Notice2021-28500
Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 4, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same (II), DN 3578; the Commission is soliciting comments on any public interest issues raised by the amended complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 237-238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28500]
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INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Amended Complaint; Solicitation of Comments
Relating to the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has received an amended complaint entitled Certain Video
Processing Devices, Components Thereof, and Digital Smart Televisions
Containing the Same (II), DN 3578; the Commission is soliciting
comments on any public interest issues raised by the amended complaint
or complainant's filing pursuant to the Commission's Rules of Practice
and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
Commission, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2000. The public version of
the complaint can be accessed on the Commission's Electronic Document
Information System (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#1e5b5a574d2d567b726e5e6b6d776a7d30797168"><span class="__cf_email__" data-cfemail="8acfcec3d9b9c2efe6facafff9e3fee9a4ede5fc">[email protected]</span></a>.
General information concerning the Commission may also be obtained
by accessing its internet server at United States International Trade
Commission (USITC) at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at <a href="https://edis.usitc.gov">https://edis.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: The Commission has received an amended
complaint and a submission pursuant to Sec. 210.8(b) of the
Commission's Rules of Practice and Procedure filed on behalf of DivX,
LLC on December 28, 2021. The original complaint was filed on November
24, 2021, and a notice of receipt of complaint; solicitation of
comments relating to the public interest published in the Federal
Register on December 1, 2021. The amended complaint alleges violations
of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain video
processing devices, components thereof, and digital smart televisions
containing the same (II). The amended complaint names as respondents:
TCL Technology Group Corporation of China; TCL Electronics Holdings
Limited of China; TTE Technology, Inc. of Corona, CA; Shenzhen TCL New
Technologies Co. Ltd. of China; TCL King Electrical Appliances
(Huizhou) Co. Ltd. of China; TCL MOKA International Limited of Hong
Kong; and TCL Smart Device (Vietnam) Co., Ltd of Vietnam. The complaint
and amended complaint alleges infringement of claims of U.S. Patent
Nos. 8,832,297 (the ``'297 Patent''), and 8,472,792 (the ``'792
Patent'') (collectively, ``the Asserted Patents'') The complainant
requests that the Commission issue a permanent limited exclusion order,
cease and desist orders and impose a bond upon respondents' alleged
infringing articles during the 60-day Presidential review period
pursuant to 19 U.S.C. 1337(j).
Proposed respondents, other interested parties, and members of the
public are invited to file comments on any public interest issues
raised by the amended complaint or Sec. 210.8(b) filing. Comments
should address whether issuance of the relief specifically requested by
the complainant in this investigation 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 requested
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the requested remedial 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 requested exclusion order and/or a
cease and desist order within a commercially reasonable time; and
(v) explain how the requested remedial orders would impact United
States consumers.
Written submissions on the public interest must be filed no later
than by close of business, eight calendar days after the date of
publication of this notice in the Federal Register. There will be
further opportunities for comment on the public interest after the
issuance of any final initial determination in this investigation. Any
written submissions on other issues must also be filed by no later than
the close of business, eight calendar days after publication of this
notice in the Federal Register. Complainant may file replies to any
written submissions no later than three calendar days after the date on
which any initial submissions were due. No other submissions will be
accepted, unless requested by the Commission. Any submissions and
replies filed in response to this Notice are limited to five (5) pages
in length, inclusive of attachments.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. Submissions
should refer
[[Page 238]]
to the docket number (``Docket No. 3578'') in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, Electronic Filing Procedures \1\). Please note the
Secretary's Office will accept only electronic filings during this
time. Filings must be made through the Commission's Electronic Document
Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.) No in-person paper-
based filings or paper copies of any electronic filings will be
accepted until further notice. Persons with questions regarding filing
should contact the Secretary at <a href="/cdn-cgi/l/email-protection#b4f1f0fde787fcd1d8c4f4c1c7ddc0d79ad3dbc2"><span class="__cf_email__" data-cfemail="0a4f4e435939426f667a4a7f79637e69246d657c">[email protected]</span></a>.
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\1\ 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>.
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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,\2\ solely for
cybersecurity purposes. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.\3\
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\2\ All contract personnel will sign appropriate nondisclosure
agreements.
\3\ Electronic Document Information System (EDIS): <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
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This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure
(19 CFR 201.10, 210.8(c)).
Issued: December 29, 2021.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2021-28500 Filed 1-3-22; 8:45 am]
BILLING CODE 7020-02-P
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