[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40318-40319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14366]
[[Page 40318]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1168]
Certain Light-Emitting Diode Products, Systems, and Components
Thereof (III); 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, on June 26, 2020, the presiding
administrative law judge (``ALJ'') issued an Initial Determination on
Violation of Section 337 and 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,
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: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please [email protected].
General information concerning the Commission may also be obtained by
accessing its internet server at https://www.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.
The Commission is soliciting comments on public interest issues
raised by the recommended relief should the Commission find a
violation, specifically: A limited exclusion order (``LEO'') directed
to certain light-emitting diode products, systems, and components
thereof imported, sold for importation, and/or sold after importation
by Cree, Inc. of Durham, North Carolina; Cree Hong Kong, Ltd. of
Shatin, Hong Kong; Cree Huizhou Solid State Lighting Co. Ltd. of
Guangdong, China; Lumileds Holding B.V. of Schipol, Netherlands;
Lumileds LLC of San Jose, California; Nichia Corp. of Tokushima, Japan;
Nichia America Corp. of Wixom, Michigan; OSRAM Licht AG and OSRAM GmbH,
both of Munich, Germany; OSRAM Opto Semiconductors GmbH of Regensburg,
Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale, California;
Acuity Brands, Inc. of Atlanta, Georgia; Acuity Brands Lighting, Inc.
of Conyers, Georgia; General Electric Company of Boston, Massachusetts;
Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland,
Ohio; Current Lighting Solutions, LLC of Cleveland, Ohio; LEDVANCE LLC
of Wilmington, Massachusetts; Leedarson Lighting Co., Ltd. of Xiamen,
China; Leedarson America, Inc. of Smyrna, Georgia; Signify N.V. (f/k/a
Phillips Lighting N.V.) of Eindhoven, Netherlands; and Signify North
America Corporation of Somerset, New Jersey that infringe one or more
of claims 1, 2, 3, 5, 6, and 21 of U.S. Patent No. 7,095,053; and
claims l and 6 of U.S. Patent No. 7,528,421.
The Commission is interested in developing 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 on Remedy and
Bond issued in this investigation on June 26, 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
LEO are used in the United States;
(ii) Identify any public health, safety, or welfare concerns in the
United States relating to the recommended LEO;
(iii) Identify like or directly competitive articles that
complainant, its licensees, and/or third parties make in the United
States which could replace the subject articles if they were to be
excluded;
(iv) Indicate whether complainant, its licensees, and/or third-
party suppliers have the capacity to replace the volume of articles
potentially subject to the recommended LEO within a commercially
reasonable time; and
(v) Explain how the recommended LEO would impact consumers in the
United States.
Written submissions from the public must be filed no later than by
close of business on July 28, 2020.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1168'') 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. 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).
[[Page 40319]]
By order of the Commission.
Dated: June 29, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-14366 Filed 7-2-20; 8:45 am]
BILLING CODE 7020-02-P