[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3718-3719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00939]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1131]
Certain Wireless Mesh Networking Products and Related Components
Thereof; Notice of Request for Statements on the Public Interest
AGENCY: U.S. International Trade Commission.
[[Page 3719]]
ACTION: Notice.
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SUMMARY: Notice is hereby given that the presiding administrative law
judge has issued a Final Initial Determination on Section 337 Violation
and a 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, should the
Commission find a violation. 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: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930
(``Section 337'') provides that if the Commission finds a violation it
shall exclude the articles concerned from the United States unless the
public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such
action. A similar provision applies to cease and desist orders. 19
U.S.C. 1337(f)(1).
The Commission is soliciting comments on public interest issues
raised by the recommended relief should the Commission find a
violation, specifically: (1) A limited exclusion order directed to
certain wireless mesh networking products and related components
thereof imported, sold for importation, and/or sold after importation
by respondents Emerson Electric Co. of St. Louis, Missouri; Emerson
Process Management LLLP of Bloomington, Minnesota; Emerson Process
Management Asia Pacific Private Limited of Singapore; Emerson Process
Management Manufacturing (M) Sdn. Bhd. of Nilai, Malaysia; Fisher-
Rosemount Systems, Inc. of Round Rock, Texas; and Rosemount Inc. of
Shakopee, Minnesota (collectively ``Emerson''), and respondents Analog
Devices, Inc. of Norwood, Massachusetts and Linear Technology LLC of
Milpitas, California (collectively ``Analog''); and (2) cease and
desist orders against Emerson and Analog.
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 administrative law judge's
Recommended Determination on Remedy and Bonding issued in this
investigation on January 10, 2020. Comments should address whether
issuance of the remedial orders in this investigation, should the
Commission find a violation, 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
complainants, their licensees, or third parties make in the United
States which could replace the subject articles if they were to be
excluded;
(iv) Indicate whether complainants, complainants' 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 LEO and CDO would impact consumers in the
United States.
Written submissions from the public must be filed no later than by
close of business on February 11, 2020.
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-1131'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/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. 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, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
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: January 15, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-00939 Filed 1-21-20; 8:45 am]
BILLING CODE 7020-02-P