[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Notices]
[Pages 52211-52212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20428]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-878]


Certain Electronic Devices Having Placeshifting or Display 
Replication and Products Containing Same; Commission Determination Not 
To Review an Initial Determination Finding the Sole Remaining 
Respondent To Be in Default; Request for Written Submissions on Remedy, 
the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 11) issued by the presiding administrative law 
judge (``ALJ'') on July 29, 2013, finding the last remaining respondent 
in this investigation to be in default. Accordingly, the Commission 
requests written submissions, under the schedule set forth below, on 
remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 instituted this investigation 
on April 17, 2013, based on a complaint filed by Sling Media, Inc. 
(``Sling''). 78 FR 22899-900. The complaint alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain electronic devices having placeshifting or 
display replication functionality, and products containing same, by 
reason of infringement of certain claims of U.S. Patent Nos. 7,725,912; 
7,877,776; 8,051,454; 8,060,909; 8,266,657; and 8,365,236. The 
complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named as respondents Belkin 
International, Inc. (``Belkin''); Monsoon Multimedia, Inc. 
(``Monsoon''); and C2 Microsystems, Inc. (``C2''). 78 FR 22899-900 
(Apr. 17, 2013). The Office of Unfair Import Investigations is not 
participating in this investigation. Id.
    The Commission terminated the investigation with respect to Belkin 
based on a settlement agreement, and terminated the investigation with 
respect to Monsoon based upon default. See Order No. 4 (June 5, 2013), 
not reviewed July 5, 2013; see Order No. 7 (July 8, 2013), not reviewed 
Aug. 7, 2013.
    On June 26, 2013, Sling moved for an order directing C2 to show 
cause why it should not be found in default for failure to respond to 
the Complaint and Notice of Investigation, and, upon failure to show 
cause, for the issuance of an initial determination finding C2 in 
default. On July 11, 2013, the ALJ ordered C2 to show cause why it 
should not be found in default. See Order No. 9. No response to Order 
No. 9 was filed.
    On July 29, 2013, the ALJ issued the subject ID finding C2 in 
default under Commission Rule 210.16(a)(1). See Order No. 11. No 
petitions for review of the ID were filed. The Commission has 
determined not to review the subject ID.
    C2 is the sole remaining respondent in this investigation. Section 
337(g)(1) and Commission Rule 210.16(c) authorize the Commission to 
order relief against a respondent found in default, unless, after 
considering the public interest, it finds that such relief should not 
issue. Sling did not file a declaration stating that it was seeking a 
general exclusion order as provided in Commission Rule 210.16(c)(2).
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondents; 
and/or (2) issue a cease and desist order that could result in the 
defaulting respondents being required to cease and desist from engaging 
in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 
2843, Comm'n Op. at 7-10 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions

[[Page 52212]]

concerning the amount of the bond that should be imposed if a remedy is 
ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant is also requested to submit proposed remedial 
orders for the Commission's consideration, to state the HTSUS numbers 
under which the accused products are imported, and to state the dates 
that the patents expire.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on August 30, 2013. Reply submissions must 
be filed not later than the close of business on September 6, 2013. No 
further submissions on these issues will be permitted unless otherwise 
ordered by the Commission.
    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 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-878'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_
electronic_filing.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. A 
redacted nonconfidential version of the document must also be filed 
simultaneously with any confidential filing. All nonconfidential 
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).

    Issued: August 16, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-20428 Filed 8-21-13; 8:45 am]
BILLING CODE 7020-02-P