83 FR 3769 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range		3769-3770
FR Document		2018-01425

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Programmable Logic Controllers (PLCS), Components Thereof, and Products Containing Same, DN 3289; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3769-3770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01425]


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

INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Programmable Logic 
Controllers (PLCS), Components Thereof, and Products Containing Same, 
DN 3289; the Commission is soliciting comments on any public interest 
issues raised by the complaint or complainant's filing pursuant to the 
Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (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 at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Radwell International Inc. on 
January 19, 2018. The complaint alleges violations of section 337 of 
the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain programmable logic controllers 
(PLCS), components thereof, and products containing same. The complaint 
names as respondent: Rockwell Automation, Inc. of Milwaukee, WI. The 
complainant requests that the Commission issue an exclusion order, a 
cease and desist order.
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or Sec.  210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant 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 requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (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 requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    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 Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3289) in a prominent place on the cover page and/
or the first page. (See Handbook for Electonic Filing Procedures, 
Electronic Filing Procedures \1\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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. All 
such requests should be directed to the Secretary to the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 201.6. Documents for which 
confidential treatment by the Commission is properly sought will be 
treated accordingly. All information, including confidential business 
information and documents for which confidential treatment is properly 
sought, submitted to the Commission for purposes of this Investigation 
may be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    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 Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.


[[Page 3770]]


    Issued: January 23, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01425 Filed 1-25-18; 8:45 am]
 BILLING CODE 7020-02-P

3770 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices

Issued: January 23, 2018. assistance in gaining access to the Neptune Subsea IP Ltd., Bates House,
Lisa R. Barton, Commission should contact the Office Church Road, Harold Wood, Essex,
Secretary to the Commission. of the Secretary at (202) 205–2000. RM3 0SD, UK
[FR Doc. 2018–01425 Filed 1–25–18; 8:45 am] General information concerning the Xtera, Inc., 500 West Bethany Drive,
BILLING CODE 7020–02–P
Commission may also be obtained by Allen, TX 75013
accessing its internet server at https:// (b) The respondents are the following
www.usitc.gov. The public record for entities alleged to be in violation of
INTERNATIONAL TRADE this investigation may be viewed on the section 337, and are the parties upon
COMMISSION Commission’s electronic docket (EDIS) which the complaint is to be served:
at https://edis.usitc.gov. Nokia Corporation, Karaportti 3, 02610
[Investigation No. 337–TA–1098]
FOR FURTHER INFORMATION CONTACT: Espoo, Finland
Certain Subsea Telecommunication Pathenia M. Proctor, The Office of Nokia Solutions and Networks B.V.,
Systems and Components Thereof; Unfair Import Investigations, U.S. Antareslaan 1, 2132JE Hoofddorp, The
Institution of Investigation International Trade Commission, Netherlands
telephone (202) 205–2560. Nokia Solutions and Networks Oy,
AGENCY: U.S. International Trade SUPPLEMENTARY INFORMATION: Karaportti 3, 02610 Espoo, Finland
Commission. Authority: The authority for Alcatel-Lucent Submarine Networks
ACTION: Notice. institution of this investigation is SAS, 148 Route De La Reine, 148 AU
contained in section 337 of the Tariff 152, 92100 Boulogne Billancourt,
SUMMARY: Notice is hereby given that a Act of 1930, as amended, 19 U.S.C. 1337 France
complaint was filed with the U.S. and in section 210.10 of the Nokia Solutions and Networks US LLC,
International Trade Commission on Commission’s Rules of Practice and 638 N Fifth Ave, Phoenix, AZ 85003
December 22, 2017, under section 337 of Procedure, 19 CFR 210.10 (2017). NEC Corporation, 7–1, Shiba 5-chome,
the Tariff Act of 1930, as amended, on Scope of Investigation: Having Minato-ku, Tokyo 108–8001, Japan
behalf of Neptune Subsea Acquisitions considered the amended complaint, the NEC Networks & System Integration
Ltd. of the United Kingdom; Neptune U.S. International Trade Commission, Corporation, Iidabashi First Tower, 2–
Subsea IP Ltd. of the United Kingdom; on January 19, 2018, Ordered That— 6–1 Koraku, Bunkyo-ku, Tokyo, 112–
and Xtera, Inc. of Allen, Texas. (1) Pursuant to subsection (b) of 8560, Japan
Supplements to the complaint were section 337 of the Tariff Act of 1930, as NEC Corporation of America, 3929 W.
filed on January 4 and 8, 2018. The amended, an investigation be instituted John Carpenter Freeway, Irving, TX
complaint alleges violations of section to determine whether there is a 75063–2909
337 based upon the importation into the violation of subsection (a)(1)(B) of (c) The Office of Unfair Import
United States, the sale for importation, section 337 in the importation into the Investigations, U.S. International Trade
and the sale within the United States United States, the sale for importation, Commission, 500 E Street, SW, Suite
after importation of certain subsea or the sale within the United States after 401, Washington, DC 20436; and
telecommunication systems and importation of certain subsea (4) For the investigation so instituted,
components thereof by reason of telecommunication systems and the Chief Administrative Law Judge,
infringement of one or more of U.S. components thereof by reason of U.S. International Trade Commission,
Patent No. 8,380,068 (‘‘the ’068 Patent’’); infringement of one or more of claims shall designate the presiding
U.S. Patent No. 7,860,403 (‘‘the ’403 1–15 of the ’068 Patent; claims 1–14 of Administrative Law Judge.
Patent’’); U.S. Patent No. 8,971,171 (‘‘the the ’403 Patent; claims 1–10 of the ’171 Responses to the complaint and the
’171 Patent’’); U.S. Patent No. 8,351,798 Patent; claims 13–20 of the ’798 Patent; notice of investigation must be
(‘‘the ’798 Patent’’); and U.S. Patent No. and claims 1–6 of the ’637 Patent; and submitted by the named respondents in
8,406,637 (‘‘the ’637 Patent’’). The whether an industry in the United accordance with section 210.13 of the
complaint further alleges that an States exists as required by subsection Commission’s Rules of Practice and
industry in the United States exists as (a)(2) of section 337; Procedure, 19 CFR 210.13. Pursuant to
required by the applicable Federal (2) Pursuant to Commission Rule 19 CFR 201.16(e) and 210.13(a), such
Statute. 210.50(b)(l), 19 CFR 210.50(b)(l), the responses will be considered by the
The complainant requests that the presiding administrative law judge shall Commission if received not later than 20
Commission institute an investigation take evidence or other information and days after the date of service by the
and, after the investigation, issue a hear arguments from the parties or other Commission of the complaint and the
limited exclusion order and cease and interested persons with respect to the notice of investigation. Extensions of
desist orders. public interest in this investigation, as time for submitting responses to the
ADDRESSES: The amended complaint, appropriate, and provide the complaint and the notice of
except for any confidential information Commission with findings of fact and a investigation will not be granted unless
contained therein, is available for recommended determination on this good cause therefor is shown.
inspection during official business issue, which shall be limited to the Failure of a respondent to file a timely
hours (8:45 a.m. to 5:15 p.m.) in the statutory public interest factors set forth response to each allegation in the
Office of the Secretary, U.S. in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); complaint and in this notice may be
International Trade Commission, 500 (3) For the purpose of the deemed to constitute a waiver of the
E Street SW, Room 112, Washington, DC investigation so instituted, the following right to appear and contest the
daltland on DSKBBV9HB2PROD with NOTICES

20436, telephone (202) 205–2000. are hereby named as parties upon which allegations of the complaint and this
Hearing impaired individuals are this notice of investigation shall be notice, and to authorize the
advised that information on this matter served: administrative law judge and the
can be obtained by contacting the (a) The complainant is: Commission, without further notice to
Commission’s TDD terminal on (202) Neptune Subsea Acquisitions Ltd., Bates the respondent, to find the facts to be as
205–1810. Persons with mobility House, Church Road, Harold Wood, alleged in the complaint and this notice
impairments who will need special Essex, RM3 0SD, UK and to enter an initial determination

VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1

Document Created: 2018-10-26 10:06:03
Document Modified: 2018-10-26 10:06:03

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		Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (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 3769