[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53505-53506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19188]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-975]


Certain Computer Cables, Chargers, Adapters, Peripheral Devices 
and Packaging Containing the Same; Notice of To Review an Initial 
Determination Finding All Respondents 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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 7) 
finding all respondents in default. The Commission requests written 
submissions, under the schedule set forth below, on remedy, public 
interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 at 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 December 17, 2015, based on a complaint filed on behalf of Belkin 
International, Inc. of Playa Vista, California (``Complainant''). 80 
Fed. Reg. 78763-64 (December 17, 2015). The complaint alleges 
violations of Section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the sale for importation, importation, or sale within 
the United States after importation of certain computer cables, 
chargers, adapters, peripheral devices and packaging containing the 
same by reason of infringement of one or more of U.S. Trademark 
Registration No. 2,339,459; U.S. Trademark Registration No. 2,339,460; 
U.S. Trademark Registration No. 4,168,379; and U.S. Trademark 
Registration No. 4,538,212. The Commission's notice of investigation 
named the following respondents: Dongguan Pinte Electronic Co., Ltd., 
of Dongguan City, China; and Dongguan Shijie Fresh Electronic Products 
Factory, of Dongguan City, China (collectively ``Respondents''). The 
Office of Unfair Import Investigations was named as a party.
    On June 6, 2016, Complainant moved to find Respondents in default. 
The Commission investigative attorney filed a response in support of 
Complainant's motion. On June 21, 2016, the ALJ issued Order No. 6 
ordering Respondents to show cause why they should not be found in 
default for failing to file a response to the complaint and notice of 
investigation.
    On July 12, 2016, the ALJ issued the subject ID finding Respondents 
in default. See Order No. 7. No petitions for review of the ID were 
filed.
    The Commission has determined not to review the subject ID.
    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. Complainant seeks a limited exclusion order 
and a cease and desist order.
    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 respondent; and/
or (2) issue a cease and desist order that could result in the 
defaulting respondent 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

[[Page 53506]]

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 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 state the HTSUS numbers 
under which the accused products are imported. Complainant is further 
requested to supply the names of known importers of the products at 
issue in this investigation.
    The written submissions and proposed remedial orders must be filed 
no later than close of business on August 18, 2016. Reply submissions 
must be filed no later than the close of business on August 25, 2016. 
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 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-975'') 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. 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,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: August 8, 2016.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2016-19188 Filed 8-11-16; 8:45 am]
BILLING CODE 7020-02-P