Notice2022-01291
Notice of Receipt of 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 24, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Mobile Phones and Tablet Computers, All with Switchable Connectivity, and Products Containing Same, DN 3597; the Commission is soliciting comments on any public interest issues raised by the 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 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3581-3582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01291]
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INTERNATIONAL TRADE COMMISSION
Notice of Receipt of 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 a complaint entitled Certain Mobile Phones and
Tablet Computers, All with Switchable Connectivity, and Products
Containing Same, DN 3597; the Commission is soliciting comments on any
public interest issues raised by the 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#41040508127209242d310134322835226f262e37"><span class="__cf_email__" data-cfemail="4d0809041e7e0528213d0d383e24392e632a223b">[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 a complaint and
a submission pursuant to Sec. 210.8(b) of the Commission's Rules of
Practice and Procedure filed on behalf of Ericsson Inc. and
Telefonaktiebolaget LM Ericsson on January 18, 2022. The 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 mobile phones, and tablet computers, all with switchable
connectivity, and products containing same. The complainant names as
respondent: Apple, Inc. of Cupertino, CA. The complainant requests that
the Commission issue a limited exclusion order, a cease and desist
order, 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 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 to the docket number
(``Docket No. 3597'') 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#1c5958554f2f5479706c5c696f75687f327b736a"><span class="__cf_email__" data-cfemail="ce8b8a879dfd86aba2be8ebbbda7baade0a9a1b8">[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
[[Page 3582]]
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
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201.10, 210.8(c)).
By order of the Commission.
Issued: January 19, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-01291 Filed 1-21-22; 8:45 am]
BILLING CODE 7020-02-P
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