83 FR 50409 - Certain Microfluidic Devices; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 194 (October 5, 2018)

Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a 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. 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 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50409-50410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21637]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1068]


Certain Microfluidic Devices; 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 has issued a Final Initial Determination on Section 337 Violation 
and a 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. 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: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 
(``Section 337'') provides that if the Commission finds a violation it 
shall exclude the articles concerned from the United States unless the 
public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such 
action. A similar provision applies to cease and desist orders. 19 
U.S.C. 1337(f)(1).
    The Commission is soliciting comments on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: (1) A limited exclusion order (``LEO'') 
against certain microfluidic devices, which are imported, sold for 
importation, and/or sold after importation by respondent 10X Genomics, 
Inc. of Pleasanton, CA (``10X''); and (2) a cease and desist order 
(``CDO'') against 10X.
    The Commission is interested in further development of the record 
on the public interest in this investigation. 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 Bonding issued in this 
investigation on September 28, 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 by 
close of business on Friday, October 26, 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.

[[Page 50410]]

337-TA-1068'') 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 
(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. 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, solely for cybersecurity purposes. All contract personnel 
will sign appropriate nondisclosure agreements. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 1, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21637 Filed 10-4-18; 8:45 am]
 BILLING CODE 7020-02-P