[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56245-56246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22189]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-853]
Certain Wireless Consumer Electronics Devices and Components
Thereof; 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 and 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, specifically a limited
exclusion order against certain wireless consumer electronics devices
and components thereof imported by respondents Acer, Inc. of Taipei,
Taiwan; Acer America Corporation of San Jose, California; Amazon.com,
Inc. of Seattle, Washington; Barnes and Noble, Inc. of New York, New
York; Garmin Ltd of Schaffhausen, Switzerland; Garmin International,
Inc. of Olathe, Kansas; Garmin USA, Inc. of Olathe, Kansas; HTC
Corporation of New Taipei City, Taiwan; HTC America of Bellevue,
Washington; Huawei Technologies Co, Ltd. of Shenzhen, China; Huawei
Device Co., Ltd. of Shenzhen, China; Huawei Device USA Inc. of Plano,
Texas; and Futurewei Technologies, Inc. d/b/a Huawei Technologies (USA)
of Plano, Texas; Kyocera Corporation of Kyoto, Japan; Kyocera
Communications, Inc. of San Diego, California; LG Electronics, Inc. of
Seoul, Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New
Jersey; Nintendo Co. Ltd. of Kyoto, Japan; Nintendo of America, Inc. of
Redmond, Washington; Novatel Wireless, Inc. of San Diego, California;
Samsung Electronics Co., Ltd., of Seoul, Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New Jersey; ZTE Corporation of
Shenzhen, China; and ZTE (USA) Inc. of Richardson, Texas. This notice
is soliciting public interest comments from the public only. Parties
are to file public interest submissions pursuant to 19 CFR
210.50(a)(4).
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. The public version of
the complaint can be accessed on the Commission's electronic docket
(EDIS)
[[Page 56246]]
at http://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 (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: Section 337 of the Tariff Act of 1930
provides that if the Commission finds a violation it shall exclude the
articles concerned from the United States:
unless, after considering the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, and United States consumers, it finds
that such articles should not be excluded from entry.
19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is interested in further development of the record
on the public interest in these investigations. Accordingly, members of
the public are 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 6, 2013.
Comments should address whether issuance of a limited exclusion order
and cease and desist orders 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 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
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 recommended exclusion order and/or
a cease and desist order within a commercially reasonable time; and
(v) explain how the limited exclusion order and cease and desist
orders would impact consumers in the United States.
Written submissions must be filed no later than by close of
business on October 7, 2013.
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-853'') 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 non-confidential version of the document must also be filed
simultaneously with the any confidential filing. All non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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 sections 201.10
and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR
201.10, 210.50).
Issued: September 9, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22189 Filed 9-11-13; 8:45 am]
BILLING CODE 7020-02-P