82_FR_62040 82 FR 61791 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 61791 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 249 (December 29, 2017)

Page Range61791-61792
FR Document2017-28197

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Subsea Telecommunications Systems and Components Thereof, DN 3283; 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 249 (Friday, December 29, 2017)
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Pages 61791-61792]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28197]


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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 Subsea 
Telecommunications Systems and Components Thereof, DN 3283; 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 Neptune Subsea LP Ltd.; 
Neptune Subsea Acquisitions Ltd.; and Xtera, Inc. on December 22, 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 subsea telecommunications systems and components 
thereof. The complaint names as respondents Nokia Corporation, Finland; 
Nokia Solutions and Networks B.V., the Netherlands; Nokia Solutions and 
Networks Oy, Finland; Alcatel-Lucent Submarine Networks SAS, France; 
Nokia Solutions and Networks US LLC, Phoenix, AZ; NEC Corporation, 
Japan; NEC Networks & System Integration Corporation, Japan; and NEC 
Corporation of America, Irving, TX. 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

[[Page 61792]]

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. 3283'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electonic 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: December 26, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-28197 Filed 12-28-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                           Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices                                            61791

                                               authorized purposes, and/or increase                    to withhold your personal identifying                 that information on this matter can be
                                               power marketability.                                    information from public review, we                    obtained by contacting the
                                                                                                       cannot guarantee that we will be able to              Commission’s TDD terminal on (202)
                                               VI. Indian Trust Assets and
                                                                                                       do so.                                                205–1810.
                                               Environmental Justice
                                                                                                       X. How To Request Reasonable                          SUPPLEMENTARY INFORMATION: The
                                                  There are Indian Trust Asset issues                                                                        Commission has received a complaint
                                               and there may be environmental justice                  Accommodation
                                                                                                                                                             and a submission pursuant to § 210.8(b)
                                               issues related to the Trinity River, as                    If special assistance is required,                 of the Commission’s Rules of Practice
                                               well as potential impacts within other                  please contact Katrina Harrison at the                and Procedure filed on behalf of
                                               areas.                                                  address provided above or TDD 916–                    Neptune Subsea LP Ltd.; Neptune
                                                                                                       978–5608. Information regarding this                  Subsea Acquisitions Ltd.; and Xtera,
                                               VII. Statutory Authority
                                                                                                       proposed action is available in                       Inc. on December 22, 2017. The
                                                  NEPA [42 U.S.C. 4321 et seq.] requires               alternative formats upon request.                     complaint alleges violations of section
                                               that Federal agencies conduct an
                                                                                                         Dated: December 20, 2017.                           337 of the Tariff Act of 1930 (19 U.S.C.
                                               environmental analysis of their
                                                                                                       David Murillo,                                        1337) in the importation into the United
                                               proposed actions to determine if the
                                                                                                       Regional Director, Mid-Pacific Region.                States, the sale for importation, and the
                                               actions may significantly affect the
                                                                                                       [FR Doc. 2017–28215 Filed 12–28–17; 8:45 am]          sale within the United States after
                                               human environment. As required by
                                                                                                                                                             importation of certain subsea
                                               NEPA, Reclamation will develop an EIS                   BILLING CODE 4332–90–P
                                                                                                                                                             telecommunications systems and
                                               which will analyze the potential direct,
                                                                                                                                                             components thereof. The complaint
                                               indirect, and cumulative environmental
                                                                                                                                                             names as respondents Nokia
                                               effects that may result from the                        INTERNATIONAL TRADE
                                                                                                                                                             Corporation, Finland; Nokia Solutions
                                               implementation of the proposed action                   COMMISSION
                                                                                                                                                             and Networks B.V., the Netherlands;
                                               and alternatives.
                                                                                                       Notice of Receipt of Complaint;                       Nokia Solutions and Networks Oy,
                                                  The Rivers and Harbors Act of August
                                                                                                       Solicitation of Comments Relating to                  Finland; Alcatel-Lucent Submarine
                                               26, 1937 (50 Stat. 844, as amended and
                                                                                                       the Public Interest                                   Networks SAS, France; Nokia Solutions
                                               supplemented) provides for operation of
                                                                                                                                                             and Networks US LLC, Phoenix, AZ;
                                               the CVP.                                                AGENCY: U.S. International Trade                      NEC Corporation, Japan; NEC Networks
                                               VIII. Request for Comments                              Commission.                                           & System Integration Corporation,
                                                  The purposes of this notice are:                     ACTION: Notice.                                       Japan; and NEC Corporation of America,
                                                  • To advise other agencies, CVP and                                                                        Irving, TX. The complainant requests
                                                                                                       SUMMARY:   Notice is hereby given that                that the Commission issue a limited
                                               SWP water users and power customers,
                                                                                                       the U.S. International Trade                          exclusion order, cease and desist orders,
                                               affected tribes, and the public of our
                                                                                                       Commission has received a complaint                   and impose a bond upon respondents’
                                               intention to gather information to
                                                                                                       entitled Certain Subsea                               alleged infringing articles during the 60-
                                               support the preparation of an EIS;
                                                  • To obtain suggestions and                          Telecommunications Systems and                        day Presidential review period pursuant
                                               information from other agencies,                        Components Thereof, DN 3283; the                      to 19 U.S.C. 1337(j).
                                               interested parties, and the public on the               Commission is soliciting comments on                     Proposed respondents, other
                                               scope of alternatives and issues to be                  any public interest issues raised by the              interested parties, and members of the
                                               addressed in the EIS; and                               complaint or complainant’s filing                     public are invited to file comments, not
                                                  • To identify important issues raised                pursuant to the Commission’s Rules of                 to exceed five (5) pages in length,
                                               by the public related to the development                Practice and Procedure.                               inclusive of attachments, on any public
                                               and implementation of the proposed                      FOR FURTHER INFORMATION CONTACT: Lisa                 interest issues raised by the complaint
                                               action.                                                 R. Barton, Secretary to the Commission,               or § 210.8(b) filing. Comments should
                                                  Reclamation invites written                          U.S. International Trade Commission,                  address whether issuance of the relief
                                               comments from interested parties to                     500 E Street SW, Washington, DC                       specifically requested by the
                                               ensure that the full range of alternatives              20436, telephone (202) 205–2000. The                  complainant in this investigation would
                                               and issues related to the development of                public version of the complaint can be                affect the public health and welfare in
                                               the proposed action are identified.                     accessed on the Commission’s                          the United States, competitive
                                               Comments during this stage of the                       Electronic Document Information                       conditions in the United States
                                               scoping process will only be accepted in                System (EDIS) at https://edis.usitc.gov,              economy, the production of like or
                                               written form. Written comments may be                   and will be available for inspection                  directly competitive articles in the
                                               submitted by mail, electronic mail,                     during official business hours (8:45 a.m.             United States, or United States
                                               facsimile transmission or in person to                  to 5:15 p.m.) in the Office of the                    consumers.
                                               the contact listed in the ADDRESSES                     Secretary, U.S. International Trade                      In particular, the Commission is
                                               section of this notice. Comments and                    Commission, 500 E Street SW,                          interested in comments that:
                                               participation in the scoping process are                Washington, DC 20436, telephone (202)                    (i) Explain how the articles
                                               encouraged.                                             205–2000.                                             potentially subject to the requested
                                                                                                         General information concerning the                  remedial orders are used in the United
                                               IX. Public Disclosure                                   Commission may also be obtained by                    States;
                                                 Before including your address, phone                  accessing its internet server at United                  (ii) identify any public health, safety,
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                                               number, email address or other personal                 States International Trade Commission                 or welfare concerns in the United States
                                               identifying information in your                         (USITC) at https://www.usitc.gov. The                 relating to the requested remedial
                                               comment, you should be aware that                       public record for this investigation may              orders;
                                               your entire comment—including your                      be viewed on the Commission’s                            (iii) identify like or directly
                                               personal identifying information—may                    Electronic Document Information                       competitive articles that complainant,
                                               be made publicly available at any time.                 System (EDIS) at https://edis.usitc.gov.              its licensees, or third parties make in the
                                               While you can ask us in your comment                    Hearing-impaired persons are advised                  United States which could replace the


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                                               61792                       Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices

                                               subject articles if they were to be                     and contract personnel (a) for                        documents filed in connection with this
                                               excluded;                                               developing or maintaining the records                 investigation are or will be available for
                                                  (iv) indicate whether complainant,                   of this or a related proceeding, or (b) in            inspection during official business
                                               complainant’s licensees, and/or third                   internal investigations, audits, reviews,             hours (8:45 a.m. to 5:15 p.m.) in the
                                               party suppliers have the capacity to                    and evaluations relating to the                       Office of the Secretary, U.S.
                                               replace the volume of articles                          programs, personnel, and operations of                International Trade Commission, 500 E
                                               potentially subject to the requested                    the Commission including under 5                      Street SW, Washington, DC 20436,
                                               exclusion order and/or a cease and                      U.S.C. Appendix 3; or (ii) by U.S.                    telephone 202–205–2000. General
                                               desist order within a commercially                      government employees and contract                     information concerning the Commission
                                               reasonable time; and                                    personnel,2 solely for cybersecurity                  may also be obtained by accessing its
                                                  (v) explain how the requested                        purposes. All nonconfidential written                 internet server (https://www.usitc.gov.)
                                               remedial orders would impact United                     submissions will be available for public              The public record for this investigation
                                               States consumers.                                       inspection at the Office of the Secretary             may be viewed on the Commission’s
                                                  Written submissions must be filed no                 and on EDIS.3                                         electronic docket (EDIS) at https://
                                               later than by close of business, eight                    This action is taken under the                      edis.usitc.gov. Hearing-impaired
                                               calendar days after the date of                         authority of section 337 of the Tariff Act            persons are advised that information on
                                               publication of this notice in the Federal               of 1930, as amended (19 U.S.C. 1337),                 this matter can be obtained by
                                               Register. There will be further                         and of §§ 201.10 and 210.8(c) of the                  contacting the Commission’s TDD
                                               opportunities for comment on the                        Commission’s Rules of Practice and                    terminal on 202–205–1810.
                                               public interest after the issuance of any               Procedure (19 CFR 201.10, 210.8(c)).
                                               final initial determination in this                       By order of the Commission.                         SUPPLEMENTARY INFORMATION:      The
                                               investigation.                                            Issued: December 26, 2017.                          Commission instituted this investigation
                                                  Persons filing written submissions                                                                         on August 9, 2016, based on a complaint
                                                                                                       Katherine M. Hiner,
                                               must file the original document                                                                               filed by The Chamberlain Group, Inc. of
                                                                                                       Supervisory Attorney.
                                               electronically on or before the deadlines                                                                     Elmhurst, Illinois (‘‘Chamberlain’’ or
                                                                                                       [FR Doc. 2017–28197 Filed 12–28–17; 8:45 am]
                                               stated above and submit 8 true paper                                                                          ‘‘CGI’’). 81 FR 52713 (Aug. 9, 2016). The
                                               copies to the Office of the Secretary by                BILLING CODE 7020–02–P
                                                                                                                                                             complaint alleges violations of section
                                               noon the next day pursuant to § 210.4(f)                                                                      337 of the Tariff Act of 1930, as
                                               of the Commission’s Rules of Practice                                                                         amended (19 U.S.C. 1337), in the
                                                                                                       INTERNATIONAL TRADE
                                               and Procedure (19 CFR 210.4(f)).                                                                              importation into the United States, the
                                                                                                       COMMISSION
                                               Submissions should refer to the docket                                                                        sale for importation, and the sale within
                                               number (‘‘Docket No. 3283’’) in a                       [Investigation No. 337–TA–1016]                       the United States after importation of
                                               prominent place on the cover page and/                                                                        certain access control systems and
                                               or the first page. (See Handbook for                    Certain Access Control Systems and                    components thereof by reason of
                                               Electonic Filing Procedures, Electronic                 Components Thereof Notice of                          infringement of one or more of claims 1,
                                               Filing Procedures 1). Persons with                      Commission Determination To Review                    10–12, and 18–25 of U.S. Patent No.
                                               questions regarding filing should                       in Part a Final Initial Determination;                7,196,611 (‘‘the ’611 patent’’); claims 1–
                                               contact the Secretary (202–205–2000).                   Schedule for Filing Written                           4, 7–12, 15, and 16 of the ’319 patent;
                                                  Any person desiring to submit a                      Submissions; Extension of Target Date
                                                                                                                                                             and claims 7, 11–13,15–23, and 34–36
                                               document to the Commission in                           AGENCY: U.S. International Trade                      of the ’336 patent. Id. The notice of
                                               confidence must request confidential                    Commission.                                           investigation named the following
                                               treatment. All such requests should be                  ACTION: Notice.                                       respondents: Techtronic Industries
                                               directed to the Secretary to the                                                                              Company Ltd. of Tsuen Wan, Hong
                                               Commission and must include a full                      SUMMARY:     Notice is hereby given that              Kong; Techtronic Industries North
                                               statement of the reasons why the                        the U.S. International Trade                          America Inc. of Hunt Valley, Maryland;
                                               Commission should grant such                            Commission has determined to review                   One World Technologies, Inc. of
                                               treatment. See 19 CFR 201.6. Documents                  in part the final initial determination               Anderson, South Carolina; OWT
                                               for which confidential treatment by the                 (‘‘ID’’) issued by the presiding                      Industries, Inc. of Pickens, South
                                               Commission is properly sought will be                   administrative law judge (‘‘ALJ’’) on                 Carolina; ET Technology (Wuxi). Co.,
                                               treated accordingly. All such requests                  October 23, 2017, finding a violation of              Ltd. of Zhejiang, China (collectively,
                                               should be directed to the Secretary to                  section 337 of the Tariff Act of 1930, as             ‘‘Respondents’’); and Ryobi
                                               the Commission and must include a full                  amended, as to claims 1–4, 7–12, 15,                  Technologies Inc. of Anderson, South
                                               statement of the reasons why the                        and 16 of U.S. Patent No. 7,161,319                   Carolina (‘‘Ryobi’’). Id. The Office of
                                               Commission should grant such                            (‘‘the ’319 patent’’) and no violation of             Unfair Import Investigations is not a
                                               treatment. See 19 CFR 201.6. Documents                  section 337 as to claim 34 of U.S. Patent             party to the investigation.
                                               for which confidential treatment by the                 No. 7,339,336 (‘‘the ’336 patent’’). The
                                                                                                       Commission has also determined to                        On October 27, 2016, the Commission
                                               Commission is properly sought will be
                                                                                                       extend the target date to March 2, 2018.              determined not to review the ALJ’s
                                               treated accordingly. All information,
                                                                                                                                                             order (Order No. 4) granting a motion to
                                               including confidential business                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             amend the Notice of Investigation to
                                               information and documents for which                     Panyin A. Hughes, Office of the General               include the following two additional
                                               confidential treatment is properly                      Counsel, U.S. International Trade                     respondents: Techtronic Trading
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                                               sought, submitted to the Commission for                 Commission, 500 E Street SW,                          Limited of Kwai Chung, Hong Kong; and
                                               purposes of this Investigation may be                   Washington, DC 20436, telephone 202–                  Techtronic Industries Factory Outlets
                                               disclosed to and used: (i) By the                       205–3042. Copies of non-confidential                  Inc., d/b/a Direct Tools Factory Outlet of
                                               Commission, its employees and Offices,
                                                                                                         2 All contract personnel will sign appropriate
                                                                                                                                                             Anderson, South Carolina (collectively,
                                                 1 Handbook  for Electronic Filing Procedures:         nondisclosure agreements.                             ‘‘Techtronic’’). See Order No. 4,
                                               https://www.usitc.gov/documents/handbook_on_              3 Electronic Document Information System            Comm’n Notice of Non-Review (Oct. 27,
                                               filing_procedures.pdf.                                  (EDIS): https://edis.usitc.gov.                       2016).


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Document Created: 2018-01-03 13:17:00
Document Modified: 2018-01-03 13:17:00
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 61791 

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