83_FR_54346 83 FR 54138 - Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof; Notice of Request for Statements on the Public Interest

83 FR 54138 - Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 208 (October 26, 2018)

Page Range54138-54139
FR Document2018-23411

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 Issue 208 (Friday, October 26, 2018)
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54138-54139]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23411]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1065]


Certain Mobile Electronic Devices and Radio Frequency and 
Processing 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 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: Carl Bretscher, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. 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 
after considering the public interest factors listed in 19 U.S.C. 
1337(d)(1), it finds such articles should not be prevented from entry. 
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

[[Page 54139]]

raised by the recommended relief should the Commission find a 
violation, specifically whether the Commission should issue: (1) A 
limited exclusion order (``LEO'') against certain mobile electronic 
devices that are imported, sold for importation, and/or sold after 
importation by respondent Apple Inc. of Cupertino, CA (``Apple''); and 
(2) a cease and desist order (``CDO'') against Apple.
    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 Thursday, November 8, 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. 337-TA-1065'') 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 22, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-23411 Filed 10-25-18; 8:45 am]
 BILLING CODE P



                                               54138                         Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices

                                               directed to the Secretary to the                        the Commission’s TDD terminal on 202–                 INTERNATIONAL TRADE
                                               Commission and must include a full                      205–1810. Persons with mobility                       COMMISSION
                                               statement of the reasons why the                        impairments who will need special
                                                                                                                                                             [Investigation No. 337–TA–1065]
                                               Commission should grant such                            assistance in gaining access to the
                                               treatment. See 19 CFR 201.6. Documents                  Commission should contact the Office                  Certain Mobile Electronic Devices and
                                               for which confidential treatment by the                 of the Secretary at 202–205–2000.                     Radio Frequency and Processing
                                               Commission is properly sought will be                   General information concerning the                    Components Thereof; Notice of
                                               treated accordingly. All information,                   Commission may also be obtained by                    Request for Statements on the Public
                                               including confidential business                         accessing its internet server (https://               Interest
                                               information and documents for which                     www.usitc.gov). The public record for
                                               confidential treatment is properly                                                                            AGENCY: U.S. International Trade
                                                                                                       this investigation may be viewed on the
                                               sought, submitted to the Commission for                                                                       Commission.
                                                                                                       Commission’s electronic docket (EDIS)
                                               purposes of this Investigation may be                                                                         ACTION: Notice.
                                                                                                       at https://edis.usitc.gov.
                                               disclosed to and used: (i) By the
                                               Commission, its employees and Offices,                  SUPPLEMENTARY INFORMATION:     On July                SUMMARY:    Notice is hereby given that
                                               and contract personnel (a) for                          16, 2018, the Commission established a                the presiding administrative law judge
                                               developing or maintaining the records                   schedule for the conduct of the full five-            has issued a Final Initial Determination
                                               of this or a related proceeding, or (b) in              year reviews (83 FR 34873, July 23,                   on Section 337 Violation and a
                                               internal investigations, audits, reviews,               2018). The Commission is revising its                 Recommended Determination on
                                               and evaluations relating to the                         schedule.                                             Remedy and Bonding in the above-
                                               programs, personnel, and operations of                                                                        captioned investigation. The
                                                                                                          The Commission’s revised dates in                  Commission is soliciting comments on
                                               the Commission including under 5
                                               U.S.C. Appendix 3; or (ii) by U.S.                      the schedule are as follows: Requests to              public interest issues raised by the
                                               government employees and contract                       appear at the hearing must be filed with              recommended relief, should the
                                               personnel,1 solely for cybersecurity                    the Secretary to the Commission not                   Commission find a violation. This
                                               purposes. All nonconfidential written                   later than November 16, 2018; the                     notice is soliciting public interest
                                               submissions will be available for public                prehearing conference will be held at                 comments from the public only. Parties
                                               inspection at the Office of the Secretary               the U.S. International Trade                          are to file public interest submissions
                                               and on EDIS.                                            Commission Building on November 20,                   pursuant to Commission rules.
                                                  The authority for the Commission’s                   2018, if deemed necessary; the                        FOR FURTHER INFORMATION CONTACT: Carl
                                               determination is contained in section                   prehearing staff report will be placed in             Bretscher, Office of the General Counsel,
                                               337 of the Tariff Act of 1930, as                       the nonpublic record on November 2,                   U.S. International Trade Commission,
                                               amended (19 U.S.C. 1337), and in part                   2018; the deadline for filing prehearing              500 E Street SW, Washington, DC
                                               210 of the Commission’s Rules of                        briefs is November 13, 2018; the hearing              20436, telephone (202) 205–2382.
                                               Practice and Procedure (19 CFR part                     will be held at the U.S. International                Copies of non-confidential documents
                                               210).                                                   Trade Commission Building at 9:30 a.m.                filed in connection with this
                                                 By order of the Commission.                           on November 27, 2018; the deadline for                investigation are or will be available for
                                                 Issued: October 22, 2018.                             filing posthearing briefs is December 4,              inspection during official business
                                               Lisa Barton,                                            2018; the Commission will make its                    hours (8:45 a.m. to 5:15 p.m.) in the
                                                                                                       final release of information on January               Office of the Secretary, U.S.
                                               Secretary to the Commission.
                                                                                                       2, 2019; and final party comments are                 International Trade Commission, 500 E
                                               [FR Doc. 2018–23414 Filed 10–25–18; 8:45 am]
                                                                                                       due on January 4, 2019.                               Street SW, Washington, DC 20436,
                                               BILLING CODE 7020–02–P                                                                                        telephone (202) 205–2000. General
                                                                                                          For further information concerning                 information concerning the Commission
                                                                                                       these reviews, see the Commission’s                   may also be obtained by accessing its
                                               INTERNATIONAL TRADE                                     notice cited above and the                            internet server (https://www.usitc.gov).
                                               COMMISSION                                              Commission’s Rules of Practice and                    The public record for this investigation
                                               [Investigation Nos. 701–TA–481 and 731–                 Procedure, part 201, subparts A through               may be viewed on the Commission’s
                                               TA–1190 (Review)]                                       E (19 CFR part 201), and part 207,                    Electronic Docket Information System
                                                                                                       subparts A, D, E, and F (19 CFR part                  (‘‘EDIS’’) (https://edis.usitc.gov).
                                               Crystalline Silicon Photovoltaic Cells                  207).                                                 Hearing-impaired persons are advised
                                               and Modules From China: Revised                                                                               that information on this matter can be
                                                                                                         Authority: These reviews are being
                                               Schedule for Full Five-Year Reviews                                                                           obtained by contacting the
                                                                                                       conducted under authority of title VII of the
                                               AGENCY: United States International                     Tariff Act of 1930; this notice is published          Commission’s TDD terminal, telephone
                                               Trade Commission.                                       pursuant to section 207.62 of the                     (202) 205–1810.
                                               ACTION: Notice.                                         Commission’s rules.                                   SUPPLEMENTARY INFORMATION: Section
                                                                                                         By order of the Commission.                         337 of the Tariff Act of 1930 (‘‘Section
                                               DATES:   October 22, 2018.                                                                                    337’’) provides that if the Commission
                                                                                                         Issued: October 22, 2018.
                                               FOR FURTHER INFORMATION CONTACT:                                                                              finds a violation it shall exclude the
                                                                                                       Lisa Barton,                                          articles concerned from the United
                                               Mary Messer (202–205–3193), Office of
                                                                                                       Secretary to the Commission.                          States unless after considering the
khammond on DSK30JT082PROD with NOTICES




                                               Investigations, U.S. International Trade
                                               Commission, 500 E Street SW,                            [FR Doc. 2018–23375 Filed 10–25–18; 8:45 am]          public interest factors listed in 19 U.S.C.
                                               Washington, DC 20436. Hearing-                          BILLING CODE 7020–02–P                                1337(d)(1), it finds such articles should
                                               impaired persons can obtain                                                                                   not be prevented from entry. A similar
                                               information on this matter by contacting                                                                      provision applies to cease and desist
                                                                                                                                                             orders. 19 U.S.C. 1337(f)(1).
                                                 1 All contract personnel will sign appropriate                                                                 The Commission is soliciting
                                               nondisclosure agreements.                                                                                     comments on public interest issues


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                                                                             Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices                                                 54139

                                               raised by the recommended relief                        noon the next day pursuant to section                 INTERNATIONAL TRADE
                                               should the Commission find a violation,                 210.4(f) of the Commission’s Rules of                 COMMISSION
                                               specifically whether the Commission                     Practice and Procedure (19 CFR
                                                                                                                                                             [Investigation Nos. 731–TA–1422–1423
                                               should issue: (1) A limited exclusion                   210.4(f)). Submissions should refer to                (Preliminary)]
                                               order (‘‘LEO’’) against certain mobile                  the investigation number (‘‘Inv. No.
                                               electronic devices that are imported,                   337–TA–1065’’) in a prominent place on                Strontium Chromate From Austria and
                                               sold for importation, and/or sold after                 the cover page and/or the first page. (See            France
                                               importation by respondent Apple Inc. of                 Handbook for Electronic Filing
                                               Cupertino, CA (‘‘Apple’’); and (2) a                                                                          Determination
                                                                                                       Procedures, https://www.usitc.gov/
                                               cease and desist order (‘‘CDO’’) against                secretary/documents/handbook_on_                         On the basis of the record 1 developed
                                               Apple.                                                                                                        in the subject investigations, the United
                                                  The Commission is interested in                      filing_procedures.pdf.). Persons with
                                                                                                       questions regarding filing should                     States International Trade Commission
                                               further development of the record on                                                                          (‘‘Commission’’) determines, pursuant
                                               the public interest in this investigation.              contact the Secretary (202–205–2000).
                                                                                                       Any person desiring to submit a                       to the Tariff Act of 1930 (‘‘the Act’’),
                                               Accordingly, parties are to file public                                                                       that there is a reasonable indication that
                                               interest submissions pursuant to 19 CFR                 document to the Commission in
                                                                                                                                                             an industry in the United States is
                                               210.50(a)(4). In addition, members of                   confidence must request confidential
                                                                                                                                                             materially injured by reason of imports
                                               the public are hereby invited to file                   treatment. All such requests should be
                                                                                                                                                             of strontium chromate from Austria and
                                               submissions of no more than five (5)                    directed to the Secretary to the                      France provided for in subheadings
                                               pages, inclusive of attachments,                        Commission and must include a full                    2841.50.91 and 3212.90.00 of the
                                               concerning the public interest in light of              statement of the reasons why the                      Harmonized Tariff Schedule of the
                                               the administrative law judge’s                          Commission should grant such                          United States, that are alleged to be sold
                                               Recommended Determination on                            treatment. See 19 CFR 201.6. Documents                in the United States at less than fair
                                               Remedy and Bonding issued in this                       for which confidential treatment by the               value (‘‘LTFV’’).2
                                               investigation on September 28, 2018.                    Commission is properly sought will be
                                               Comments should address whether                         treated accordingly. All information,                 Commencement of Final Phase
                                               issuance of the LEO and CDO in this                     including confidential business                       Investigations
                                               investigation, should the Commission                    information and documents for which                      Pursuant to section 207.18 of the
                                               find a violation, would affect the public               confidential treatment is properly                    Commission’s rules, the Commission
                                               health and welfare in the United States,                sought, submitted to the Commission for               also gives notice of the commencement
                                               competitive conditions in the United                    purposes of this Investigation may be                 of the final phase of its investigations.
                                               States economy, the production of like                  disclosed to and used: (i) By the                     The Commission will issue a final phase
                                               or directly competitive articles in the                 Commission, its employees and Offices,                notice of scheduling, which will be
                                               United States, or United States                         and contract personnel (a) for                        published in the Federal Register as
                                               consumers.                                                                                                    provided in section 207.21 of the
                                                  In particular, the Commission is                     developing or maintaining the records
                                                                                                       of this or a related proceeding, or (b) in            Commission’s rules, upon notice from
                                               interested in comments that:                                                                                  the U.S. Department of Commerce
                                                  (i) Explain how the articles                         internal investigations, audits, reviews,
                                                                                                                                                             (‘‘Commerce’’) of affirmative
                                               potentially subject to the recommended                  and evaluations relating to the
                                                                                                                                                             preliminary determinations in the
                                               orders are used in the United States;                   programs, personnel, and operations of
                                                                                                                                                             investigations under section 733(b) of
                                                  (ii) Identify any public health, safety,             the Commission including under 5                      the Act, or, if the preliminary
                                               or welfare concerns in the United States                U.S.C. Appendix 3; or (ii) by U.S.                    determinations are negative, upon
                                               relating to the recommended orders;                     government employees and contract                     notice of affirmative final
                                                  (iii) Identify like or directly                      personnel, solely for cybersecurity                   determinations in those investigations
                                               competitive articles that complainants,                 purposes. All contract personnel will                 under section 735(a) of the Act. Parties
                                               their licensees, or third parties make in               sign appropriate nondisclosure                        that filed entries of appearance in the
                                               the United States which could replace                   agreements. All non-confidential                      preliminary phase of the investigations
                                               the subject articles if they were to be                 written submissions will be available for             need not enter a separate appearance for
                                               excluded;                                               public inspection at the Office of the                the final phase of the investigations.
                                                  (iv) Indicate whether complainants,
                                                                                                       Secretary and on EDIS.                                Industrial users, and, if the merchandise
                                               complainants’ licensees, and/or third
                                                                                                          The authority for the Commission’s                 under investigation is sold at the retail
                                               party suppliers have the capacity to
                                                                                                       determination is contained in section                 level, representative consumer
                                               replace the volume of articles
                                                                                                       337 of the Tariff Act of 1930, as                     organizations have the right to appear as
                                               potentially subject to the recommended
                                                                                                       amended (19 U.S.C. 1337), and in part                 parties in Commission antidumping and
                                               exclusion order and/or a cease and
                                                                                                       210 of the Commission’s Rules of                      countervailing duty investigations. The
                                               desist order within a commercially
                                                                                                                                                             Secretary will prepare a public service
                                               reasonable time; and                                    Practice and Procedure (19 CFR part
                                                  (v) Explain how the LEO and CDO                                                                            list containing the names and addresses
                                                                                                       210).
                                               would impact consumers in the United                                                                          of all persons, or their representatives,
                                                                                                         By order of the Commission.                         who are parties to the investigations.
                                               States.
                                                  Written submissions from the public                    Issued: October 22, 2018.
                                                                                                                                                             Background
                                                                                                       Lisa R. Barton,
khammond on DSK30JT082PROD with NOTICES




                                               must be filed no later than by close of
                                                                                                                                                                On September 5, 2018, WPC
                                               business on Thursday, November 8,                       Secretary to the Commission.                          Technologies, Oak Creek, Wisconsin,
                                               2018.                                                   [FR Doc. 2018–23411 Filed 10–25–18; 8:45 am]
                                                  Persons filing written submissions                                                                         filed a petition with the Commission
                                                                                                       BILLING CODE P
                                               must file the original document                                                                                 1 The record is defined in sec. 207.2(f) of the
                                               electronically on or before the deadlines                                                                     Commission’s Rules of Practice and Procedure (19
                                               stated above and submit 8 true paper                                                                          CFR 207.2(f)).
                                               copies to the Office of the Secretary by                                                                        2 83 FR 49543 (October 2, 2018).




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Document Created: 2018-10-26 02:27:50
Document Modified: 2018-10-26 02:27:50
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.
ContactCarl Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2382. 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.
FR Citation83 FR 54138 

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