 1337),
                                               of the Commission’s Rules of Practice                   Register. There will be further                       and of §§ 201.10 and 210.8(c) of the
                                               and Procedure filed on behalf of                        opportunities for comment on the                      Commission’s Rules of Practice and
                                               Qualcomm Incorporated on November                       public interest after the issuance of any             Procedure (19 CFR 201.10, 210.8(c)).
                                               30, 2017. The complaint alleges                         final initial determination in this                     By order of the Commission.
                                               violations of section 337 of the Tariff                 investigation.                                          Issued: December 1, 2017.
                                                                                                          Persons filing written submissions
                                               Act of 1930 (19 U.S.C. 1337) in the                                                                           Lisa R. Barton,
                                                                                                       must file the original document
                                               importation into the United States, the                                                                       Secretary to the Commission.
                                                                                                       electronically on or before the deadlines
                                               sale for importation, and the sale within                                                                     [FR Doc. 2017–26277 Filed 12–5–17; 8:45 am]
                                                                                                       stated above and submit 8 true paper
                                               the United States after importation of
                                                                                                       copies to the Office of the Secretary by              BILLING CODE 7020–02–P
                                               certain mobile electronic devices and
                                                                                                       noon the next day pursuant to § 210.4(f)
                                               radio frequency and processing
                                                                                                       of the Commission’s Rules of Practice
                                               components thereof. The complaint                                                                             INTERNATIONAL TRADE
                                                                                                       and Procedure (19 CFR 210.4(f)).
                                               names as a respondent Apple Inc. of                                                                           COMMISSION
                                                                                                       Submissions should refer to the docket
                                               Cupertino, CA. The complainant
                                                                                                       number (‘‘Docket No. 3279) in a                       [Investigation Nos. 701–TA–590 and 731–
                                               requests that the Commission issue a
                                                                                                       prominent place on the cover page                     TA–1397–1398 (Preliminary)]
                                               limited exclusion order, a cease and
                                                                                                       and/or the first page. (See Handbook for
                                               desist order, and impose a bond upon                                                                          Sodium Gluconate, Gluconic Acid, and
                                                                                                       Electronic Filing Procedures, Electronic
                                               respondents’ alleged infringing articles                                                                      Derivative Products From China and
                                                                                                       Filing Procedures).1 Persons with
                                               during the 60-day Presidential review                                                                         France; Institution of Antidumping and
                                                                                                       questions regarding filing should
                                               period pursuant to 19 U.S.C. 1337(j).                                                                         Countervailing Duty Investigations and
                                                                                                       contact the Secretary (202–205–2000).
                                                  Proposed respondents, other                                                                                Scheduling of Preliminary Phase
                                                                                                          Any person desiring to submit a
                                               interested parties, and members of the                                                                        Investigations
                                                                                                       document to the Commission in
                                               public are invited to file comments, not
                                                                                                       confidence must request confidential                  AGENCY: United States International
                                               to exceed five (5) pages in length,
                                                                                                       treatment. All such requests should be                Trade Commission.
                                               inclusive of attachments, on any public
                                                                                                       directed to the Secretary to the
                                               interest issues raised by the complaint                                                                       ACTION: Notice.
                                                                                                       Commission and must include a full
                                               or § 210.8(b) filing. Comments should
                                                                                                       statement of the reasons why the                      SUMMARY:    The Commission hereby gives
                                               address whether issuance of the relief
                                                                                                       Commission should grant such                          notice of the institution of investigations
                                               specifically requested by the
                                                                                                       treatment. See 19 CFR 201.6. Documents                and commencement of preliminary
                                               complainant in this investigation would
                                                                                                       for which confidential treatment by the               phase antidumping and countervailing
                                               affect the public health and welfare in
                                                                                                       Commission is properly sought will be                 duty investigation Nos. 701–TA–590
                                               the United States, competitive
                                                                                                       treated accordingly. All such requests                and 731–TA–1397–1398 (Preliminary)
                                               conditions in the United States
                                                                                                       should be directed to the Secretary to                pursuant to the Tariff Act of 1930 (‘‘the
                                               economy, the production of like or
                                                                                                       the Commission and must include a full                Act’’) to determine whether there is a
                                               directly competitive articles in the
                                                                                                       statement of the reasons why the                      reasonable indication that an industry
                                               United States, or United States
                                                                                                       Commission should grant such                          in the United States is materially
                                               consumers.
                                                                                                       treatment. See 19 CFR 201.6. Documents                injured or threatened with material
                                                  In particular, the Commission is
                                                                                                       for which confidential treatment by the               injury, or the establishment of an
                                               interested in comments that:
                                                                                                       Commission is properly sought will be                 industry in the United States is
                                                  (i) Explain how the articles
                                                                                                       treated accordingly. All information,                 materially retarded, by reason of
                                               potentially subject to the requested
                                                                                                       including confidential business                       imports of sodium gluconate, gluconic
                                               remedial orders are used in the United
                                                                                                       information and documents for which
daltland on DSKBBV9HB2PROD with NOTICES




                                               States;                                                                                                       acid, and derivative products from
                                                                                                       confidential treatment is properly                    China and France, provided for in
                                                  (ii) identify any public health, safety,
                                                                                                       sought, submitted to the Commission for               subheadings 2918.16.10, 2918.16.50 and
                                               or welfare concerns in the United States
                                                                                                       purposes of this Investigation may be
                                               relating to the requested remedial                                                                              2 All contract personnel will sign appropriate
                                               orders;                                                   1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
                                                  (iii) identify like or directly                      https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

                                               competitive articles that complainant,                  filing_procedures.pdf.                                (EDIS): https://edis.usitc.gov.



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Document Created: 2017-12-06 00:22:10
Document Modified: 2017-12-06 00:22:10
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 57613 

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