Notice2021-27394
Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof; Notice of Request for Statements on the Public Interest
Primary source
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Published
December 17, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that on December 7, 2021, 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.
Full Text
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<title>Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)</title>
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[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71663-71664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27394]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1227]
Certain Routers, Access Points, Controllers, Network Management
Devices, Other Networking Products, and Hardware and Software
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 on December 7, 2021, 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.
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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#4603020f15750e232a360633352f322568212930"><span class="__cf_email__" data-cfemail="e0a5a4a9b3d3a8858c90a09593899483ce878f96">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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
(``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'') covering
all of the infringing articles imported, sold for importation, or sold
after importation by respondents CommScope Holding Company, Inc. of
Hickory, North Carolina; CommScope, Inc. of Hickory, North Carolina;
Arris
[[Page 71664]]
US Holdings, Inc. of Suwanee, Georgia; Ruckus Wireless, Inc. of
Sunnyvale, California; Hewlett Packard Enterprise Co. of Palo Alto,
California; Aruba Networks, Inc. of Santa Clara, California; and
Netgear, Inc. of San Jose, California, and should apply to respondents'
affiliated companies, parents, subsidiaries or other related business
entities, or their successors or assigns. 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 administrative law judge's Recommended Determination on
Remedy and Bonding issued in this investigation on December 7, 2021.
Comments should address whether issuance of the recommended LEO 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
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 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 December 27, 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-1227'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>.). 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 by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). 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 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 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: December 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27394 Filed 12-16-21; 8:45 am]
BILLING CODE 7020-02-P
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