[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