Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

Published date06 March 2019
Citation84 FR 8109
Record Number2019-04039
SectionNotices
CourtInternational Trade Commission
Federal Register, Volume 84 Issue 44 (Wednesday, March 6, 2019)
[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
                [Notices]
                [Pages 8109-8110]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-04039]
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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 Data Transmission
                Devices, Components Thereof, Associated Software, and Products
                Containing the Same, DN 3368; 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, 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.
                 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 Data Scape Limited and C-
                Scape Consulting Corp. on February 28, 2019. The
                [[Page 8110]]
                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 data transmission devices, components thereof,
                associated software, and products containing the same. The complaint
                names as respondents: Apple Inc. of Cupertino, CA; Amazon.com, Inc. of
                Seattle, WA; Amazon Digital Services, LLC of Seattle, WA; Verizon
                Communications Inc. of New York, NY and Cellco Partnership d/b/a
                Verizon Wireless of Basking Ridge, NJ. The complainant requests that
                the Commission issue a limited exclusion order and cease and desist
                orders.
                 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 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 should be filed no later than by
                close of business nine calendar days after the date of publication of
                this notice in the Federal Register. Complainant may file a reply to
                any written submission no later than the date on which complainant's
                reply would be due under Sec. 210.8(c)(2) of the Commission's Rules of
                Practice and Procedure (19 CFR 210.8(c)(2)).
                 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 Sec. 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. 3368) in a prominent place on the cover page and/
                or the first page. (See Handbook for Electronic Filing Procedures,
                Electronic Filing Procedures \1\). Persons with questions regarding
                filing should contact the Secretary (202-205-2000).
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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: March 1, 2019.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2019-04039 Filed 3-5-19; 8:45 am]
                 BILLING CODE 7020-02-P
                

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