Notice2023-28333
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
December 26, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has received a complaint regarding Certain Computing Devices Utilizing Indexed Search Systems and Components Thereof, DN 3714; 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 88 Issue 246 (Tuesday, December 26, 2023)</title>
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[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88963-88964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28333]
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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 regarding Certain Computing Devices
Utilizing Indexed Search Systems and Components Thereof, DN 3714; 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#296c6d607a1a614c4559695c5a405d4a074e465f"><span class="__cf_email__" data-cfemail="6623222f35552e030a162613150f120548010910">[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 XI Discovery, Inc. on
December 19, 2023. 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 computing devices utilizing indexed
search systems and components thereof. The complaint names as
respondents: ASUSTeK Computer Inc. of Taiwan; ASUS Computer
International of Fremont, CA; Acer Inc. of Taiwan; Acer America
Corporation of San Jose, CA; Dell Technologies Inc. of Round Rock, TX;
Dell (Chengdu) Company Limited of China; and Dell Products L.P. of
Round Rock, TX. The complainant requests that the Commission issue a
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 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
[[Page 88964]]
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, notwithstanding Sec. 201.14(a) of the Commission's Rules of
Practice and Procedure. 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. 3714'') 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#5316171a00601b363f231326203a27307d343c25"><span class="__cf_email__" data-cfemail="6e2b2a273d5d260b021e2e1b1d071a0d40090118">[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)).
By order of the Commission.
Issued: December 19, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-28333 Filed 12-22-23; 8:45 am]
BILLING CODE 7020-02-P
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