Notice2022-10022
Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof; Notice of Request for Submissions on the Public Interest
Primary source
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Published
May 10, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that on April 4, 2022, the presiding administrative law judge ("ALJ") issued a Final Initial Determination on Violation of Section 337. The ALJ also 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.
Full Text
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<title>Federal Register, Volume 87 Issue 90 (Tuesday, May 10, 2022)</title>
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[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28036-28037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10022]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1258]
Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC
Control Systems, and Components Thereof; Notice of Request for
Submissions on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that on April 4, 2022, the presiding
administrative law judge (``ALJ'') issued a Final Initial Determination
on Violation of Section 337. The ALJ also 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: Houda Morad, Esq., Office of the
General Counsel, U.S. International
[[Page 28037]]
Trade Commission, 500 E Street SW, Washington, DC 20436, telephone
(202) 708-4716. 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#3e7b7a776d0d765b524e7e4b4d574a5d10595148"><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
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: A limited exclusion order directed to certain
smart thermostat systems, smart HVAC systems, smart HVAC control
systems, and components thereof imported, sold for importation, and/or
sold after importation by respondents: Ecobee, Ltd., ecobee Inc., and
Google LLC (collectively, ``Respondents''). 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 April 4, 2022. 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, complainant's 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
(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 May 20, 2022.
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-1258'') 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.
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 5, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-10022 Filed 5-9-22; 8:45 am]
BILLING CODE 7020-02-P
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