[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19956-19957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07506]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1138]
Certain LTE- and 3G-Compliant Cellular Communications Devices;
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 February 18, 2020, the
presiding administrative law judge (``ALJ'') issued an Initial
Determination on Violation of Section 337 in the above-captioned
investigation. On April 3, 2020, the ALJ issued a Recommended
Determination on Remedy and Bond. 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
[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. 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) Limited exclusion orders (``LEOs'')
directed to certain LTE- and 3G-compliant cellular communications
devices imported, sold for importation, and/or sold after importation
by respondents Apple Inc. of Cupertino, California; HTC Corporation of
Taoyuan City, Taiwan; HTC America, Inc. of Seattle, Washington; ZTE
Corporation of Guangdong, China; and ZTE (USA) Inc. of Richardson,
Texas; and (2) cease and desist orders (``CDOs'') against each
respondent.
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 on
Remedy and Bond issued in this investigation on April 3, 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
LEOs and CDOs are used in the United States;
[[Page 19957]]
(ii) Identify any public health, safety, or welfare concerns in the
United States relating to the recommended LEOs and CDOs;
(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 LEOs and CDOs within a
commercially reasonable time; and
(v) Explain how the recommended LEOs and CDOs would impact
consumers in the United States.
Written submissions from the public must be filed no later than by
close of business on May 5, 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-1138'') 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).
By order of the Commission.
Issued: April 6, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-07506 Filed 4-8-20; 8:45 am]
BILLING CODE 7020-02-P