Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
| Published date | 12 July 2024 |
| Record Number | 2024-15335 |
| Citation | 89 FR 57166 |
| Court | International Trade Commission |
| Section | Notices |
Federal Register, Volume 89 Issue 134 (Friday, July 12, 2024)
[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Notices]
[Pages 57166-57167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15335]
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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 Nand Memory
Devices
[[Page 57167]]
and Electronic Devices Containing the Same, DN 3759; 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 https://edis.usitc.gov. For help accessing
EDIS, please email [email protected].
General information concerning the Commission may also be obtained
by accessing its internet server at United States International Trade
Commission (USITC) at https://www.usitc.gov. The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at https://edis.usitc.gov. 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 MimirIP LLC on July 8, 2024.
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 nand memory devices and electronic devices
containing the same. The complaint names as respondents: Micron
Technology Inc. of Boise, ID; Acer Inc. of Taiwan; Acer America Corp.
of San Jose, CA; HP, Inc. of Palo Alto, CA; Kingston Technology
Company, Inc. of Fountain Valley, CA; Lenovo Group Limited of China;
and Lenovo (United States) Inc. of Morrisville, NC. 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, members of the
public, and interested government agencies 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, 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. 3759'') 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, https://edis.usitc.gov.) 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 [email protected].
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\1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.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
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): https://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 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: July 8, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-15335 Filed 7-11-24; 8:45 am]
BILLING CODE 7020-02-P
