83 FR 5141 - Government in the Sunshine Act Meeting Notice
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 24 (February 5, 2018)
Federal Register Volume 83, Issue 24 (February 5, 2018)
| Page Range | 5141-5141 | |
| FR Document | 2018-02280 |
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)] [Notices] [Page 5141] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02280] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [USITC SE-18-007] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: February 9, 2018 at 11:00 a.m. Place: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205-2000. Status: Open to the public. Matters to be Considered: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 701-TA-592 and 731-TA-1400 (Preliminary) (Plastic Decorative Ribbons from China). The Commission is currently scheduled to complete and file its determinations on February 12, 2018; views of the Commission are currently scheduled to be completed and filed on February 20, 2018. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: January 31, 2018. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018-02280 Filed 2-1-18; 11:15 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices 5141
Cisco notes that the ASIC is not, and can be HOLDING: disposed of at the scheduled meeting,
used in other Cisco products with different Based on the facts provided, the PCBAs may be carried over to the agenda of the
configuration data. Additionally, Cisco states from China will be substantially transformed following meeting.
that the Polaris OS allows the NES to switch into the NES by the processes that take place
and route packets, which is the critical By order of the Commission:
in Mexico. As such, the NES will be
functional element of the NES. Cisco states considered a product of Mexico for purposes Issued: January 31, 2018.
that the configuration data physically of U.S. Government procurement. William R. Bishop,
changes the electrical values of the logic Notice of this final determination will be Supervisory Hearings and Information
gates present in the ASICs and other given in the Federal Register, as required by Officer.
components, by connecting the gates in 19 CFR 177.29. Any party-at-interest other
combinations that tell the components how [FR Doc. 2018–02280 Filed 2–1–18; 11:15 am]
than the party which requested this final
to function and communicate within the determination may request, pursuant to 19 BILLING CODE 7020–02–P
system. Cisco argues that the configuration CFR 177.31, that CBP reexamine the matter
data installed on the NES should be anew and issue a new final determination.
distinguished from software installations Pursuant to 19 CFR 177.30, any party-at- INTERNATIONAL TRADE
because the configuration data completes the interest may, within 30 days of publication COMMISSION
hardware programming, physically changing of the Federal Register Notice referenced
the hardware itself. Cisco states the [Investigation No. 337–TA–1099]
above, seek judicial review of this final
software’s incorporation onto the NES is determination before the Court of
different because it runs on the completed Certain Graphics Processors and
International Trade.
hardware as opposed to being a part of the Products Containing the Same
Sincerely, Institution of Investigation
hardware itself.
Cisco cites HQ 563012, dated May 4, 2004, Alice A. Kipel,
in support of its position. In HQ 563012, CBP Executive Director AGENCY: U.S. International Trade
held that the PCBA and casing that were Regulations and Rulings Commission.
manufactured for a switch in China, were Office of Trade ACTION: Notice.
substantially transformed in the United [FR Doc. 2018–02244 Filed 2–2–18; 8:45 am]
States or Hong Kong, where U.S.-origin SUMMARY: Notice is hereby given that a
BILLING CODE 9111–14–P
software was loaded, and the PCBA was complaint was filed with the U.S.
further assembled with a power supply, fans, International Trade Commission on
and an A/C filter of various origins to form December 29, 2017, under section 337 of
the final fabric switch. CBP noted that in INTERNATIONAL TRADE the Tariff Act of 1930, as amended, on
addition to the actual assembly, the COMMISSION behalf of ZiiLabs Inc., Ltd. of Bermuda.
configuration and software download
operations performed in either Hong Kong or [USITC SE–18–007] The complaint alleges violations of
in the United States transformed the switch section 337 based upon the importation
from a non-functional device into a fabric Government in the Sunshine Act into the United States, the sale for
switch that was capable of performing Meeting Notice importation, and the sale within the
various storage network functions. United States after importation of
Similar to the scenario in HQ 563012, AGENCY HOLDING THE MEETING: United certain graphics processors and
where Hong Kong was found to be the origin, States International Trade Commission. products containing the same by reason
in this case, the major components of the of infringement of certain claims of U.S.
TIME AND DATE: February 9, 2018 at
NES, particularly the PCBA comprised of the
11:00 a.m. Patent No. 6,181,355 (‘‘the ‘355 Patent’’);
ASIC, CPU, SDRAM, and flash components,
will be manufactured in China, and then PLACE: Room 101, 500 E Street SW, U.S. 6,900,800 (‘‘the ‘800 Patent’’); U.S.
shipped to another country where the final Washington, DC 20436, Telephone: Patent No. 8,144,156 (‘‘the ‘156 Patent’’);
assembly (adding the casing, power supply, (202) 205–2000. and U.S. Patent No. 8,643,659 (‘‘the ‘659
uplink modules, and ancillary devices to the Patent). The complaint further alleges
STATUS: Open to the public.
PCBA), software loading, configuration, and that an industry in the United States
testing take place. Here, the other country is MATTERS TO BE CONSIDERED: exists as required by the applicable
Mexico, which is different from the country 1. Agendas for future meetings: None. Federal Statute.
where the U.S.-origin software is developed. 2. Minutes. The complainant requests that the
While CBP has normally focused on where 3. Ratification List. Commission institute an investigation
the origin of the software and where the 4. Vote in Inv. Nos. 701–TA–592 and
programming took place, applying CBP’s
and, after the investigation, issue a
731–TA–1400 (Preliminary) (Plastic limited exclusion order and cease and
precedent in HQ 563012 to Cisco’s
Decorative Ribbons from China). The desist orders.
manufacturing operations in Mexico, we find
that the PCBAs from China will be Commission is currently scheduled to ADDRESSES: The complaint, except for
substantially transformed by the final complete and file its determinations on any confidential information contained
assembly, software loading, configuration, February 12, 2018; views of the therein, is available for inspection
and testing operations in Mexico, and thus Commission are currently scheduled to during official business hours (8:45 a.m.
the country of origin for purposes of U.S. be completed and filed on February 20, to 5:15 p.m.) in the Office of the
Government procurement will be Mexico.1 2018. Secretary, U.S. International Trade
5. Outstanding action jackets: None. Commission, 500 E Street SW, Room
1 See HQ H175415, dated October 4, 2011 (CBP
In accordance with Commission 112, Washington, DC 20436, telephone
held that imported Ethernet switches underwent a
substantial transformation after U.S.-origin software policy, subject matter listed above, not (202) 205–2000. Hearing impaired
was downloaded onto the devices’ flash memory in individuals are advised that information
sradovich on DSK3GMQ082PROD with NOTICES
the United States, which allowed the devices to transformation in Israel when Israeli-origin software
function); see also HQ H052325, dated March 31, was loaded onto the devices, which made the
on this matter can be obtained by
2009 (holding that imported network devices devices functional). CBP has also held that when contacting the Commission’s TDD
underwent a substantial transformation in the software is programmed in one country, and loaded terminal on (202) 205–1810. Persons
United States after U.S.-origin software was onto a switch in different countries, the process of with mobility impairments who will
downloaded onto the devices in the United States, loading the software is not a sufficient operation by
which gave the devices their functionality); and, itself to result in a substantial transformation. See
need special assistance in gaining access
HQ H034843, dated May 5, 2009 (holding that HQ H241177, dated December 3, 2013; and, HQ to the Commission should contact the
Chinese USB flash drives underwent a substantial H240199, dated March 10, 2015. Office of the Secretary at (202) 205–
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Document Created: 2018-02-03 01:24:54
Document Modified: 2018-02-03 01:24:54
| 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 | |
| Dates | February 9, 2018 at 11:00 a.m. | |
| FR Citation | 83 FR 5141 |
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