[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24664-24665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09736]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1185]


Notice of Request for Submissions on the Public Interest; Certain 
Smart Thermostats, Smart HVAC Systems, and Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on April 20, 2021, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination on 
Violation of Section 337. On May 3, 2021, the ALJ issued a Recommended 
Determination on remedy and bonding should a violation be found in the 
above-captioned investigation. The Commission is soliciting submissions 
on public interest issues raised by the recommended relief should the 
Commission find a violation. This notice is soliciting comments from 
the public only.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. 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 
[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 
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 soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: (1) A limited exclusion order directed to 
certain smart thermostats, smart HVAC systems, and components thereof 
imported, sold for importation, and/or sold after importation by the 
following respondents: ecobee Ltd. and ecobee, Inc. (collectively 
``ecobee''); Google LLC (``Google''); Alarm.com Incorporated and 
Alarm.com Holdings, Inc. (collectively ``Alarm.com''); Daikin 
Industries, Ltd., Daikin America, Inc., and Daikin North America LLC 
(collectively ``the Daikin Respondents''); Schneider Electric USA, Inc. 
and Schneider Electric SE (collectively ``the Schneider Respondents''); 
and Vivint, Inc. (``Vivint'') (collectively, ``Respondents''); (2) 
cease and desist orders directed to each Respondent. Parties are to 
file public interest submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. 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 ALJ's Recommended Determination on Remedy and Bonding 
issued in this investigation on May 3, 2021. Comments should address 
whether issuance of the recommended 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 
remedial 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 orders within a 
commercially reasonable time; and

[[Page 24665]]

    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on June 4, 2021.
    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 (March 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1185'') 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 nonconfidential 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 in Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: May 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09736 Filed 5-6-21; 8:45 am]
BILLING CODE 7020-02-P