Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest |
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William R. Bishop
International Trade Commission
October 29, 2015
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66567-66568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27613]
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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 Vehicular
Smartwatch Systems, Related Software, Components Thereof, and Products
Containing the Same, DN 3093; the Commission is soliciting comments on
any public interest issues raised by the complaint or complainant's
filing under section 210.8(b) of the Commission's Rules of Practice and
Procedure (19 CFR 210.8(b)).
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 EDIS,\1\ and will be available for
inspection during official business hours (8:45 a.m. to 5:15 p.m.) in
the Office of the Secretary, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436, telephone (202) 205-2000.
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\1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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General information concerning the Commission may also be obtained
by accessing its Internet server at United States International Trade
Commission (USITC) at USITC.\2\ The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810.
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\2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
\3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission has received a complaint and
a submission pursuant to section 210.8(b) of the Commission's Rules of
Practice and Procedure filed on behalf of Intellectual Capital
Consulting, Ltd. on October 26, 2015. 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 vehicular
smart watch systems, related software, components thereof, and products
containing the same. The complaint names as respondents Hyundai Motor
Company of South Korea; Hyundai Motor America of Fountain View, CA;
Hyundai Motor Manufacturing Alabama of Montgomery, AL; General Motors
Company of Detroit, MI; General Motors, LLC of Detroit, MI; Onstar, LLC
of Detroit, MI; Bayerische Motoren Werke AG of Germany; BMW of North
America, LLC of Woodcliff Lake, NJ; Volkswagen AG of Germany;
Volkswagen Group of America, Inc. of Herndon, VA; Audi AG of Germany;
Audi of America, Inc. of Herndon, VA; Audi of America, LLC of Auburn
Hills, MI; Volvo Car Corporation of Sweden; Volvo Cars of North
America, LLC of Rockleigh, NJ; Dr. Ing. h.c. F. Porsche AG of Germany;
Porsche Cars North America, Inc. of Atlanta, GA; DEI Holdings, Inc. of
Vista, CA; Directed Electronics, Inc. of Vista, CA; Samsung Electronics
Co., Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield
Park, NJ; LG Corporation of South Korea; LG Electronics USA, Inc. of
Englewood Cliffs, NJ; LG Electronics Mobile Research. U.S.A., L.L.C. of
San Diego, CA; Sony Corporation of Japan; Sony Corporation of America
of Ney York, NY; Sony Electronics, Inc. of San Diego, CA; Lenovo Group
Limited of China; Lenovo Holding Company, Inc. of Morrisville, NC;
Lenovo (United States), Inc. of Purchase, NY; Motorola Mobility, Inc.
of Chicago, IL; Apple, Inc. of Cupertino, CA; Station Digital Media,
Inc. of Long Beach, CA; and Rego Apps, LLC of Celebration, FL. The
complainant requests that the Commission issue general exclusion
orders, a permanent 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, not to exceed five (5) pages in
length, inclusive of attachments, on any public interest issues raised
by the complaint
[[Page 66568]]
or section 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 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.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
pursuant to section 210.4(f) of the Commission's Rules of Practice and
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket
number (``Docket No. 3093'') in a prominent place on the cover page
and/or the first page. (See Handbook for Electronic Filing Procedures,
Electronic Filing Procedures.\4\) Persons with questions regarding
filing should contact the Secretary (202-205-2000).
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\4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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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
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary and on EDIS.\5\
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\5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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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 sections 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: October 26, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-27613 Filed 10-28-15; 8:45 am]
BILLING CODE 7020-02-P