Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
`
`3021
`
`INTERNATIONAL TRADE
`COMMISSION
`[Investigation Nos. 701–TA–590 and 731–
`TA–1397–98 (Preliminary)]
`
`Sodium Gluconate, Gluconic Acid, and
`Derivative Products From China and
`France
`
`Determinations
`On the basis of the record 1 developed
`in the subject investigations, the United
`States International Trade Commission
`(‘‘Commission’’) determines, pursuant
`to the Tariff Act of 1930 (‘‘the Act’’),
`that there is a reasonable indication that
`an industry in the United States is
`threatened with material injury by
`reason of imports of sodium gluconate,
`gluconic acid, and derivative products
`from China, provided for in subheadings
`2918.16.10, 2918.16.50 and 2932.20.50
`of the Harmonized Tariff Schedule of
`the United States, that are alleged to be
`sold in the United States at less than fair
`value (‘‘LTFV’’) and to be subsidized by
`the government of China. The
`Commission further determines that
`there is no reasonable indication that an
`industry in the United States is
`materially injured or threatened with
`material injury by reason of imports of
`sodium gluconate, gluconic acid, and
`derivative products from France that are
`alleged to be sold in the United States
`at LTFV.2
`Commencement of Final Phase
`Investigations
`Pursuant to section 207.18 of the
`Commission’s rules, the Commission
`also gives notice of the commencement
`of the final phase of its investigations.
`The Commission will issue a final phase
`notice of scheduling, which will be
`published in the Federal Register as
`provided in section 207.21 of the
`Commission’s rules, upon notice from
`the Department of Commerce
`(‘‘Commerce’’) of affirmative
`preliminary determinations in the
`investigations under sections 703(b) or
`733(b) of the Act, or, if the preliminary
`determinations are negative, upon
`notice of affirmative final
`determinations in those investigations
`under sections 705(a) or 735(a) of the
`Act. Parties that filed entries of
`appearance in the preliminary phase of
`the investigations need not enter a
`separate appearance for the final phase
`
`1 The record is defined in sec. 207.2(f) of the
`Commission’s Rules of Practice and Procedure (19
`CFR 207.2(f)).
`2 Chairman Rhonda K. Schmidtlein dissenting.
`Chairman Schmidtlein determines that there is a
`reasonable indication that an industry in the United
`States is materially injured by reason of imports of
`the subject product from China and France.
`
`of the investigations. Industrial users,
`and, if the merchandise under
`investigation is sold at the retail level,
`representative consumer organizations
`have the right to appear as parties in
`Commission antidumping and
`countervailing duty investigations. The
`Secretary will prepare a public service
`list containing the names and addresses
`of all persons, or their representatives,
`who are parties to the investigations.
`Background
`
`On November 30, 2017, PMP
`Fermentation Products, Inc., Peoria,
`Illinois, filed a petition with the
`Commission and Commerce, alleging
`that an industry in the United States is
`materially injured or threatened with
`material injury by reason of LTFV and
`subsidized imports of sodium gluconate,
`gluconic acid, and derivative products
`from China and LTFV imports of
`sodium gluconate, gluconic acid, and
`derivative products from France.
`Accordingly, effective November 30,
`2017, the Commission, pursuant to
`sections 703(a) and 733(a) of the Act (19
`U.S.C. 1671b(a) and 1673b(a)), instituted
`countervailing duty investigation No.
`701–TA–590 and antidumping duty
`investigation Nos. 731–TA–1397–98
`(Preliminary).
`Notice of the institution of the
`Commission’s investigations and of a
`public conference to be held in
`connection therewith was given by
`posting copies of the notice in the Office
`of the Secretary, U.S. International
`Trade Commission, Washington, DC,
`and by publishing the notice in the
`Federal Register of December 6, 2017
`(82 FR 57614). The conference was held
`in Washington, DC, on December 21,
`2017, and all persons who requested the
`opportunity were permitted to appear in
`person or by counsel.
`The Commission made these
`determinations pursuant to sections
`703(a) and 733(a) of the Act (19 U.S.C.
`1671b(a) and 1673b(a)). It completed
`and filed its determinations in these
`investigations on January 16, 2018. The
`views of the Commission are contained
`in USITC Publication 4756 (January
`2018), entitled Sodium Gluconate,
`Gluconic Acid, and Derivative Products
`from China and France: Investigation
`Nos. 701 TA–590 and 731–TA–1397–98
`(Preliminary).
`By order of the Commission.
`Issued: January 16, 2018.
`Lisa R. Barton,
`Secretary to the Commission.
`[FR Doc. 2018–00984 Filed 1–19–18; 8:45 am]
`
`BILLING CODE 7020–02–P
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337–TA–1094]
`
`Certain IoT Devices and Components
`Thereof (IoT, the Internet of Things)—
`Web Applications Displayed on a Web
`Browser; Institution of Investigation
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that a
`complaint was filed with the U.S.
`International Trade Commission on
`October 3, 2017, under section 337 of
`the Tariff Act of 1930, as amended, on
`behalf of Lakshmi Arunachalam, Ph.D.
`of Menlo Park, California. Supplements
`were filed on October 24, October 30,
`and November 3, 2017. On November 7,
`2017, an amended complaint was filed
`with the U.S. International Trade
`Commission under section 337 of the
`Tariff Act of 1930, as amended, on
`behalf of Lakshmi Arunachalam, Ph.D.
`and WebXchange, Inc., both of Menlo
`Park, California. Supplements were filed
`on November 7, 13, and December 21,
`2017. On December 6, 2017, the
`Commission postponed the vote on
`whether to institute an investigation
`based on the amended complaint to
`January 9, 2017. The amended
`complaint alleges violations of section
`337 based upon the importation into the
`United States, the sale for importation,
`and the sale within the United States
`after importation of certain IOT devices
`and components thereof (IOT, the
`Internet of Things)—web applications
`displayed on a web browser by reason
`of infringement of certain claims of U.S.
`Patent No. 7,930,340 (‘‘the ’340 patent’’),
`and that an industry in the United
`States exists as required by the
`applicable Federal Statute. The
`amended complaint further alleges
`unfair methods of competition and
`unfair acts (criminal and civil RICO
`violations, breach of contract, theft of
`intellectual property, antitrust
`violations, and trade secret
`misappropriation), the threat or effect of
`which is to destroy or substantially
`injure an industry in the United States.
`The complainant requests that the
`Commission institute an investigation
`and, after the investigation, issue a
`limited exclusion order and cease and
`desist orders.
`ADDRESSES: The amended complaint,
`except for any confidential information
`contained therein, is available for
`inspection during official business
`hours (8:45 a.m. to 5:15 p.m.) in the
`Office of the Secretary, U.S.
`
`VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM 22JAN1
`
`ethrower on DSK3G9T082PROD with NOTICES
`
`

`

`3022
`
`Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
`
`International Trade Commission, 500 E
`Street SW, Room 112, Washington, DC
`20436, telephone (202) 205–2000.
`Hearing impaired individuals are
`advised that information on this matter
`can be obtained 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 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.
`FOR FURTHER INFORMATION CONTACT:
`Pathenia M. Proctor, The Office of
`Unfair Import Investigations, U.S.
`International Trade Commission,
`telephone (202) 205–2560.
`SUPPLEMENTARY INFORMATION: Authority:
`The authority for institution of this
`investigation is contained in section 337
`of the Tariff Act of 1930, as amended,
`19 U.S.C. 1337 and in section 210.10 of
`the Commission’s Rules of Practice and
`Procedure, 19 CFR 210.10 (2018).
`Scope of Investigation: Having
`considered the complaint, the U.S.
`International Trade Commission, on
`January 12, 2018, Ordered That—
`(1) Pursuant to subsection (b) of
`section 337 of the Tariff Act of 1930, as
`amended, an investigation be instituted
`to determine whether there is a
`violation of subsection (a)(1)(B) of
`section 337 in the importation into the
`United States, the sale for importation,
`or the sale within the United States after
`importation of certain IoT devices and
`components thereof (IoT, the Internet of
`Things)—web applications displayed on
`a web browser by reason of infringement
`of one or more of claims 1–40 of the
`’340 patent; and whether an industry in
`the United States exists as required by
`subsection (a)(2) of section 337;
`(2) Pursuant to Commission Rule
`210.50(b)(1), 19 CFR 210.50(b)(1), the
`presiding Administrative Law Judge
`shall take evidence or other information
`and hear arguments from the parties or
`other interested persons with respect to
`the public interest in his investigation,
`as appropriate, and provide the
`Commission with findings of fact and a
`recommended determination on this
`issue, which shall be limited to the
`statutory public interest factors set forth
`in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
`(3) Notwithstanding any Commission
`Rules that would otherwise apply, the
`presiding Administrative Law Judge
`shall hold an early evidentiary hearing,
`
`find facts, and issue an early decision,
`as to whether the complainant has
`satisfied the domestic industry
`requirement. Any such decision shall be
`in the form of an initial determination
`(ID). Petitions for review of such an ID
`shall be due five calendar days after
`service of the ID; any replies shall be
`due three business days after service of
`a petition. The ID will become the
`Commission’s final determination 30
`days after the date of service of the ID
`unless the Commission determines to
`review the ID. Any such review will be
`conducted in accordance with
`Commission Rules 210.43, 210.44, and
`210.45, 19 CFR 210.43, 210.44, and
`210.45. The Commission expects the
`issuance of an early ID relating to the
`domestic industry requirement within
`100 days of institution, except that the
`presiding ALJ may grant a limited
`extension of the ID for good cause
`shown. The issuance of an early ID
`finding that complainants do not satisfy
`the domestic industry requirement shall
`stay the investigation unless the
`Commission orders otherwise; any other
`decision shall not stay the investigation
`or delay the issuance of a final ID
`covering the other issues of the
`investigation.
`(4) For the purpose of the
`investigation so instituted, the following
`are hereby named as parties upon which
`this notice of investigation shall be
`served:
`(a) The complainants are:
`Lakshmi-Arunachalam, Ph.D., 222
`Stanford Avenue, Menlo Park, CA
`94025
`WebXchange, Inc., 222 Stanford
`Avenue, Menlo Park, CA 94025
`(b) The respondents are the following
`entities alleged to be in violation of
`section 337, and are the parties upon
`which the complaint is to be served:
`Apple Inc., 1 Infinite Loop, Cupertino,
`California 95014
`Facebook, Inc., 1 Hacker Way, Menlo
`Park, CA 94025
`Samsung Electronics America, Inc., 85
`Challenger Road, Ridgefield Park, NJ
`Samsung Electronics Co., Ltd., 129,
`Samsung-ro, Yeongtong-gu, Suwon-si,
`Gyeonggi-do, Korea; Headquarters:
`40th floor Samsung Electronics,
`Building, 11, Seocho-daero 74-gil,
`Seocho District, Seoul, South Korea
`(c) The Office of Unfair Import
`Investigations, U.S. International Trade
`Commission, 500 E Street SW, Suite
`401, Washington, DC 20436; and
`(5) For the investigation so instituted,
`the Chief Administrative Law Judge,
`U.S. International Trade Commission,
`shall designate the presiding
`Administrative Law Judge.
`
`Responses to the complaint and the
`notice of investigation must be
`submitted by the named respondents in
`accordance with section 210.13 of the
`Commission’s Rules of Practice and
`Procedure, 19 CFR 210.13. Pursuant to
`19 CFR 201.16(e) and 210.13(a), such
`responses will be considered by the
`Commission if received not later than 20
`days after the date of service by the
`Commission of the complaint and the
`notice of investigation. Extensions of
`time for submitting responses to the
`complaint and the notice of
`investigation will not be granted unless
`good cause therefor is shown.
`Failure of a respondent to file a timely
`response to each allegation in the
`complaint and in this notice may be
`deemed to constitute a waiver of the
`right to appear and contest the
`allegations of the complaint and this
`notice, and to authorize the
`administrative law judge and the
`Commission, without further notice to
`the respondent, to find the facts to be as
`alleged in the complaint and this notice
`and to enter an initial determination
`and a final determination containing
`such findings, and may result in the
`issuance of an exclusion order or a cease
`and desist order or both directed against
`the respondent.
`By order of the Commission.
`Issued: January 17, 2018.
`Lisa R. Barton,
`Secretary to the Commission.
`[FR Doc. 2018–01035 Filed 1–19–18; 8:45 am]
`BILLING CODE P
`
`INTERNATIONAL TRADE
`COMMISSION
`[Investigation No. 337–TA–1095]
`
`Certain Load Supporting Systems,
`Including Composite Mat Systems, and
`Components Thereof; Institution of
`Investigation
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that a
`complaint was filed with the U.S.
`International Trade Commission on
`December 15, 2017, under section 337 of
`the Tariff Act of 1930, as amended, on
`behalf of Newpark Mats & Integrated
`Services LLC of The Woodlands, Texas.
`The complaint alleges violations of
`section 337 based upon the importation
`into the United States, the sale for
`importation, and the sale within the
`United States after importation of
`certain load supporting systems,
`including composite mat systems, and
`
`VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM 22JAN1
`
`ethrower on DSK3G9T082PROD with NOTICES
`
`