83_FR_12869 83 FR 12812 - Certain Collapsible Sockets for Mobile Electronic Devices and Components Thereof; Commission Determination To Review an Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

83 FR 12812 - Certain Collapsible Sockets for Mobile Electronic Devices and Components Thereof; Commission Determination To Review an Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range12812-12814
FR Document2018-05906

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the presiding administrative law judge's initial determination (Order No. 11) granting summary determination that the defaulting respondents have violated section 337 in the above-captioned investigation. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the public interest, and bonding.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12812-12814]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05906]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1056]


Certain Collapsible Sockets for Mobile Electronic Devices and 
Components Thereof; Commission Determination To Review an Initial 
Determination in Part; Schedule for Filing Written Submissions on the 
Issues Under Review and on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part the presiding 
administrative law judge's initial determination (Order No. 11) 
granting summary determination that the defaulting respondents have 
violated section 337 in the above-captioned investigation. The 
Commission requests certain briefing from the parties on the issues 
under review, as indicated in this notice. The Commission also requests 
briefing from the parties and interested persons on the issues of 
remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 15, 2017, based on a complaint filed on behalf of PopSockets LLC 
of Boulder, Colorado (``PopSockets'' or ``Complainant''). 82 FR 22348-
49 (May 15, 2017). The complaint alleges violations of section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain collapsible 
sockets for mobile electronic devices and components thereof by reason 
of infringement of U.S. Patent No. 8,560,031 (``the '031 patent''). Id. 
The notice of investigation named as respondents Agomax Group Ltd. of 
Kowloon, Hong Kong; Hangzhou Hangkai Technology Co., Ltd. of Zhejiang, 
China; Yiwu Wentou Import & Export Co., Ltd. of Zhejiang, China; 
Shenzhen Enruize Technology Co., Ltd. of Shenzhen, China; and Guangzhou 
Xi Xun Electronics Co., Ltd.; Shenzhen Chuanghui Industry Co., Ltd. of 
Guangdong, China; Shenzhen VVI Electronic Limited; Shenzhen Yright 
Technology Co., Ltd.; Shenzhen Kinsen Technology Co., Limited; Shenzhen 
Showerstar Industrial Co., Ltd.; Shenzhen Lamye Technology Co., Ltd.; 
Jiangmen Besnovo Electronics Co., Ltd.; Shenzhen Belking Electronic 
Co., Ltd.; Shenzhen CEX Electronic Co., Limited, all of Guangdong, 
China. Id. The Office of Unfair Import Investigations (``OUII'') also 
was named as a party in the investigation.
    On August 22, 2017, the Commission found the following thirteen 
respondents in default: Agomax Group Ltd.; Yiwu Wentou Import & Export 
Co., Ltd.; Hangzhou Hangkai Technology Co., Ltd.; Shenzhen Enruize 
Technology Co., Ltd.; Guangzhou Xi Xun Electronics Co., Ltd.; Shenzhen 
VVI Electronic Limited; Shenzhen Yright Technology Co., Ltd.; Shenzhen 
Kinsen Technology Co., Limited; Shenzhen Showerstar Industrial Co., 
Ltd.; Shenzhen Lamye Technology Co., Ltd.; Jiangmen Besnovo Electronics 
Co., Ltd.; Shenzhen Belking Electronic Co., Ltd.; and Shenzhen CEX 
Electronic Co., Limited (collectively, ``defaulting respondents''). 
Notice (Aug. 22, 2017) (determining not to review Order No. 9 (Aug. 4, 
2017)).
    On September 18, 2017, the Commission terminated Shenzhen Chuanghui 
Industry Co., Ltd. based on withdrawal of the complaint as to that 
respondent. Notice (Sept. 18, 2017) (determining not to review Order 
No. 10 (Aug. 28, 2017)).
    On August 8, 2017, PopSockets filed a motion for summary 
determination that (1) the defaulting respondents have sold for 
importation into the United States, imported into the United States, or 
sold after importation certain collapsible sockets for mobile 
electronic devices and components thereof that allegedly infringe 
certain claims of the '031 patent in violation of section 337; (2) the 
accused products infringe the asserted claims of the '031 patent; and 
(3) a domestic industry with respect to the '031 patent exists. The 
motion also requested a recommendation for entry of a general exclusion 
order and a bonding requirement pending Presidential review. On August 
31, 2017, OUII filed a response supporting the motion in substantial 
part and supporting the requested remedy of a general exclusion order.
    On February 1, 2018, the administrative law judge (``ALJ'') issued 
an initial determination (``ID'') (Order No. 11), granting PopSockets' 
motion for summary determination of a section 337 violation. The ID 
found that the defaulting respondents' accused products infringe one or 
more of claims 9-12 of the '031 patent, but found no infringement of 
claims 16 and 17 of the '031 patent. The ID found that the defaulting 
respondents' accused products have been imported into the United States 
and that a domestic

[[Page 12813]]

industry exists in the United States with respect to the '031 patent. 
The ALJ also issued a Recommended Determination on Remedy and Bonding, 
recommending that, if the Commission finds a section 337 violation, the 
Commission issue a general exclusion order and impose a bond of 100 
percent during the period of Presidential review. No petitions for 
review of the ID were filed.
    Having examined the record of this investigation, including the ID, 
the Commission has determined to review in part the ALJ's determination 
of a section 337 violation. Specifically, the Commission has determined 
to review (1) the ID's findings on the technical prong of the domestic 
industry requirement to correct a typographical error, namely, to 
modify a citation to ``Mem. Ex. 2 (Kemnitzer Decl.) at ] 77 
(Infringement Analysis and Chart)'' at page 107 of the ID to ``Mem. Ex. 
2 (Kemnitzer Decl.) at ] 61 (Analysis and Chart)'' and (2) the ID's 
findings on the economic prong of the domestic industry requirement. 
The Commission has determined not to review the remaining issues 
decided in the ID.
    In connection with its review, the Commission requests responses to 
the following questions. The parties are requested to brief their 
positions with reference to the applicable law and the record.
    1. Please describe the nature and significance of PopSockets' 
alleged domestic industry investments, i.e., in the context of 
PopSockets' operations, marketplace, or industry, and whether 
PopSockets' activities have a direct bearing on the practice of the 
'031 patent. As part of your response, please describe in detail 
PopSockets' activities in engineering, research, development, 
operations, marketing, sales, service, and assembly and what amount or 
portion of the total alleged investment under each of 19 U.S.C. 
1337(a)(3)(A), (B), and (C) is allocable to each activity.
    2. Please provide a basis for crediting any investments that 
occurred after the filing date of the complaint towards the domestic 
industry requirement.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in the respondent 
being required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles.
    Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 1994), Comm'n Opinion. In particular, the written submissions 
should address any request for a cease and desist order in the context 
of recent Commission opinions, including those in Certain Arrowheads 
with Deploying Blades and Components Thereof and Packaging Therefor, 
Inv. No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain Electric 
Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing 
the Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). 
Specifically, if Complainant seeks a cease and desist order against a 
defaulting respondent, the written submissions should respond to the 
following requests:
    1. Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a cease and desist order is sought. If 
Complainant also relies on other significant domestic operations that 
could undercut the remedy provided by an exclusion order, please 
identify with citations to the record such information as to each 
respondent against whom a cease and desist order is sought.
    2. In relation to the infringing products, please identify any 
information in the record, including allegations in the pleadings, that 
addresses the existence of any domestic inventory, any domestic 
operations, or any sales-related activity directed at the United States 
for each respondent against whom a cease and desist order is sought.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on all of the issues identified in this 
notice. Parties to the investigation, interested government agencies, 
and any other interested parties are encouraged to file written 
submissions on the issues of remedy, the public interest, and bonding. 
Such submissions should address the recommended determination by the 
ALJ on remedy and bonding. Complainant is also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainant is also requested to state the date that the asserted 
patents expire and the HTSUS numbers under which the accused products 
are imported, and provide identification information for all known 
importers of the subject articles. Initial written submissions and 
proposed remedial orders must be filed no later than close of business 
on Monday, April 2, 2018. Reply submissions must be filed no later than 
the close of business on Monday, April 9, 2018. No further submissions 
on these issues will be permitted unless otherwise ordered by the 
Commission. 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 section 210.4(f) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to 
the investigation number (Inv. No. 337-TA-1056) in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential

[[Page 12814]]

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 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,\1\ solely for cybersecurity purposes. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

     By order of the Commission.

    Issued: March 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-05906 Filed 3-22-18; 8:45 am]
 BILLING CODE 7020-02-P



                                             12812                           Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             submissions must include the                            that the defaulting respondents have                  Jiangmen Besnovo Electronics Co., Ltd.;
                                             commenter’s name and street address.                    violated section 337 in the above-                    Shenzhen Belking Electronic Co., Ltd.;
                                             Comments, including the names and                       captioned investigation. The                          Shenzhen CEX Electronic Co., Limited,
                                             addresses of the commenter, will be                     Commission requests certain briefing                  all of Guangdong, China. Id. The Office
                                             available for public inspection at the                  from the parties on the issues under                  of Unfair Import Investigations (‘‘OUII’’)
                                             locations listed above during normal                    review, as indicated in this notice. The              also was named as a party in the
                                             business hours (7:45 a.m. to 4:30 p.m.                  Commission also requests briefing from                investigation.
                                             Mountain Daylight Time), Monday                         the parties and interested persons on the                On August 22, 2017, the Commission
                                             through Friday, except Federal holidays.                issues of remedy, the public interest,                found the following thirteen
                                               Comments on the Draft EIS may be                      and bonding.                                          respondents in default: Agomax Group
                                             submitted in writing to the BLM at any                  FOR FURTHER INFORMATION CONTACT:                      Ltd.; Yiwu Wentou Import & Export Co.,
                                             public comment meeting or through one                   Lucy Grace D. Noyola, Office of the                   Ltd.; Hangzhou Hangkai Technology
                                             of the methods listed in the ADDRESSES                  General Counsel, U.S. International                   Co., Ltd.; Shenzhen Enruize Technology
                                             section. The BLM requests that                          Trade Commission, 500 E Street SW,                    Co., Ltd.; Guangzhou Xi Xun Electronics
                                             comments be structured so they are                      Washington, DC 20436, telephone 202–                  Co., Ltd.; Shenzhen VVI Electronic
                                             substantive and contain sufficient detail               205–3438. Copies of non-confidential                  Limited; Shenzhen Yright Technology
                                             to allow the BLM to address them in the                 documents filed in connection with this               Co., Ltd.; Shenzhen Kinsen Technology
                                             Final EIS. All comments must include a                  investigation are or will be available for            Co., Limited; Shenzhen Showerstar
                                             legible full name and address on the                    inspection during official business                   Industrial Co., Ltd.; Shenzhen Lamye
                                             envelope, letter, fax, postcard, or email.              hours (8:45 a.m. to 5:15 p.m.) in the                 Technology Co., Ltd.; Jiangmen Besnovo
                                             Copies of the Draft EIS have been sent                  Office of the Secretary, U.S.                         Electronics Co., Ltd.; Shenzhen Belking
                                             to affected Federal, State, and local                   International Trade Commission, 500 E                 Electronic Co., Ltd.; and Shenzhen CEX
                                             governments; public libraries in the                    Street SW, Washington, DC 20436,                      Electronic Co., Limited (collectively,
                                             Project area; and interested parties that               telephone 202–205–2000. General                       ‘‘defaulting respondents’’). Notice (Aug.
                                             previously requested a copy.                            information concerning the Commission                 22, 2017) (determining not to review
                                               Before including your address, phone                  may also be obtained by accessing its                 Order No. 9 (Aug. 4, 2017)).
                                             number, email address, or any other                                                                              On September 18, 2017, the
                                                                                                     internet server (https://www.usitc.gov).
                                             personal identifying information in your                                                                      Commission terminated Shenzhen
                                                                                                     The public record for this investigation
                                             comment, you should be aware that                                                                             Chuanghui Industry Co., Ltd. based on
                                                                                                     may be viewed on the Commission’s
                                             your entire comment—including your                                                                            withdrawal of the complaint as to that
                                                                                                     electronic docket (EDIS) at https://
                                             personal identifying information—may                                                                          respondent. Notice (Sept. 18, 2017)
                                                                                                     edis.usitc.gov. Hearing-impaired
                                                                                                                                                           (determining not to review Order No. 10
                                             be made publicly available at any time.                 persons are advised that information on
                                                                                                                                                           (Aug. 28, 2017)).
                                             While you may request in your                           this matter can be obtained by                           On August 8, 2017, PopSockets filed
                                             comment that your personal identifying                  contacting the Commission’s TDD                       a motion for summary determination
                                             information be withheld from public                     terminal on 202–205–1810.                             that (1) the defaulting respondents have
                                             review, we cannot guarantee that we                     SUPPLEMENTARY INFORMATION: The                        sold for importation into the United
                                             will be able to do so.                                  Commission instituted this investigation              States, imported into the United States,
                                                Authority: 40 CFR 1501.7.                            on May 15, 2017, based on a complaint                 or sold after importation certain
                                                                                                     filed on behalf of PopSockets LLC of                  collapsible sockets for mobile electronic
                                             Mary Jo Rugwell,                                        Boulder, Colorado (‘‘PopSockets’’ or                  devices and components thereof that
                                             State Director.                                         ‘‘Complainant’’). 82 FR 22348–49 (May                 allegedly infringe certain claims of the
                                             [FR Doc. 2018–05858 Filed 3–22–18; 8:45 am]             15, 2017). The complaint alleges                      ’031 patent in violation of section 337;
                                             BILLING CODE 4310–22–P                                  violations of section 337 of the Tariff               (2) the accused products infringe the
                                                                                                     Act of 1930, as amended, 19 U.S.C. 1337               asserted claims of the ’031 patent; and
                                                                                                     based upon the importation into the                   (3) a domestic industry with respect to
                                             INTERNATIONAL TRADE                                     United States, the sale for importation,              the ’031 patent exists. The motion also
                                             COMMISSION                                              and the sale within the United States                 requested a recommendation for entry of
                                                                                                     after importation of certain collapsible              a general exclusion order and a bonding
                                             [Investigation No. 337–TA–1056]                         sockets for mobile electronic devices                 requirement pending Presidential
                                                                                                     and components thereof by reason of                   review. On August 31, 2017, OUII filed
                                             Certain Collapsible Sockets for Mobile
                                                                                                     infringement of U.S. Patent No.                       a response supporting the motion in
                                             Electronic Devices and Components
                                                                                                     8,560,031 (‘‘the ’031 patent’’). Id. The              substantial part and supporting the
                                             Thereof; Commission Determination
                                                                                                     notice of investigation named as                      requested remedy of a general exclusion
                                             To Review an Initial Determination in
                                                                                                     respondents Agomax Group Ltd. of                      order.
                                             Part; Schedule for Filing Written
                                                                                                     Kowloon, Hong Kong; Hangzhou                             On February 1, 2018, the
                                             Submissions on the Issues Under
                                                                                                     Hangkai Technology Co., Ltd. of                       administrative law judge (‘‘ALJ’’) issued
                                             Review and on Remedy, the Public
                                                                                                     Zhejiang, China; Yiwu Wentou Import &                 an initial determination (‘‘ID’’) (Order
                                             Interest, and Bonding
                                                                                                     Export Co., Ltd. of Zhejiang, China;                  No. 11), granting PopSockets’ motion for
                                             AGENCY: U.S. International Trade                        Shenzhen Enruize Technology Co., Ltd.                 summary determination of a section 337
                                             Commission.                                             of Shenzhen, China; and Guangzhou Xi                  violation. The ID found that the
                                             ACTION: Notice.                                         Xun Electronics Co., Ltd.; Shenzhen                   defaulting respondents’ accused
amozie on DSK30RV082PROD with NOTICES




                                                                                                     Chuanghui Industry Co., Ltd. of                       products infringe one or more of claims
                                             SUMMARY:   Notice is hereby given that                  Guangdong, China; Shenzhen VVI                        9–12 of the ’031 patent, but found no
                                             the U.S. International Trade                            Electronic Limited; Shenzhen Yright                   infringement of claims 16 and 17 of the
                                             Commission has determined to review-                    Technology Co., Ltd.; Shenzhen Kinsen                 ’031 patent. The ID found that the
                                             in-part the presiding administrative law                Technology Co., Limited; Shenzhen                     defaulting respondents’ accused
                                             judge’s initial determination (Order No.                Showerstar Industrial Co., Ltd.;                      products have been imported into the
                                             11) granting summary determination                      Shenzhen Lamye Technology Co., Ltd.;                  United States and that a domestic


                                        VerDate Sep<11>2014   21:54 Mar 22, 2018   Jkt 244001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\23MRN1.SGM   23MRN1


                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                           12813

                                             industry exists in the United States with               remedy, if any, that should be ordered.               aforementioned public interest factors
                                             respect to the ’031 patent. The ALJ also                If a party seeks exclusion of an article              in the context of this investigation.
                                             issued a Recommended Determination                      from entry into the United States for                    If the Commission orders some form
                                             on Remedy and Bonding,                                  purposes other than entry for                         of remedy, the U.S. Trade
                                             recommending that, if the Commission                    consumption, the party should so                      Representative, as delegated by the
                                             finds a section 337 violation, the                      indicate and provide information                      President, has 60 days to approve or
                                             Commission issue a general exclusion                    establishing that activities involving                disapprove the Commission’s action.
                                             order and impose a bond of 100 percent                  other types of entry either are adversely             See Presidential Memorandum of July
                                             during the period of Presidential review.               affecting it or likely to do so. For                  21, 2005, 70 FR 43251 (July 26, 2005).
                                             No petitions for review of the ID were                  background, see Certain Devices for                   During this period, the subject articles
                                             filed.                                                  Connecting Computers via Telephone                    would be entitled to enter the United
                                                Having examined the record of this                   Lines, Inv. No. 337–TA–360, USITC                     States under bond, in an amount
                                             investigation, including the ID, the                    Pub. No. 2843 (Dec. 1994), Comm’n                     determined by the Commission and
                                             Commission has determined to review                     Opinion. In particular, the written                   prescribed by the Secretary of the
                                             in part the ALJ’s determination of a                    submissions should address any request                Treasury. The Commission is therefore
                                             section 337 violation. Specifically, the                for a cease and desist order in the                   interested in receiving submissions
                                             Commission has determined to review                     context of recent Commission opinions,                concerning the amount of the bond that
                                             (1) the ID’s findings on the technical                  including those in Certain Arrowheads                 should be imposed if a remedy is
                                             prong of the domestic industry                          with Deploying Blades and Components                  ordered.
                                             requirement to correct a typographical                  Thereof and Packaging Therefor, Inv.                     Written Submissions: The parties to
                                             error, namely, to modify a citation to                  No. 337–TA–977, Comm’n Op. (Apr. 28,                  the investigation are requested to file
                                             ‘‘Mem. Ex. 2 (Kemnitzer Decl.) at ¶ 77                  2017) and Certain Electric Skin Care                  written submissions on all of the issues
                                             (Infringement Analysis and Chart)’’ at                  Devices, Brushes and Chargers Therefor,               identified in this notice. Parties to the
                                             page 107 of the ID to ‘‘Mem. Ex. 2                      and Kits Containing the Same, Inv. No.                investigation, interested government
                                             (Kemnitzer Decl.) at ¶ 61 (Analysis and                 337–TA–959, Comm’n Op. (Feb. 13,                      agencies, and any other interested
                                             Chart)’’ and (2) the ID’s findings on the               2017). Specifically, if Complainant                   parties are encouraged to file written
                                             economic prong of the domestic                          seeks a cease and desist order against a              submissions on the issues of remedy,
                                             industry requirement. The Commission                    defaulting respondent, the written                    the public interest, and bonding. Such
                                             has determined not to review the                        submissions should respond to the                     submissions should address the
                                             remaining issues decided in the ID.                     following requests:                                   recommended determination by the ALJ
                                                In connection with its review, the                                                                         on remedy and bonding. Complainant is
                                                                                                        1. Please identify with citations to the
                                             Commission requests responses to the                                                                          also requested to submit proposed
                                                                                                     record any information regarding
                                             following questions. The parties are                                                                          remedial orders for the Commission’s
                                                                                                     commercially significant inventory in
                                             requested to brief their positions with                                                                       consideration. Complainant is also
                                                                                                     the United States as to each respondent               requested to state the date that the
                                             reference to the applicable law and the
                                                                                                     against whom a cease and desist order                 asserted patents expire and the HTSUS
                                             record.
                                                1. Please describe the nature and                    is sought. If Complainant also relies on              numbers under which the accused
                                             significance of PopSockets’ alleged                     other significant domestic operations                 products are imported, and provide
                                             domestic industry investments, i.e., in                 that could undercut the remedy                        identification information for all known
                                             the context of PopSockets’ operations,                  provided by an exclusion order, please                importers of the subject articles. Initial
                                             marketplace, or industry, and whether                   identify with citations to the record                 written submissions and proposed
                                             PopSockets’ activities have a direct                    such information as to each respondent                remedial orders must be filed no later
                                             bearing on the practice of the ’031                     against whom a cease and desist order                 than close of business on Monday, April
                                             patent. As part of your response, please                is sought.                                            2, 2018. Reply submissions must be
                                             describe in detail PopSockets’ activities                  2. In relation to the infringing                   filed no later than the close of business
                                             in engineering, research, development,                  products, please identify any                         on Monday, April 9, 2018. No further
                                             operations, marketing, sales, service,                  information in the record, including                  submissions on these issues will be
                                             and assembly and what amount or                         allegations in the pleadings, that                    permitted unless otherwise ordered by
                                             portion of the total alleged investment                 addresses the existence of any domestic               the Commission. Persons filing written
                                             under each of 19 U.S.C. 1337(a)(3)(A),                  inventory, any domestic operations, or                submissions must file the original
                                             (B), and (C) is allocable to each activity.             any sales-related activity directed at the            document electronically on or before the
                                                2. Please provide a basis for crediting              United States for each respondent                     deadlines stated above and submit 8
                                             any investments that occurred after the                 against whom a cease and desist order                 true paper copies to the Office of the
                                             filing date of the complaint towards the                is sought.                                            Secretary by noon the next day pursuant
                                             domestic industry requirement.                             If the Commission contemplates some                to section 210.4(f) of the Commission’s
                                                In connection with the final                         form of remedy, it must consider the                  Rules of Practice and Procedure (19 CFR
                                             disposition of this investigation, the                  effects of that remedy upon the public                210.4(f)). Submissions should refer to
                                             Commission may (1) issue an order that                  interest. The factors the Commission                  the investigation number (Inv. No. 337–
                                             could result in the exclusion of the                    will consider include the effect that an              TA–1056) in a prominent place on the
                                             subject articles from entry into the                    exclusion order and/or cease and desist               cover page and/or the first page. (See
                                             United States, and/or (2) issue a cease                 order would have on (1) the public                    Handbook for Electronic Filing
                                             and desist order that could result in the               health and welfare, (2) competitive                   Procedures, https://www.usitc.gov/
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                                             respondent being required to cease and                  conditions in the U.S. economy, (3) U.S.              secretary/documents/handbook_on_
                                             desist from engaging in unfair acts in                  production of articles that are like or               filing_procedures.pdf). Persons with
                                             the importation and sale of such                        directly competitive with those that are              questions regarding filing should
                                             articles.                                               subject to investigation, and (4) U.S.                contact the Secretary at (202) 205–2000.
                                                Accordingly, the Commission is                       consumers. The Commission is                             Any person desiring to submit a
                                             interested in receiving written                         therefore interested in receiving written             document to the Commission in
                                             submissions that address the form of                    submissions that address the                          confidence must request confidential


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                                             12814                           Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             treatment. All such requests should be                  injury within a reasonably foreseeable                subparts A, D, E, and F (19 CFR part
                                             directed to the Secretary to the                        time. The Commission has determined                   207).
                                             Commission and must include a full                      to exercise its authority to extend the                  Limited disclosure of business
                                             statement of the reasons why the                        review period by up to 90 days.                       proprietary information (BPI) under an
                                             Commission should grant such                            DATES: March 19, 2018.                                administrative protective order (APO)
                                             treatment. See 19 CFR 201.6. Documents                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           and BPI service list.—Pursuant to
                                             for which confidential treatment by the                 Kristina Lara ((202) 205–3386), Office of             section 207.7(a) of the Commission’s
                                             Commission is properly sought will be                   Investigations, U.S. International Trade              rules, the Secretary will make BPI
                                             treated accordingly. All information,                   Commission, 500 E Street SW,                          gathered in these reviews available to
                                             including confidential business                         Washington, DC 20436. Hearing-                        authorized applicants under the APO
                                             information and documents for which                     impaired persons can obtain                           issued in the reviews, provided that the
                                             confidential treatment is properly                      information on this matter by contacting              application is made by 45 days after
                                             sought, submitted to the Commission for                                                                       publication of this notice. Authorized
                                                                                                     the Commission’s TDD terminal on 202–
                                             purposes of this investigation may be                                                                         applicants must represent interested
                                                                                                     205–1810. Persons with mobility
                                             disclosed to and used: (i) By the                                                                             parties, as defined by 19 U.S.C. 1677(9),
                                                                                                     impairments who will need special
                                             Commission, its employees and Offices,                                                                        who are parties to the reviews. A party
                                                                                                     assistance in gaining access to the
                                             and contract personnel (a) for                                                                                granted access to BPI following
                                                                                                     Commission should contact the Office
                                             developing or maintaining the records                                                                         publication of the Commission’s notice
                                                                                                     of the Secretary at 202–205–2000.
                                             of this or a related proceeding, or (b) in                                                                    of institution of the reviews need not
                                                                                                     General information concerning the
                                             internal investigations, audits, reviews,                                                                     reapply for such access. A separate
                                                                                                     Commission may also be obtained by
                                             and evaluations relating to the                                                                               service list will be maintained by the
                                                                                                     accessing its internet server (https://
                                             programs, personnel, and operations of                                                                        Secretary for those parties authorized to
                                                                                                     www.usitc.gov). The public record for                 receive BPI under the APO.
                                             the Commission including under 5
                                                                                                     these reviews may be viewed on the                       Staff report.—The prehearing staff
                                             U.S.C. Appendix 3; or (ii) by U.S.
                                                                                                     Commission’s electronic docket (EDIS)                 report in the reviews will be placed in
                                             government employees and contract
                                                                                                     at https://edis.usitc.gov.                            the nonpublic record on June 21, 2018,
                                             personnel,1 solely for cybersecurity
                                             purposes. All nonconfidential written                   SUPPLEMENTARY INFORMATION:                            and a public version will be issued
                                             submissions will be available for public                   Background.—On October 6, 2017,                    thereafter, pursuant to section 207.64 of
                                             inspection at the Office of the Secretary               the Commission determined that                        the Commission’s rules.
                                             and on EDIS.                                            responses to its notice of institution of                Hearing.—The Commission will hold
                                                The authority for the Commission’s                   the subject five-year reviews were such               a hearing in connection with the
                                             determination is contained in section                   that full reviews should proceed (82 FR               reviews beginning at 9:30 a.m. on
                                             337 of the Tariff Act of 1930, as                       48527, October 18, 2017); accordingly,                Thursday, July 12, 2018, at the U.S.
                                             amended (19 U.S.C. 1337), and in Part                   full reviews are being scheduled                      International Trade Commission
                                             210 of the Commission’s Rules of                        pursuant to section 751(c)(5) of the                  Building. Requests to appear at the
                                             Practice and Procedure (19 CFR part                     Tariff Act of 1930 (19 U.S.C. 1675(c)(5)).            hearing should be filed in writing with
                                             210).                                                   A record of the Commissioners’ votes,                 the Secretary to the Commission on or
                                                                                                     the Commission’s statement on                         before July 3, 2018. A nonparty who has
                                               By order of the Commission.
                                                                                                     adequacy, and any individual                          testimony that may aid the
                                               Issued: March 19, 2018.                               Commissioner’s statements are available               Commission’s deliberations may request
                                             Lisa R. Barton,                                         from the Office of the Secretary and at               permission to present a short statement
                                             Secretary to the Commission.                            the Commission’s website.                             at the hearing. All parties and
                                             [FR Doc. 2018–05906 Filed 3–22–18; 8:45 am]                Participation in the reviews and                   nonparties desiring to appear at the
                                             BILLING CODE 7020–02–P                                  public service list.—Persons, including               hearing and make oral presentations
                                                                                                     industrial users of the subject                       should participate in a prehearing
                                                                                                     merchandise and, if the merchandise is                conference to be held on July 6, 2018,
                                             INTERNATIONAL TRADE                                     sold at the retail level, representative              at the U.S. International Trade
                                             COMMISSION                                              consumer organizations, wishing to                    Commission Building, if deemed
                                             [Investigation Nos. 731–TA–678–679 and                  participate in these reviews as parties               necessary. Oral testimony and written
                                             681–682 (Fourth Review)]                                must file an entry of appearance with                 materials to be submitted at the public
                                                                                                     the Secretary to the Commission, as                   hearing are governed by sections
                                             Stainless Steel Bar From Brazil, India,                 provided in section 201.11 of the                     201.6(b)(2), 201.13(f), 207.24, and
                                             Japan, and Spain; Scheduling of Full                    Commission’s rules, by 45 days after                  207.66 of the Commission’s rules.
                                             Five-Year Reviews                                       publication of this notice. A party that              Parties must submit any request to
                                             AGENCY: United States International                     filed a notice of appearance following                present a portion of their hearing
                                             Trade Commission.                                       publication of the Commission’s notice                testimony in camera no later than 7
                                                                                                     of institution of the reviews need not                business days prior to the date of the
                                             ACTION: Notice.
                                                                                                     file an additional notice of appearance.              hearing.
                                             SUMMARY:   The Commission hereby gives                  The Secretary will maintain a public                     Written submissions.—Each party to
                                             notice of the scheduling of full reviews                service list containing the names and                 the reviews may submit a prehearing
                                             pursuant to the Tariff Act of 1930 (‘‘the               addresses of all persons, or their                    brief to the Commission. Prehearing
                                             Act’’) to determine whether revocation                  representatives, who are parties to the               briefs must conform with the provisions
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                                             of the antidumping duty orders on                       reviews.                                              of section 207.65 of the Commission’s
                                             stainless steel bar from Brazil, India,                    For further information concerning                 rules; the deadline for filing is July 2,
                                             Japan, and Spain would be likely to lead                the conduct of these reviews and rules                2018. Parties may also file written
                                             to continuation or recurrence of material               of general application, consult the                   testimony in connection with their
                                                                                                     Commission’s Rules of Practice and                    presentation at the hearing, as provided
                                               1 All contract personnel will sign appropriate        Procedure, part 201, subparts A and B                 in section 207.24 of the Commission’s
                                             nondisclosure agreements.                               (19 CFR part 201), and part 207,                      rules, and posthearing briefs, which


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Document Created: 2018-11-01 08:53:47
Document Modified: 2018-11-01 08:53:47
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.
ContactLucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3438. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205- 1810.
FR Citation83 FR 12812 

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