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` 31098 Federal Register/ Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA—1043]
`
`Certain Electrical Connectors,
`Components Thereof, and Products
`Containing the Same; Commission
`Determination To Review a Final Initial
`Determination Finding a Violation of
`Section 337; Request for Written
`Submissions on the Issues Under
`Review and on Remedy, Bonding, and
`the Public Interest; and Extension of
`the Target Date
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that
`the U.S. International Trade
`Commission (“the Commission”) has
`determined to review a final initial
`
`determination (“ID”) of the presiding
`administrative law judge (“ALI”)
`finding a violation of section 337. The
`Commission is requesting written
`submissions from the parties on the
`issues under review and is requesting
`written submissions on remedy,
`bonding, and the public interest. The
`Commission has also determined to
`
`extend the target date for completion of
`the investigation to August 22, 2019.
`FOR FURTHER INFORMATION CONTACT:
`
`Clint Gerdine, Esq., Office of the
`General Counsel, U.S. International
`Trade Commission, 500 E Street SW,
`Washington, DC 20436, telephone (202)
`708—2310. Copies of non-confidential
`documents filed in connection with this
`
`investigation are or will be available for
`inspection during official business
`hours (8:45 a.m. to 5:15 pm.) 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 https://www.usitc.gov.
`The public record for this investigation
`may be viewed on the Commission’s
`electronic docket (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 instituted this investigation
`on March 14, 2017, based on a
`complaint filed by ].S.T. Corporation
`(“IST”) of Farmington Hills, Michigan.
`82 FR 13654—55. The complaint, as
`supplemented, alleges violations of
`section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. 1337, based on the
`
`importation and sale of certain electrical determined to review the subject ID in
`connectors, components thereof, and
`its entirety. Accordingly, the
`products containing the same by reason
`Commission is interested in responses
`of infringement of claims 2, 4, and 9—
`to the following questions:
`10 of U.S. Patent No. 7,004,766 (“the
`(A) Do the claim language,
`specification, and prosecution history
`’766 patent”). The complaint further
`limit the claim limitation “the first
`alleges the existence of a domestic
`industry. The Commission’s notice of
`investigation named the following
`respondents: Robert Bosch GmbH of
`Baden-Wuertemberg, Germany; Bosch
`Automotive Products (Suzhou) Co., Ltd.
`of Iiangsu, China; and Hon Hai
`Precision Industry Co., Ltd. of New
`Tapei City, Taiwan (collectively, “the
`non-importing respondents”); Robert
`Bosch LLC of Broadview, Illinois;
`Robert Bosch, Sistemas Automatrices,
`SA. de CV. of Chihuahua, Mexico;
`Foxconn Interconnect Technology, Ltd.
`of New Tapei City, Taiwan (collectively,
`“the remaining respondents”); and
`Robert Bosch, Ltda. (“Bosch Brazil”) of
`Sao Paulo, Brazil. The Office of Unfair
`Import Investigations is not
`participating in the investigation. Bosch
`Brazil has been terminated from the
`
`holes are provided in end regions of the
`tine plate proximate to two opposite
`ends of the tine plate in the longitudinal
`direction” recited in claim 2 to require
`that first holes be disposed closest to the
`edge of the two opposite ends of the tine
`plate in the longitudinal direction? And
`what is your proposed claim
`construction for this limitation?
`(B) How does your construction apply
`to infringement, the technical prong of
`the domestic industry requirement, and
`invalidity?
`The parties are requested to brief only
`the discrete questions presented above,
`with reference to the applicable law and
`record. The parties are not to brief any
`other issues on review, which have
`already been adequately presented in
`the parties’ previous filings. Also, the
`Commission has extended the target
`date for completion of the investigation
`to August 22, 2019.
`In addition, in connection with the
`final disposition of this investigation,
`the Commission is interested in
`
`investigation. See Order No. 68
`(November 8, 2018), unreviewed by
`Comm’n Notice (December 3, 2018).
`Two IDs granting respondents’ motions
`for summary determination of invalidity
`of one or more asserted claims of the
`
`’766 patent due to indefiniteness have
`been reversed by the Commission. See
`Order No. 24 (October 16, 2017),
`reversed by Comm’n Notice (March 26,
`2018); Order No. 30 (May 18, 2018),
`reversed by Comm’n Notice (July 24,
`2018).
`On April 12, 2019, the AL} issued his
`final ID finding a violation of section
`337. The ID finds that the non-importing
`respondents do not satisfy the
`importation requirement of section
`337(a)(1](B]. The ID further finds that
`the remaining respondents’ accused
`products infringe asserted claims 2, 4,
`and 9—10 of the ’766 patent. The ID also
`finds that the asserted claims are not
`invalid under 35 U.S.C. 102, 103. In
`addition, the ID finds that IST satisfied
`both prongs of the domestic industry
`requirement with respect to the ’766
`patent. In the same document, the AL]
`recommended that if the Commission
`finds a violation, it should issue a
`limited exclusion order directed to
`
`respondents’ infringing products and no
`cease and desist orders.
`
`On April 29, 2019, respondents
`petitioned, and )ST contingently
`petitioned, for review of the final ID. On
`May 7, 2019, IST and respondents each
`filed a response in opposition to the
`other party’s petition for review.
`Having reviewed the record of the
`investigation, including the parties’
`briefing, the Commission has
`
`receiving written submissions that
`address the form of remedy, if any, that
`should be ordered. If a party seeks
`exclusion of an article from entry into
`the United States for purposes other
`than entry for consumption, the party
`should so indicate and provide
`information establishing that activities
`involving other types of entry either are
`adversely affecting it or likely to do so.
`For background, see Certain Devices for
`Connecting Computers Via Telephone
`Lines, Inv. No. 337—TA—360, USITC
`Pub. No. 2843, Comm’n Op. at 7—10
`(December 1994).
`If the Commission contemplates some
`form of remedy, it must consider the
`effects of that remedy upon the public
`interest. The factors the Commission
`will consider include the effect that an
`exclusion order and/or cease and desist
`
`orders would have on (1) the public
`health and welfare, (2) competitive
`conditions in the U.S. economy, (3) U.S.
`production of articles that are like or
`directly competitive with those that are
`subject to investigation, and (4) U.S.
`consumers. The Commission is
`
`therefore interested in receiving written
`submissions that address the
`
`aforementioned public interest factors
`in the context of this investigation.
`If the Commission orders some form
`
`of remedy, the U.S. Trade
`Representative, as delegated by the
`President, has 60 days to approve or
`
`

`

`31099
`Federal Register/Vol. 84, No. 125/ Friday, June 28, 2019/ Notices
`
`disapprove the Commission’s action.
`See Presidential Memorandum of July
`21, 2005, 70 FR 43251 (July 26, 2005).
`During this period, the subject articles
`would be entitled to enter the United
`States under bond, in an amount
`determined by the Commission and
`prescribed by the Secretary of the
`Treasury. The Commission is therefore
`interested in receiving submissions
`concerning the amount of the bond that
`should be imposed if a remedy is
`ordered.
`Written Submissions: Parties to the
`
`investigation are required to file initial
`submissions regarding the issues under
`review by no later than July 8, 2019.
`Response submissions are due by July
`15, 2019. The parties should limit their
`initial and response submissions to 25
`pages each. Also, parties to the
`investigation, interested government
`agencies, and any other interested
`parties are encouraged to file written
`submissions on the issues of remedy,
`the public interest, and bonding. Such
`submissions should address the
`
`recommended determination by the ALJ
`on remedy and bonding.
`Complainant is also requested to
`submit proposed remedial orders for the
`Commission’s consideration.
`
`Complainant is also requested to state
`the date that the asserted patents expire,
`the HTSUS numbers under which the
`
`accused products are imported, and to
`supply the names of known importers of
`the products at issue in this
`investigation. The written submissions
`regarding remedy, bonding, and the
`public interest and proposed remedial
`orders must be filed no later than close
`
`of business on July 8, 2019. Reply
`submissions must be filed no later than
`
`the close of business on July 15, 2019.
`No further submissions on these issues
`
`will be permitted unless otherwise
`ordered by the Commission.
`Persons filing written submissions
`must file the original document
`electronically on or before the deadlines
`stated above and submit eight true paper
`copies to the Office of the Secretary
`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
`
`investigation number (“Inv. No. 337—
`TA—1043”) in a prominent place on the
`cover page and/or the first page. (See
`Handbook on Filing Procedures, https://
`WWW.usitc.gov/documents/handbook_
`on_fi1ing_procedures.pdf). Persons with
`questions regarding filing should
`contact the Secretary at (202) 205—2000.
`Any person desiring to submit a
`document to the Commission in
`
`already been granted such treatment
`during the proceedings. All such
`requests should be directed to the
`Secretary of the Commission and must
`include a full statement of the reasons
`
`why the Commission should grant such
`treatment. See 19 CFR 210.6. Documents
`
`for which confidential treatment by the
`Commission is 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,1 solely for cybersecurity
`purposes. All non-confidential written
`submissions will be available for public
`inspection at the Office of the Secretary
`and on EDIS.
`The authority for the Commission’s
`determination is contained in 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: June 24, 2019.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2019—13787 Filed 6—27—19; 8:45 am]
`BILLING cODE 1020-02—P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation Nos. 701—TA-405—406 and
`408 and 731—TA—899—901 and 906—908
`(Third Review)]
`
`Hot-Rolled Steel Products From China,
`India, Indonesia, Taiwan, Thailand, and
`Ukraine; Scheduling of Expedited Five-
`Year Reviews
`
`AGENCY: United States International
`Trade Commission.
`ACTION: Notice.
`
`SUMMARY: The Commission hereby gives
`notice of the scheduling of expedited
`
`confidence must request confidential
`treatment unless the information has
`
`1 All contract personnel will sign appropriate
`nondisclosure agreements.
`
`reviews pursuant to the Tariff Act of
`1930 (“the Act”) to determine whether
`revocation of the countervailing duty
`orders on hot-rolled steel products from
`India, Indonesia, and Thailand and
`antidumping duty orders on hot-rolled
`steel products from China, India,
`Indonesia, Taiwan, Thailand, and
`Ukraine would be likely to lead to
`continuation or recurrence of material
`
`injury within a reasonably foreseeable
`time.
`
`DATES: May 7, 2019.
`FOR FURTHER INFORMATION CONTACT: Julie
`Duffy ((202) 708—2579), Office of
`Investigations, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436. Hearing-
`impaired persons can obtain
`information on this matter by contacting
`the Commission’s TDD terminal on 202—
`
`205—1810. Persons with mobility
`impairments who will need special
`assistance in gaining access to the
`Commission should contact the Office
`
`of the Secretary at 202—205—2000.
`General information concerning the
`Commission may also be obtained by
`accessing its internet server (https://
`WWW.usitc.g0V). The public record for
`these reviews may be viewed on the
`Commission’s electronic docket (EDIS)
`at https://edis.usitc.gov.
`SUPPLEMENTARY INFORMATION:
`
`Background—On May 7, 2019, the
`Commission determined that the
`
`domestic interested party group
`response to its notice of institution (84
`FR 11, January 2, 2019) of the subject
`five-year reviews was adequate and that
`the respondent interested party group
`response was inadequate. The
`Commission did not find any other
`circumstances that would warrant
`
`conducting full reviews.1 Accordingly,
`the Commission determined that it
`
`would conduct expedited reviews
`pursuant to section 751(c)(3) of the
`Tariff Act of 1930 (19 U.S.C.
`1675(c)(3)).2
`For further information concerning
`the conduct of these reviews and rules
`
`of general application, consult the
`Commission’s Rules of Practice and
`
`Procedure, part 201, subparts A and B
`(19 CFR part 201), and part 207,
`subparts A, D, E, and F (19 CFR part
`207).
`Sta}?c report—A staff report
`containing information concerning the
`subject matter of the reviews will be
`
`1 A record of the Commissioners’ votes, the
`Conunission’s statement on adequacy, and any
`individual Commissioner’s statements will be
`available from the Office of the Secretary and at the
`Conunission’s website.
`2 Commissioner Meredith M. Broadbent did not
`participate.
`
`