83_FR_32819 83 FR 32684 - Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Notice of Request for Statements on the Public Interest

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)

Page Range32684-32685
FR Document2018-14955

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 Issue 135 (Friday, July 13, 2018)
[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.

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

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]
BILLING CODE P



                                                32684                            Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices

                                                met or exceeded the predetermined Fair                   complaint filed by Metglas, Inc. of                   SUMMARY:    Notice is hereby given that
                                                Market Value.                                            Conway, South Carolina and Hitachi                    the presiding administrative law judge
                                                  The alternatives considered in the                     Metals, Ltd. of Tokyo, Japan. 82 FR                   (‘‘ALJ’’) has issued a Final Initial
                                                Final EIS are in conformance with the                    50156 (Oct. 30, 2017). The complaint                  Determination on Violation of Section
                                                Kanab Field Office Record of Decision                    alleged violations of section 337 of the              337 and Recommended Determination
                                                and Approved Resource Management                         Tariff Act of 1930, as amended, 19                    on Remedy and Bonding in the above-
                                                Plan as amended (2015).                                  U.S.C. 1337, by reason of                             captioned investigation. The
                                                  Anyone wanting to be added to the                      misappropriation of trade secrets. Id. As             Commission is soliciting comments on
                                                mailing list for this project must send                  later amended, the investigation named                public interest issues raised by the
                                                their request by mail, facsimile, or                     as respondents AT&M International                     recommended relief should the
                                                electronically to the addresses listed in                Trading Co., Ltd. (‘‘AT&M’’), CISRI                   Commission find a violation of section
                                                the ADDRESSES section above.                             International Trading Co., Ltd., and                  337. The ALJ recommended, should the
                                                   Authority: 40 CFR 1506.6, 40 CFR 1506.10.             Beijing ZLJG Amorphous Technology                     Commission find a violation, that the
                                                                                                         Co., Ltd., each of Beijing, China; AT&M–              Commission issue a limited exclusion
                                                Edwin L. Roberson,                                       NARI Amorphous Technology Co., Ltd.                   order directed to two-way radio
                                                State Director.                                          of Zhouzhou, China; and Qingdao                       equipment and systems, related
                                                [FR Doc. 2018–14917 Filed 7–12–18; 8:45 am]              Yunlu Advanced Materials Technology                   software and components thereof that
                                                BILLING CODE 4310–DQ–P                                   Co., Ltd. of Qingdao, China. 83 FR                    infringe the asserted patents, and
                                                                                                         24140 (May 24, 2018). The Office of                   recommended cease and desist orders
                                                                                                         Unfair Import Investigations was also                 directed against those respondents
                                                INTERNATIONAL TRADE                                      named as a party. 82 FR 50156.                        found to infringe. This notice is
                                                COMMISSION                                                  On June 8, 2018, the complainants                  soliciting public interest comments from
                                                                                                         moved to terminate the investigation                  the public only. Parties are to file public
                                                [Investigation No. 337–TA–1078]
                                                                                                         based upon withdrawal of the                          interest submissions pursuant to
                                                Certain Amorphous Metal and                              complaint. See 19 CFR 210.21(a)(1). The               Commission rules.
                                                Products Containing Same;                                respondents did not oppose the motion,                FOR FURTHER INFORMATION CONTACT:
                                                Termination of Investigation                             and on June 11, 2018, the Commission                  Clint A. Gerdine, Office of the General
                                                                                                         investigative attorney responded in                   Counsel, U.S. International Trade
                                                AGENCY: U.S. International Trade                         support of the motion. On June 14,                    Commission, 500 E Street SW,
                                                Commission.                                              2018, the ALJ granted the motion as the               Washington, DC 20436, telephone (202)
                                                ACTION: Notice.                                          subject ID. The ID finds that the motion              708–2310. Copies of non-confidential
                                                                                                         complies with Commission rules, and                   documents filed in connection with this
                                                SUMMARY:    Notice is hereby given that                  that extraordinary circumstances do not               investigation are or will be available for
                                                the U.S. International Trade                             exist to prevent termination of the                   inspection during official business
                                                Commission has determined not to                         investigation. ID at 2.                               hours (8:45 a.m. to 5:15 p.m.) in the
                                                review the presiding administrative law                     No petitions for review of the ID were             Office of the Secretary, U.S.
                                                judge’s (‘‘ALJ’’) initial determination                  filed. The Commission has determined                  International Trade Commission, 500 E
                                                (‘‘ID’’) (Order No. 14), which terminated                not to review the ID.                                 Street SW, Washington, DC 20436,
                                                the investigation on the basis of                           The authority for the Commission’s                 telephone (202) 205–2000. General
                                                withdrawal of the complaint.                             determination is contained in section                 information concerning the Commission
                                                FOR FURTHER INFORMATION CONTACT:                         337 of the Tariff Act of 1930, as                     may also be obtained by accessing its
                                                Sidney A. Rosenzweig, Office of the                      amended (19 U.S.C. 1337), and in Part                 internet server at https://www.usitc.gov.
                                                General Counsel, U.S. International                      210 of the Commission’s Rules of                      The public record for this investigation
                                                Trade Commission, 500 E Street SW,                       Practice and Procedure (19 CFR part                   may be viewed on the Commission’s
                                                Washington, DC 20436, telephone (202)                    210).                                                 electronic docket (EDIS) at https://
                                                708–2532. Copies of non-confidential                       By order of the Commission.                         edis.usitc.gov. Hearing-impaired
                                                documents filed in connection with this                                                                        persons are advised that information on
                                                                                                           Issued: July 9, 2018.
                                                investigation are or will be available for                                                                     this matter can be obtained by
                                                inspection during official business                      Lisa Barton,
                                                                                                                                                               contacting the Commission’s TDD
                                                hours (8:45 a.m. to 5:15 p.m.) in the                    Secretary to the Commission.                          terminal on (202) 205–1810.
                                                Office of the Secretary, U.S.                            [FR Doc. 2018–14953 Filed 7–12–18; 8:45 am]
                                                                                                                                                               SUPPLEMENTARY INFORMATION: Section
                                                International Trade Commission, 500 E                    BILLING CODE 7020–02–P
                                                                                                                                                               337 of the Tariff Act of 1930 provides
                                                Street SW, Washington, DC 20436,                                                                               that if the Commission finds a violation
                                                telephone (202) 205–2000. General                                                                              it shall exclude the articles concerned
                                                information concerning the Commission                    INTERNATIONAL TRADE
                                                                                                                                                               from the United States:
                                                may also be obtained by accessing its                    COMMISSION
                                                                                                                                                               unless, after considering the effect of such
                                                internet server at https://www.usitc.gov.                                                                      exclusion upon the public health and
                                                The public record for this investigation                 [Investigation No. 337–TA–1053]                       welfare, competition conditions in the
                                                may be viewed on the Commission’s                                                                              United States economy, the production of
                                                electronic docket (EDIS) at https://                     Certain Two-Way Radio Equipment and                   like or directly competitive articles in the
                                                edis.usitc.gov. Hearing-impaired                         Systems, Related Software and                         United States consumers, it finds that such
sradovich on DSK3GMQ082PROD with NOTICES




                                                persons are advised that information on                  Components Thereof; Notice of                         articles should not be excluded from entry.
                                                this matter can be obtained by                           Request for Statements on the Public
                                                                                                                                                               19 U.S.C. 1337(d)(1). A similar
                                                contacting the Commission TDD                            Interest
                                                                                                                                                               provision applies to cease and desist
                                                terminal on (202) 205–1810.                              AGENCY: U.S. International Trade                      orders. 19 U.S.C. 1337(f)(1).
                                                SUPPLEMENTARY INFORMATION: The                           Commission.                                             The Commission is interested in
                                                Commission instituted this investigation                                                                       further development of the record on
                                                                                                         ACTION: Notice.
                                                on October 30, 2017, based on a                                                                                the public interest in its investigations.


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                                                                                 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices                                            32685

                                                Accordingly, parties are to file public                  already been granted such treatment                   Commission has determined not to
                                                interest submissions pursuant to 19 CFR                  during the proceedings. All such                      review an initial determination (‘‘ID’’)
                                                210.50(a)(4). In addition, members of                    requests should be directed to the                    (Order No. 15) of the Chief
                                                the public are invited to file                           Secretary of the Commission and must                  Administrative Law Judge (‘‘CALJ’’)
                                                submissions of no more than five (5)                     include a full statement of the reasons               granting Complainant’s motion to
                                                pages, inclusive of attachments,                         why the Commission should grant such                  amend the Notice of Investigation
                                                concerning the public interest in light of               treatment. See 19 CFR part 210.6.                     (‘‘NOI’’) to add claim 30 of U.S. Patent
                                                the administrative law judge’s                           Documents for which confidential                      No. 8,267,297 (‘‘the ’297 patent’’).
                                                Recommended Determination on                             treatment by the Commission is sought                 FOR FURTHER INFORMATION CONTACT:
                                                Remedy and Bonding issued in this                        will be treated accordingly. A redacted               Houda Morad, Office of the General
                                                investigation on July 3, 2018. Comments                  non-confidential version of the                       Counsel, U.S. International Trade
                                                should address whether issuance of a                     document must also be filed                           Commission, 500 E Street SW,
                                                limited exclusion and/or cease and                       simultaneously with any confidential                  Washington, DC 20436, telephone (202)
                                                desist order in this investigation would                 filing. All information, including                    708–4716. Copies of non-confidential
                                                affect the public health and welfare in                  confidential business information and                 documents filed in connection with this
                                                the United States, competitive                           documents for which confidential                      investigation are or will be available for
                                                conditions in the United States                          treatment is properly sought, submitted               inspection during official business
                                                economy, the production of like or                       to the Commission for purposes of this                hours (8:45 a.m. to 5:15 p.m.) in the
                                                directly competitive articles in the                     Investigation may be disclosed to and                 Office of the Secretary, U.S.
                                                United States, or United States                          used: (i) By the Commission, its                      International Trade Commission, 500 E
                                                consumers.                                               employees and Offices, and contract                   Street SW, Washington, DC 20436,
                                                   In particular, the Commission is                      personnel (a) for developing or                       telephone (202) 205–2000. General
                                                interested in comments that:                             maintaining the records of this or a                  information concerning the Commission
                                                   (i) Explain how the articles                          related proceeding, or (b) in internal                may also be obtained by accessing its
                                                potentially subject to the recommended                   investigations, audits, reviews, and                  internet server at https://www.usitc.gov.
                                                order are used in the United States;                     evaluations relating to the programs,                 The public record for this investigation
                                                   (ii) identify any public health, safety,              personnel, and operations of the                      may be viewed on the Commission’s
                                                or welfare concerns in the United States                 Commission including under 5 U.S.C.                   electronic docket (EDIS) at https://
                                                relating to the recommended orders;                      Appendix 3; or (ii) by U.S. government                edis.usitc.gov. Hearing-impaired
                                                   (iii) indicate the extent to which like               employees and contract personnel,1                    persons are advised that information on
                                                or directly competitive articles are                     solely for cybersecurity purposes. All                this matter can be obtained by
                                                produced in the United States or are                     non-confidential written submissions                  contacting the Commission’s TDD
                                                otherwise available in the United States,                will be available for public inspection at            terminal on (202) 205–1810.
                                                with respect to the articles potentially                 the Office of the Secretary and on EDIS.
                                                subject to the recommended orders;                                                                             SUPPLEMENTARY INFORMATION: On
                                                                                                            This action is taken under authority of            November 20, 2017, the Commission
                                                   (iv) indicate whether Complainant,
                                                                                                         section 337 of the Tariff Act of 1930, as             instituted this investigation under
                                                Complainant’s licensees, and/or third
                                                                                                         amended, 19 U.S.C. 1337, and part 210                 section 337 of the Tariff Act of 1930, as
                                                party suppliers have the capacity to
                                                                                                         of the Commission’s Rules of Practice                 amended, 19 U.S.C. 1337 (‘‘section
                                                replace the volume of articles
                                                                                                         and Procedure (19 CFR part 210).                      337’’), based on an amended and
                                                potentially subject to the recommended
                                                orders within a commercially                               By order of the Commission.                         supplemented complaint filed by
                                                reasonable time; and                                       Issued: July 9, 2018.                               Complainant Kyocera Senco Brands Inc.
                                                   (v) explain how the recommended                       Lisa Barton,                                          (‘‘Kyocera’’) of Cincinnati, Ohio. See 82
                                                order would impact consumers in the                      Secretary to the Commission.                          FR 55118–19 (Nov. 20, 2017). The
                                                United States.                                           [FR Doc. 2018–14955 Filed 7–12–18; 8:45 am]
                                                                                                                                                               amended complaint, as supplemented,
                                                   Written submissions must be filed by                                                                        alleges a violation of section 337 based
                                                                                                         BILLING CODE P
                                                the close of business on August 10,                                                                            upon the importation into the United
                                                2018.                                                                                                          States, the sale for importation, and the
                                                   Persons filing written submissions                    INTERNATIONAL TRADE                                   sale within the United States after
                                                must file the original document                          COMMISSION                                            importation of certain gas spring nailer
                                                electronically on or before the deadline                                                                       products and components thereof, by
                                                stated above and submit eight true paper                 [Investigation No. 337–TA–1082]                       reason of infringement of one or more of
                                                copies to the Office of the Secretary                                                                          U.S. Patent No. 8,011,547; U.S. Patent
                                                pursuant to Commission Rule 210.4(f),                    Certain Gas Spring Nailer Products                    No. 8,267,296; U.S. Patent No.
                                                CFR part 210.4(f). Submissions should                    and Components Thereof;                               8,267,297; U.S. Patent No. 8,387,718;
                                                refer to the investigation number (‘‘Inv.                Commission Decision Not To Review                     U.S. Patent No. 8,286,722; and U.S.
                                                No. 337–TA–1053’’) in a prominent                        an Initial Determination Granting                     Patent No. 8,602,282. See id. The
                                                place on the cover page and/or the first                 Complainant’s Motion To Amend the                     amended complaint named one
                                                page. (See Handbook for Electronic                       Notice of Investigation To Add Claim                  respondent, namely, Hitachi Koki
                                                Filing Procedures, https://                              30 of U.S. Patent 8,267,297                           U.S.A., Limited (‘‘Hitachi’’) of Braselton,
                                                www.usitc.gov/secretary/documents/                       AGENCY: U.S. International Trade                      Georgia. The Office of Unfair Import
sradovich on DSK3GMQ082PROD with NOTICES




                                                handbook_on_filing_procedures.pdf).                      Commission.                                           Investigations is not a party to the
                                                Persons with questions regarding filing                                                                        investigation. See id.
                                                                                                         ACTION: Notice.
                                                should contact the Secretary at (202)                                                                             On June 4, 2018, Complainant
                                                205–2000.                                                SUMMARY:   Notice is hereby given that                Kyocera filed a motion (Motion) to
                                                   Any person desiring to submit a                       the U.S. International Trade                          amend the NOI to add claim 30 of the
                                                document to the Commission in                                                                                  ’297 patent on the basis that it was
                                                confidence must request confidential                       1 All contract personnel will sign appropriate      inadvertently omitted as a result of a
                                                treatment unless the information has                     nondisclosure agreements.                             clerical error. The ID finds that ‘‘good


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Document Created: 2018-07-13 01:04:22
Document Modified: 2018-07-13 01:04:22
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.
ContactClint 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.
FR Citation83 FR 32684 

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