83 FR 32684 - Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 135 (July 13, 2018)

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a Final Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation of section 337. The ALJ recommended, should the Commission find a violation, that the Commission issue a limited exclusion order directed to two-way radio equipment and systems, related software and components thereof that infringe the asserted patents, and recommended cease and desist orders directed against those respondents found to infringe. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32684-32685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14955]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1053]


Certain Two-Way Radio Equipment and Systems, Related Software and 
Components Thereof; Notice of Request for Statements on the Public 
Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a Final Initial Determination on Violation 
of Section 337 and Recommended Determination on Remedy and Bonding in 
the above-captioned investigation. The Commission is soliciting 
comments on public interest issues raised by the recommended relief 
should the Commission find a violation of section 337. The ALJ 
recommended, should the Commission find a violation, that the 
Commission issue a limited exclusion order directed to two-way radio 
equipment and systems, related software and components thereof that 
infringe the asserted patents, and recommended cease and desist orders 
directed against those respondents found to infringe. This notice is 
soliciting public interest comments from the public only. Parties are 
to file public interest submissions pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 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. 
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, competition conditions in the United 
States economy, the production of like or directly competitive 
articles in the 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 its investigations.

[[Page 32685]]

Accordingly, parties are to file public interest submissions pursuant 
to 19 CFR 210.50(a)(4). In addition, members of the public are 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 
Bonding issued in this investigation on July 3, 2018. Comments should 
address whether issuance of a limited exclusion and/or cease and desist 
order in this investigation would affect the public health and welfare 
in the United States, competitive conditions in the United States 
economy, the production of like or directly competitive articles in the 
United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
order 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) indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the recommended orders;
    (iv) indicate whether Complainant, Complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended order would impact consumers in the 
United States.
    Written submissions must be filed by the close of business on 
August 10, 2018.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to Commission 
Rule 210.4(f), CFR part 210.4(f). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1053'') 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 treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR part 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. 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 non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    This action is taken under authority of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, and part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: July 9, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-14955 Filed 7-12-18; 8:45 am]
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