83 FR 17849 - Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same: Notice of Request for Statements on the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 79 (April 24, 2018)
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17849-17850 | |
| FR Document | 2018-08486 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Notices] [Pages 17849-17850] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08486] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1044] Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same: Notice of Request for Statements on the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the presiding administrative law judge has issued a final Initial Determination and a Recommended Determination on Remedy and Bond in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, namelya limited exclusion order (``LEO'') against certain graphics systems, components thereof, and consumer products containing the same, which are imported, sold for importation, and/or sold after importation by respondents VIZIO, Inc. (``VIZIO''), MediaTek Inc. and Media Tek USA Inc. (collectively, ``MediaTek''), and Sigma Designs, Inc. (``SDI''); and a cease and desist order (``CDO'') against respondents VIZIO and SDI. This notice is soliciting public interest comments from the public only. [[Page 17850]] Parties are to file public interest submissions pursuant to Commission rules. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. The public version of the complaint can be accessed on the Commission's electronic docket (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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In addition, members of the public are hereby invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge's Recommended Determination on Remedy and Bond issued in this investigation on April 13, 2018. Comments should address whether issuance of the LEO and CDO in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) Identify like or directly competitive articles that complainants, their licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainants, complainants' licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the LEO and CDO would impact consumers in the United States. Written submissions from the public must be filed no later than close of business on Friday, May 18, 2018. 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-1044'') in a prominent place on the cover page and/or the first page. See Handbook on Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf. Persons with questions regarding filing should contact the Secretary (202-205-2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.50). By order of the Commission. Issued: April 19, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-08486 Filed 4-23-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17849
two years; and (3) once informed of the confidential material was reviewed by full review (82 FR 41053, August 29,
breach, the attorney and economist took several individuals at the complainant 2017). Notice of the scheduling of the
immediate action to cure the breach. who were not authorized to view the Commission’s review and of a public
The Commission also considered CBI; and (2) that weeks had passed hearing to be held in connection
aggravating factors, including that (1) before the breach was discovered. therewith was given by posting copies
the attorney and the economist did not The Commission issued a private of the notice in the Office of the
discover the breach themselves, but letter of reprimand to the attorney who Secretary, U.S. International Trade
were instead informed of the breach by first sent the offending email to the Commission, Washington, DC, and by
counsel for petitioners; and (2) the brief complainant’s employees. The publishing the notice in the Federal
was publicly available on the Commission also issued a warning letter Register on October 26, 2017 (82 FR
Commission’s website for two days and to the second attorney, who exercised 49660). The hearing was cancelled on
was accessed by at least one individual inadequate oversight over the CBI in February 20, 2018 at the request of the
who was not authorized to view the BPI. question (including a failure to observe domestic interested parties (83 FR 39,
The Commission issued private letters that the attachment sent to the February 27, 2018).
of reprimand to the attorney and the complainant was replete with The Commission made this
economist. respondent’s CBI). determination pursuant to section
Case 8. The Commission determined Case 9. The Commission determined 751(c) of the Act (19 U.S.C. 1675(c)). It
that two attorneys representing the that a law firm representing the completed and filed its determination in
complainant breached an APO in a complainant did not breach an APO in this review on April 18, 2018. The
section 337 investigation when they a section 337 investigation. views of the Commission are contained
sent an email attachment containing Respondent’s counsel alleged that the in USITC Publication 4774 (April 2018),
information that had been designated as law firm used CBI without authorization entitled Foundry Coke from China:
CBI by the respondent to the to prepare and file a new complaint at Investigation No. 731–TA–891 (Third
complainant’s employees. the Commission. However, for each Review).
In this case, an attorney representing alleged instance of an improper
the complainant sent to the By order of the Commission.
disclosure of CBI, the law firm was able Issued: April 18, 2018.
complainant’s employees an email that to show that the information alleged to
appended portions of the complainant’s Lisa Barton,
be CBI was available in the public
draft pre-hearing brief which included Secretary to the Commission.
record.
CBI, asking them to read it and provide [FR Doc. 2018–08455 Filed 4–23–18; 8:45 am]
comments. A second attorney of the By order of the Commission.
BILLING CODE 7020–02–P
same law firm, who was responsible for Issued: April 18, 2018.
the day-to-day management of this Lisa Barton,
investigation for the complainant, was Secretary to the Commission. INTERNATIONAL TRADE
copied on the email. One of the [FR Doc. 2018–08432 Filed 4–23–18; 8:45 am] COMMISSION
complainant’s employees then BILLING CODE 7020–02–P [Investigation No. 337–TA–1044]
transmitted the document in question to
the complainant’s directors and other of Certain Graphics Systems,
the complainant’s employees. The INTERNATIONAL TRADE Components Thereof, and Consumer
attorneys’ law firm learned of the COMMISSION Products Containing the Same: Notice
disclosure on a phone call with the of Request for Statements on the
complainant’s employees. The law [Investigation No. 731–TA–891 (Third
Review)] Public Interest
firm’s counsel then spoke to the
respondent’s counsel and alerted the Foundry Coke From China AGENCY: U.S. International Trade
administrative law judge of the breach. Commission.
Thereafter, the administrative law judge Determination ACTION: Notice.
conducted a telephone conference with On the basis of the record 1 developed
the parties and ordered, inter alia, that SUMMARY: Notice is hereby given that
in the subject five-year review, the the presiding administrative law judge
the complainant retain an independent United States International Trade
forensic expert to produce a record of has issued a final Initial Determination
Commission (‘‘Commission’’)
the scope and timing of the disclosure and a Recommended Determination on
determines, pursuant to the Tariff Act of
of the CBI to the complainant’s Remedy and Bond in the above-
1930 (‘‘the Act’’), that revocation of the
employees. At the completion of the captioned investigation. The
antidumping duty order on foundry
report, all CBI in the complainant’s Commission is soliciting comments on
coke from China would be likely to lead
possession was to be destroyed. public interest issues raised by the
In determining the appropriate action to continuation or recurrence of material recommended relief, namelya limited
in response to the breach, the injury to an industry in the United exclusion order (‘‘LEO’’) against certain
Commission considered mitigating States within a reasonably foreseeable graphics systems, components thereof,
factors, including that (1) the breach time. and consumer products containing the
was inadvertent; (2) complainant’s Background same, which are imported, sold for
counsel self-reported the breach and importation, and/or sold after
The Commission, pursuant to section
took prompt action to destroy all copies importation by respondents VIZIO, Inc.
751(c) of the Act (19 U.S.C. 1675(c)),
daltland on DSKBBV9HB2PROD with NOTICES
of the disclosed document and prevent (‘‘VIZIO’’), MediaTek Inc. and Media
instituted this review on May 1, 2017
further dissemination; (3) respondent Tek USA Inc. (collectively,
(82 FR 20381) and determined on
was not seeking further sanctions; and ‘‘MediaTek’’), and Sigma Designs, Inc.
August 4, 2017 that it would conduct a
(4) neither attorney had previously been (‘‘SDI’’); and a cease and desist order
found in violation of an APO. The 1 The record is defined in sec. 207.2(f) of the (‘‘CDO’’) against respondents VIZIO and
Commission also considered aggravating Commission’s Rules of Practice and Procedure (19 SDI. This notice is soliciting public
factors, including that (1) the CFR 207.2(f)). interest comments from the public only.
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![17850 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
Parties are to file public interest directly competitive articles in the of 1930, as amended (19 U.S.C. 1337),
submissions pursuant to Commission United States, or United States and of sections 201.10 and 210.50 of the
rules. consumers. Commission’s Rules of Practice and
FOR FURTHER INFORMATION CONTACT:
In particular, the Commission is Procedure (19 CFR 201.10, 210.50).
Houda Morad, Office of the General interested in comments that: By order of the Commission.
Counsel, U.S. International Trade (i) Explain how the articles
Issued: April 19, 2018.
Commission, 500 E Street SW, potentially subject to the recommended
orders are used in the United States; Lisa Barton,
Washington, DC 20436, telephone (202) Secretary to the Commission.
(ii) Identify any public health, safety,
708–4716. The public version of the
or welfare concerns in the United States [FR Doc. 2018–08486 Filed 4–23–18; 8:45 am]
complaint can be accessed on the
relating to the recommended orders; BILLING CODE 7020–02–P
Commission’s electronic docket (EDIS) (iii) Identify like or directly
at https://edis.usitc.gov, and will be competitive articles that complainants,
available for inspection during official their licensees, or third parties make in
business hours (8:45 a.m. to 5:15 p.m.) DEPARTMENT OF JUSTICE
the United States which could replace
in the Office of the Secretary, U.S. the subject articles if they were to be Antitrust Division
International Trade Commission, 500 E excluded;
Street SW, Washington, DC 20436, (iv) Indicate whether complainants, Notice Pursuant to the National
telephone (202) 205–2000. complainants’ licensees, and/or third Cooperative Research and Production
General information concerning the party suppliers have the capacity to Act of 1993—IMS Global Learning
Commission may also be obtained by replace the volume of articles Consortium, Inc.
accessing its internet server (https:// potentially subject to the recommended
www.usitc.gov). The public record for exclusion order and/or a cease and Notice is hereby given that, on March
this investigation may be viewed on the desist order within a commercially 30, 2018, pursuant to Section 6(a) of the
Commission’s electronic docket (EDIS) reasonable time; and National Cooperative Research and
at https://edis.usitc.gov. Hearing- (v) Explain how the LEO and CDO Production Act of 1993, 15 U.S.C. 4301
impaired persons are advised that would impact consumers in the United et seq. (‘‘the Act’’), IMS Global Learning
information on this matter can be States. Consortium, Inc. (‘‘IMS Global’’) has
obtained by contacting the Written submissions from the public filed written notifications
Commission’s TDD terminal on (202) must be filed no later than close of simultaneously with the Attorney
205–1810. business on Friday, May 18, 2018. General and the Federal Trade
SUPPLEMENTARY INFORMATION: Section Persons filing written submissions Commission disclosing changes in its
337 of the Tariff Act of 1930 provides must file the original document membership. The notifications were
that if the Commission finds a violation electronically on or before the deadlines filed for the purpose of extending the
it shall exclude the articles concerned stated above and submit 8 true paper Act’s provisions limiting the recovery of
from the United States: copies to the Office of the Secretary by antitrust plaintiffs to actual damages
unless, after considering the effect of such noon the next day pursuant to section under specified circumstances.
exclusion upon the public health and 210.4(f) of the Commission’s Rules of Specifically, Accelerate Learning,
welfare, competitive conditions in the United Practice and Procedure (19 CFR Houston, TX; ASU Prep Digital, Tempe,
States economy, the production of like or 210.4(f)). Submissions should refer to AZ; Colorado Virtual Academy,
directly competitive articles in the United the investigation number (‘‘Inv. No. Lakewood, CO; Edina Public Schools,
States, and United States consumers, it finds 337–TA–1044’’) in a prominent place on Edina, MN; Fayette County Public
that such articles should not be excluded Schools, Lexington, KY; Georgia
from entry.
the cover page and/or the first page. See
Handbook on Filing Procedures, https:// Department of Education, Atlanta, GA;
19 U.S.C. 1337(d)(1). A similar www.usitc.gov/secretary/documents/ Mastery Transcript Consortium, Gate
provision applies to cease and desist handbook_on_filing_procedures.pdf. Mills, OH; ScholarChip Card LLC,
orders. 19 U.S.C. 1337(f)(1). Persons with questions regarding filing Hicksville, NY; School District of Palm
The Commission is interested in should contact the Secretary (202–205– Beach County, West Palm Beach, FL;
further development of the record on 2000). Spring Branch Independent School
the public interest in these Any person desiring to submit a District, Houston, TX; String Theory
investigations. Accordingly, parties are document to the Commission in Public Schools, Philadelphia, PA;
to file public interest submissions confidence must request confidential University of Wisconsin System
pursuant to 19 CFR 210.50(a)(4). In treatment. All such requests should be Administration, Madison, WI; and
addition, members of the public are directed to the Secretary to the Wisconsin eSchool Network, Webster,
hereby invited to file submissions of no Commission and must include a full WI, have been added as parties to this
more than five (5) pages, inclusive of statement of the reasons why the venture.
attachments, concerning the public Commission should grant such Also, Carl and Ruth Shapiro Family
interest in light of the administrative treatment. See 19 CFR 201.6. Documents National Center for Accessible Media at
law judge’s Recommended for which confidential treatment by the WGBH, Boston, MA; Cobb County
Determination on Remedy and Bond Commission is properly sought will be School District, Smyrna, GA; Civitas
issued in this investigation on April 13, treated accordingly. A redacted non- Learning, Austin, TX; University of
2018. Comments should address confidential version of the document Mary Hardin-Baylor, Belton, TX;
daltland on DSKBBV9HB2PROD with NOTICES
whether issuance of the LEO and CDO must also be filed simultaneously with AMAC—Accessibility Solutions and
in this investigation, should the any confidential filing. All non- Research Center, Atlanta, GA; and
Commission find a violation, would confidential written submissions will be University of Texas at Austin, Austin,
affect the public health and welfare in available for public inspection at the TX, have withdrawn as parties to this
the United States, competitive Office of the Secretary and on EDIS. venture.
conditions in the United States This action is taken under the No other changes have been made in
economy, the production of like or authority of section 337 of the Tariff Act either the membership or planned
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Document Created: 2018-04-24 00:38:38
Document Modified: 2018-04-24 00:38:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. The public version of the complaint can be accessed on the Commission's electronic docket (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 Citation | 83 FR 17849 |
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