[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Notices]
[Pages 50859-50860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20875]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1130]


Certain Beverage Dispensing Systems 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 an Initial Determination on Violation of Section 337 
and a Recommended Determination on Remedy and Bond in the above-
captioned investigation. The Commission is soliciting comments on 
public interest issues raised by the recommended relief, specifically a 
limited exclusion order and cease and desist orders. 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: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. The public version 
of the complaint can be accessed on the Commission's electronic docket 
(EDIS) at https://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 (https://www.usitc.gov). The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://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).
    On September 5, 2019, the administrative law judge (``ALJ'') issued 
the Initial Determination on Violation of Section 337 (``ID''). The ID 
finds a violation of section 337 as a result of the infringement of 
claims 1,3, 7, and 10 of U.S. Patent No. 7,188,751 (``the '751 
patent''). On September 19, 2019, the ALJ issued the Recommended 
Determination on Remedy and Bond (``RD''). The RD recommends that if 
the Commission finds a violation of section 337 that the Commission 
issue a limited exclusion order as to infringing beverage dispensing 
systems and components thereof, and cease and desist orders to 
respondents. The RD further recommends a bond of five percent of

[[Page 50860]]

the entered value of subject articles during the Presidential review 
period.
    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 ALJ's Recommended Determination. 
Comments should address whether issuance of a limited exclusion order 
and cease and desist orders in this investigation directed to 
respondents' infringing products 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 from the public must be filed no later than by 
close of business on Monday, October 21, 2019.
    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-1130'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. 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: September 20, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-20875 Filed 9-25-19; 8:45 am]
 BILLING CODE 7020-02-P