83 FR 3021 - Certain IoT Devices and Components Thereof (IoT, the Internet of Things)-Web Applications Displayed on a Web Browser; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 14 (January 22, 2018)
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 3021-3022 | |
| FR Document | 2018-01035 |
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)] [Notices] [Pages 3021-3022] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01035] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1094] Certain IoT Devices and Components Thereof (IoT, the Internet of Things)--Web Applications Displayed on a Web Browser; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 3, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Lakshmi Arunachalam, Ph.D. of Menlo Park, California. Supplements were filed on October 24, October 30, and November 3, 2017. On November 7, 2017, an amended complaint was filed with the U.S. International Trade Commission under section 337 of the Tariff Act of 1930, as amended, on behalf of Lakshmi Arunachalam, Ph.D. and WebXchange, Inc., both of Menlo Park, California. Supplements were filed on November 7, 13, and December 21, 2017. On December 6, 2017, the Commission postponed the vote on whether to institute an investigation based on the amended complaint to January 9, 2017. The amended complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain IOT devices and components thereof (IOT, the Internet of Things)--web applications displayed on a web browser by reason of infringement of certain claims of U.S. Patent No. 7,930,340 (``the '340 patent''), and that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint further alleges unfair methods of competition and unfair acts (criminal and civil RICO violations, breach of contract, theft of intellectual property, antitrust violations, and trade secret misappropriation), the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The amended complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. [[Page 3022]] International Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205- 2000. General information concerning the Commission may also be obtained by accessing its internet server at 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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 12, 2018, Ordered That-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain IoT devices and components thereof (IoT, the Internet of Things)--web applications displayed on a web browser by reason of infringement of one or more of claims 1-40 of the '340 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding Administrative Law Judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in his investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) Notwithstanding any Commission Rules that would otherwise apply, the presiding Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early decision, as to whether the complainant has satisfied the domestic industry requirement. Any such decision shall be in the form of an initial determination (ID). Petitions for review of such an ID shall be due five calendar days after service of the ID; any replies shall be due three business days after service of a petition. The ID will become the Commission's final determination 30 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission expects the issuance of an early ID relating to the domestic industry requirement within 100 days of institution, except that the presiding ALJ may grant a limited extension of the ID for good cause shown. The issuance of an early ID finding that complainants do not satisfy the domestic industry requirement shall stay the investigation unless the Commission orders otherwise; any other decision shall not stay the investigation or delay the issuance of a final ID covering the other issues of the investigation. (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Lakshmi-Arunachalam, Ph.D., 222 Stanford Avenue, Menlo Park, CA 94025 WebXchange, Inc., 222 Stanford Avenue, Menlo Park, CA 94025 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Apple Inc., 1 Infinite Loop, Cupertino, California 95014 Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025 Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, NJ Samsung Electronics Co., Ltd., 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; Headquarters: 40th floor Samsung Electronics, Building, 11, Seocho-daero 74-gil, Seocho District, Seoul, South Korea (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: January 17, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018-01035 Filed 1-19-18; 8:45 am] BILLING CODE P
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INTERNATIONAL TRADE of the investigations. Industrial users, INTERNATIONAL TRADE
COMMISSION and, if the merchandise under COMMISSION
investigation is sold at the retail level,
[Investigation Nos. 701–TA–590 and 731– [Investigation No. 337–TA–1094]
TA–1397–98 (Preliminary)] representative consumer organizations
have the right to appear as parties in Certain IoT Devices and Components
Sodium Gluconate, Gluconic Acid, and Commission antidumping and Thereof (IoT, the Internet of Things)—
Derivative Products From China and countervailing duty investigations. The Web Applications Displayed on a Web
France Secretary will prepare a public service Browser; Institution of Investigation
list containing the names and addresses
Determinations of all persons, or their representatives, AGENCY: U.S. International Trade
On the basis of the record 1 developed who are parties to the investigations. Commission.
in the subject investigations, the United ACTION: Notice.
States International Trade Commission Background
(‘‘Commission’’) determines, pursuant On November 30, 2017, PMP SUMMARY: Notice is hereby given that a
to the Tariff Act of 1930 (‘‘the Act’’), Fermentation Products, Inc., Peoria, complaint was filed with the U.S.
that there is a reasonable indication that Illinois, filed a petition with the International Trade Commission on
an industry in the United States is Commission and Commerce, alleging October 3, 2017, under section 337 of
threatened with material injury by that an industry in the United States is the Tariff Act of 1930, as amended, on
reason of imports of sodium gluconate, materially injured or threatened with behalf of Lakshmi Arunachalam, Ph.D.
gluconic acid, and derivative products material injury by reason of LTFV and of Menlo Park, California. Supplements
from China, provided for in subheadings subsidized imports of sodium gluconate, were filed on October 24, October 30,
2918.16.10, 2918.16.50 and 2932.20.50 gluconic acid, and derivative products and November 3, 2017. On November 7,
of the Harmonized Tariff Schedule of from China and LTFV imports of 2017, an amended complaint was filed
the United States, that are alleged to be sodium gluconate, gluconic acid, and with the U.S. International Trade
sold in the United States at less than fair derivative products from France. Commission under section 337 of the
value (‘‘LTFV’’) and to be subsidized by Accordingly, effective November 30, Tariff Act of 1930, as amended, on
the government of China. The 2017, the Commission, pursuant to behalf of Lakshmi Arunachalam, Ph.D.
Commission further determines that and WebXchange, Inc., both of Menlo
sections 703(a) and 733(a) of the Act (19
there is no reasonable indication that an Park, California. Supplements were filed
U.S.C. 1671b(a) and 1673b(a)), instituted
industry in the United States is on November 7, 13, and December 21,
countervailing duty investigation No.
materially injured or threatened with 2017. On December 6, 2017, the
701–TA–590 and antidumping duty
material injury by reason of imports of Commission postponed the vote on
investigation Nos. 731–TA–1397–98
sodium gluconate, gluconic acid, and whether to institute an investigation
(Preliminary).
derivative products from France that are based on the amended complaint to
alleged to be sold in the United States Notice of the institution of the January 9, 2017. The amended
at LTFV.2 Commission’s investigations and of a complaint alleges violations of section
public conference to be held in 337 based upon the importation into the
Commencement of Final Phase connection therewith was given by
Investigations United States, the sale for importation,
posting copies of the notice in the Office and the sale within the United States
Pursuant to section 207.18 of the of the Secretary, U.S. International after importation of certain IOT devices
Commission’s rules, the Commission Trade Commission, Washington, DC, and components thereof (IOT, the
also gives notice of the commencement and by publishing the notice in the Internet of Things)—web applications
of the final phase of its investigations. Federal Register of December 6, 2017 displayed on a web browser by reason
The Commission will issue a final phase (82 FR 57614). The conference was held of infringement of certain claims of U.S.
notice of scheduling, which will be in Washington, DC, on December 21, Patent No. 7,930,340 (‘‘the ’340 patent’’),
published in the Federal Register as 2017, and all persons who requested the and that an industry in the United
provided in section 207.21 of the opportunity were permitted to appear in States exists as required by the
Commission’s rules, upon notice from person or by counsel. applicable Federal Statute. The
the Department of Commerce The Commission made these amended complaint further alleges
(‘‘Commerce’’) of affirmative determinations pursuant to sections unfair methods of competition and
preliminary determinations in the 703(a) and 733(a) of the Act (19 U.S.C. unfair acts (criminal and civil RICO
investigations under sections 703(b) or 1671b(a) and 1673b(a)). It completed violations, breach of contract, theft of
733(b) of the Act, or, if the preliminary and filed its determinations in these intellectual property, antitrust
determinations are negative, upon investigations on January 16, 2018. The violations, and trade secret
notice of affirmative final views of the Commission are contained misappropriation), the threat or effect of
determinations in those investigations in USITC Publication 4756 (January which is to destroy or substantially
under sections 705(a) or 735(a) of the 2018), entitled Sodium Gluconate, injure an industry in the United States.
Act. Parties that filed entries of Gluconic Acid, and Derivative Products The complainant requests that the
appearance in the preliminary phase of from China and France: Investigation Commission institute an investigation
the investigations need not enter a Nos. 701 TA–590 and 731–TA–1397–98 and, after the investigation, issue a
separate appearance for the final phase (Preliminary). limited exclusion order and cease and
ethrower on DSK3G9T082PROD with NOTICES
1 The record is defined in sec. 207.2(f) of the By order of the Commission. desist orders.
Commission’s Rules of Practice and Procedure (19 Issued: January 16, 2018. ADDRESSES: The amended complaint,
CFR 207.2(f)). except for any confidential information
2 Chairman Rhonda K. Schmidtlein dissenting. Lisa R. Barton,
contained therein, is available for
Chairman Schmidtlein determines that there is a Secretary to the Commission.
reasonable indication that an industry in the United
inspection during official business
[FR Doc. 2018–00984 Filed 1–19–18; 8:45 am] hours (8:45 a.m. to 5:15 p.m.) in the
States is materially injured by reason of imports of
the subject product from China and France. BILLING CODE 7020–02–P Office of the Secretary, U.S.
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![3022 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
International Trade Commission, 500 E find facts, and issue an early decision, Responses to the complaint and the
Street SW, Room 112, Washington, DC as to whether the complainant has notice of investigation must be
20436, telephone (202) 205–2000. satisfied the domestic industry submitted by the named respondents in
Hearing impaired individuals are requirement. Any such decision shall be accordance with section 210.13 of the
advised that information on this matter in the form of an initial determination Commission’s Rules of Practice and
can be obtained by contacting the (ID). Petitions for review of such an ID Procedure, 19 CFR 210.13. Pursuant to
Commission’s TDD terminal on (202) shall be due five calendar days after 19 CFR 201.16(e) and 210.13(a), such
205–1810. Persons with mobility service of the ID; any replies shall be responses will be considered by the
impairments who will need special due three business days after service of Commission if received not later than 20
assistance in gaining access to the a petition. The ID will become the days after the date of service by the
Commission should contact the Office Commission’s final determination 30 Commission of the complaint and the
of the Secretary at (202) 205–2000. days after the date of service of the ID notice of investigation. Extensions of
General information concerning the unless the Commission determines to time for submitting responses to the
Commission may also be obtained by review the ID. Any such review will be complaint and the notice of
accessing its internet server at https:// conducted in accordance with investigation will not be granted unless
www.usitc.gov. The public record for Commission Rules 210.43, 210.44, and good cause therefor is shown.
this investigation may be viewed on the 210.45, 19 CFR 210.43, 210.44, and Failure of a respondent to file a timely
Commission’s electronic docket (EDIS) 210.45. The Commission expects the response to each allegation in the
at https://edis.usitc.gov. issuance of an early ID relating to the complaint and in this notice may be
FOR FURTHER INFORMATION CONTACT: domestic industry requirement within deemed to constitute a waiver of the
Pathenia M. Proctor, The Office of 100 days of institution, except that the right to appear and contest the
Unfair Import Investigations, U.S. presiding ALJ may grant a limited allegations of the complaint and this
International Trade Commission, extension of the ID for good cause notice, and to authorize the
telephone (202) 205–2560. shown. The issuance of an early ID administrative law judge and the
SUPPLEMENTARY INFORMATION: Authority: finding that complainants do not satisfy Commission, without further notice to
The authority for institution of this the domestic industry requirement shall the respondent, to find the facts to be as
investigation is contained in section 337 stay the investigation unless the alleged in the complaint and this notice
of the Tariff Act of 1930, as amended, Commission orders otherwise; any other and to enter an initial determination
19 U.S.C. 1337 and in section 210.10 of decision shall not stay the investigation and a final determination containing
the Commission’s Rules of Practice and or delay the issuance of a final ID such findings, and may result in the
Procedure, 19 CFR 210.10 (2018). covering the other issues of the issuance of an exclusion order or a cease
Scope of Investigation: Having investigation. and desist order or both directed against
considered the complaint, the U.S. (4) For the purpose of the the respondent.
International Trade Commission, on investigation so instituted, the following By order of the Commission.
January 12, 2018, Ordered That— are hereby named as parties upon which Issued: January 17, 2018.
(1) Pursuant to subsection (b) of this notice of investigation shall be
Lisa R. Barton,
section 337 of the Tariff Act of 1930, as served:
(a) The complainants are: Secretary to the Commission.
amended, an investigation be instituted [FR Doc. 2018–01035 Filed 1–19–18; 8:45 am]
to determine whether there is a Lakshmi-Arunachalam, Ph.D., 222
Stanford Avenue, Menlo Park, CA BILLING CODE P
violation of subsection (a)(1)(B) of
section 337 in the importation into the 94025
United States, the sale for importation, WebXchange, Inc., 222 Stanford
Avenue, Menlo Park, CA 94025 INTERNATIONAL TRADE
or the sale within the United States after COMMISSION
importation of certain IoT devices and (b) The respondents are the following
components thereof (IoT, the Internet of entities alleged to be in violation of [Investigation No. 337–TA–1095]
Things)—web applications displayed on section 337, and are the parties upon
a web browser by reason of infringement which the complaint is to be served: Certain Load Supporting Systems,
of one or more of claims 1–40 of the Apple Inc., 1 Infinite Loop, Cupertino, Including Composite Mat Systems, and
’340 patent; and whether an industry in California 95014 Components Thereof; Institution of
the United States exists as required by Facebook, Inc., 1 Hacker Way, Menlo Investigation
subsection (a)(2) of section 337; Park, CA 94025 AGENCY: U.S. International Trade
(2) Pursuant to Commission Rule Samsung Electronics America, Inc., 85 Commission.
210.50(b)(1), 19 CFR 210.50(b)(1), the Challenger Road, Ridgefield Park, NJ ACTION: Notice.
presiding Administrative Law Judge Samsung Electronics Co., Ltd., 129,
shall take evidence or other information Samsung-ro, Yeongtong-gu, Suwon-si, SUMMARY: Notice is hereby given that a
and hear arguments from the parties or Gyeonggi-do, Korea; Headquarters: complaint was filed with the U.S.
other interested persons with respect to 40th floor Samsung Electronics, International Trade Commission on
the public interest in his investigation, Building, 11, Seocho-daero 74-gil, December 15, 2017, under section 337 of
as appropriate, and provide the Seocho District, Seoul, South Korea the Tariff Act of 1930, as amended, on
Commission with findings of fact and a (c) The Office of Unfair Import behalf of Newpark Mats & Integrated
recommended determination on this Investigations, U.S. International Trade Services LLC of The Woodlands, Texas.
ethrower on DSK3G9T082PROD with NOTICES
issue, which shall be limited to the Commission, 500 E Street SW, Suite The complaint alleges violations of
statutory public interest factors set forth 401, Washington, DC 20436; and section 337 based upon the importation
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (5) For the investigation so instituted, into the United States, the sale for
(3) Notwithstanding any Commission the Chief Administrative Law Judge, importation, and the sale within the
Rules that would otherwise apply, the U.S. International Trade Commission, United States after importation of
presiding Administrative Law Judge shall designate the presiding certain load supporting systems,
shall hold an early evidentiary hearing, Administrative Law Judge. including composite mat systems, and
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Document Created: 2018-01-23 21:35:51
Document Modified: 2018-01-23 21:35:51
| 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 | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 3021 |
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