75032 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 

the information, on an aggregate basis, 

for the firms which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total production of Subject Merchandise 

in each Subject Country accounted for 

by your firm’s(s’) production; 

(b) Capacity (quantity) of your firm(s) 

to produce the Subject Merchandise in 

each Subject Country (that is, the level 

of production that your establishment(s) 

could reasonably have expected to 

attain during the year, assuming normal 

operating conditions (using equipment 

and machinery in place and ready to 

operate), normal operating levels (hours 

per week/weeks per year), time for 

downtime, maintenance, repair, and 

cleanup, and a typical or representative 

product mix); and 

(c) the quantity and value of your 

firm’s(s’) exports to the United States of 

Subject Merchandise and, if known, an 

estimate of the percentage of total 

exports to the United States of Subject 

Merchandise from each Subject Country 

accounted for by your firm’s(s’) exports. 

(12) Identify significant changes, if 

any, in the supply and demand 

conditions or business cycle for the 

Domestic Like Product that have 

occurred in the United States or in the 

market for the Subject Merchandise in 

each Subject Country after 2017, and 

significant changes, if any, that are 

likely to occur within a reasonably 

foreseeable time. Supply conditions to 

consider include technology; 

production methods; development 

efforts; ability to increase production 

(including the shift of production 

facilities used for other products and the 

use, cost, or availability of major inputs 

into production); and factors related to 

the ability to shift supply among 

different national markets (including 

barriers to importation in foreign 

markets or changes in market demand 

abroad). Demand conditions to consider 

include end uses and applications; the 

existence and availability of substitute 

products; and the level of competition 

among the Domestic Like Product 

produced in the United States, Subject 

Merchandise produced in each Subject 

Country, and such merchandise from 

other countries. 

(13) (OPTIONAL) A statement of 

whether you agree with the above 

definitions of the Domestic Like Product 

and Domestic Industry; if you disagree 

with either or both of these definitions, 

please explain why and provide 

alternative definitions. 

Authority: This proceeding is being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to § 207.61 of the 

Commission’s rules. 

By order of the Commission. 

Issued: October 26, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–24018 Filed 10–31–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1276] 

Certain Light-Based Physiological 

Measurement Devices and 

Components Thereof; Notice of the 

Commission’s Final Determination 

Finding a Violation of Section 337; 

Issuance of a Limited Exclusion Order 

and a Cease and Desist Order; 

Termination of the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has found a violation of 

section 337 in the above-captioned 

investigation. The Commission has 

determined to issue: a limited exclusion 

order (‘‘LEO’’) prohibiting the 

unlicensed entry of infringing wearable 

electronic devices with light-based 

pulse oximetry functionality and 

components thereof covered by certain 

claims of U.S. Patent Nos. 10,912,502 or 

10,945,648 that are manufactured by or 

on behalf of, or imported by or on behalf 

of, respondent Apple, Inc. (‘‘Apple’’) or 

any of its affiliated companies, parents, 

subsidiaries, or other related business 

entities, or its successors or assigns; and 

a cease and desist order (‘‘CDO’’) 

directed against Apple and any of its 

affiliated companies, parents, 

subsidiaries, or other related business 

entities, or its successors or assigns. 

This investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Ronald A. Traud, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3427. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.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 August 18, 2021, based on a 

complaint filed on behalf of Masimo 

Corporation and Cercacor Laboratories, 

Inc., both of Irvine, CA (collectively, 

‘‘Complainants’’). 86 FR 46275 (Aug. 18, 

2021). The complaint, as amended, 

alleged violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337, based upon the importation 

into the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain light-based physiological 

measurement devices and components 

thereof by reason of infringement of 

certain claims of U.S. Patent No. 

10,912,501 (‘‘the ’501 patent’’); U.S. 

Patent No. 10,912,502 (‘‘the ’502 

patent’’); U.S. Patent No. 10,945,648 

(‘‘the ’648 patent’’); U.S. Patent No. 

10,687,745 (‘‘the ’745 patent’’); and U.S. 

Patent No. 7,761,127 (‘‘the ’127 patent’’). 

Id. The amended complaint further 

alleged that an industry in the United 

States exists and/or is in the process of 

being established as required by section 

337. Id. The notice of investigation 

named Apple of Cupertino, California as 

the sole respondent. Id. at 46276. The 

Office of Unfair Import Investigations is 

not participating in this investigation. 

Id. 

Complainants previously withdrew 

certain asserted claims pursuant to 

Order No. 25 (Mar. 23, 2022), 

unreviewed by Comm’n Notice (Apr. 12, 

2022), and Order No. 33 (May 20, 2022), 

unreviewed by Comm’n Notice (June 10, 

2022). Only claim 12 of the ’501 patent, 

claims 22 and 28 of the ’502 patent, 

claims 12, 24, and 30 of the ’648 patent, 

claims 9, 18, and 27 of the ’745 patent, 

and claim 9 of the ’127 patent remain in 

the investigation. Claim 18 of the ’745 

patent is still at issue for purposes of the 

domestic industry only. 

On January 10, 2023, the presiding 

administrative law judge (‘‘ALJ’’) issued 

the final initial determination (‘‘Final 

ID’’), which found that Apple violated 

section 337 as to claims 24 and 30 of the 

’648 patent, but not as to claim 12 of the 

’501 patent, claims 22 and 28 of the ’502 

patent, claim 12 of the ’648 patent, 

claims 9 and 27 of the ’745 patent, and 

claim 9 of the ’127 patent. See Final ID 

at 335–36. On January 24, 2023, the ALJ 

issued a Recommended Determination 

on remedy and bonding (‘‘RD’’) should 

a violation be found in the abovecaptioned investigation. The RD 

recommended that, if the Commission 

finds a violation, it should issue an LEO 


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Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 75033 

directed to certain wearable electronic 

devices with light-based pulse oximetry 

functionality and components thereof 

that are imported, sold for importation, 

and/or sold after importation by Apple; 

and a CDO directed to Apple. RD at 2, 

5. The RD additionally recommended 

that the Commission set a zero percent 

(0%) bond (i.e., no bond) during the 

sixty-day period of Presidential review. 

Id. at 6. In its notice instituting this 

investigation, the Commission did not 

instruct the ALJ to make findings and 

recommendations concerning the public 

interest. See 86 FR at 46275–76. 

On January 23, 2023, Complainants 

and Apple each filed a petition for 

review. On January 31, 2023, 

Complainants and Apple each filed 

responses to the other party’s petitions. 

On February 23, 2023, the parties 

filed their public interest statements 

pursuant to 19 CFR 210.50(a)(4). The 

Commission received numerous 

comments on the public interest from 

non-parties. 

On May 15, 2023, after considering 

the parties’ petitions and responses 

thereto, the Commission determined to 

review the Final ID in part. See 88 FR 

32243, 32243–46 (May 19, 2023). In 

particular, the Commission determined 

to review the following findings of the 

Final ID: 

(1) the domestic industry with regard 

to the ’501 patent, the ’502 patent, the 

’648 patent, and the ’745 patent; 

(2) obviousness with regard to the 

’501 patent, the ’502 patent, the ’648 

patent, and the ’745 patent; 

(3) written description with regard to 

claim 28 of the ’502 patent and claim 12 

of the ’648 patent; 

(4) claim construction and 

infringement with regard to the ’745 

patent; and 

(5) subject matter jurisdiction. 

Id. The Commission requested 

briefing on certain issues under review 

and on remedy, the public interest, and 

bonding. See id. 

On June 5, 2023, the parties filed their 

written submissions on the issues under 

review and on remedy, public interest, 

and bonding, and on June 12, 2023, the 

parties filed their reply submissions. 

The Commission also received 

numerous comments on the public 

interest from non-parties. 

Having reviewed the record in this 

investigation, including the written 

submissions of the parties, the 

Commission affirms with modifications 

the Final ID’s domestic industry 

findings (both economic and technical 

prong) as to the ’501, ’502, ’648, and 

’745 patents. The Commission 

additionally affirms with modifications 

the Final ID’s conclusion that the 

asserted claims of the ’501 patent are 

obvious, but the asserted claims of the 

’502, ’648, and ’745 patents are not 

obvious. The Commission has 

determined to reverse the Final ID’s 

finding that Apple proved by clear and 

convincing evidence that claim 28 of the 

’502 patent and claim 12 of the ’648 

patent are invalid for lack of written 

description. Furthermore, the 

Commission affirms the Final ID’s claim 

construction related to the recited term 

‘‘first shape’’ and the related conclusion 

that the Accused Products do not satisfy 

elements [1B] and [20B] of the ’745 

patent. The Commission additionally 

vacates the Final ID’s finding that the 

Commission has subject matter 

jurisdiction over the investigation and 

instead finds that the Commission has 

statutory authority over the 

investigation. The Commission affirms 

the remainder of the Final ID that is not 

inconsistent with the Commission’s 

opinion issued concurrently herewith. 

As a result, the Commission finds that 

Apple has violated section 337 as to 

claims 22 and 28 of the ’502 patent and 

claims 12, 24, and 30 of the ’648 patent. 

The Commission has determined that 

the appropriate form of relief is an LEO 

prohibiting (1) the unlicensed entry of 

infringing wearable electronic devices 

with light-based pulse oximetry 

functionality and components thereof 

manufactured by or on behalf of Apple 

or any of its affiliated companies, 

parents, subsidiaries, or other related 

business entities, or its successors or 

assigns. The Commission has also 

determined to issue a CDO against 

Apple. The Commission has determined 

to include an exemption to the remedial 

orders for service or repair or, under 

warranty terms, replacement of products 

purchased prior to the end of the period 

of Presidential review. 

The Commission has further 

determined that the public interest 

factors enumerated in subsections (d)(l) 

and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do 

not preclude issuance of the abovereferenced remedial orders. 

Additionally, the Commission has 

determined to impose a bond of zero 

(0%) (i.e., no bond) of entered value of 

the covered products during the period 

of Presidential review (19 U.S.C. 

1337(j)). This investigation is 

terminated. 

The Commission vote for this 

determination took place on October 26, 

2023. 

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: October 26, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–24071 Filed 10–31–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–873–875, 878– 

880, and 882 (Fourth Review)] 

Steel Concrete Reinforcing Bar From 

Belarus, China, Indonesia, Latvia, 

Moldova, Poland, and Ukraine; 

Institution of Five-Year Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice that it has instituted reviews 

pursuant to the Tariff Act of 1930 (‘‘the 

Act’’), as amended, to determine 

whether revocation of the antidumping 

duty orders on steel concrete reinforcing 

bar from Belarus, China, Indonesia, 

Latvia, Moldova, Poland, and Ukraine 

would be likely to lead to continuation 

or recurrence of material injury. 

Pursuant to the Act, interested parties 

are requested to respond to this notice 

by submitting the information specified 

below to the Commission. 

DATES: Instituted November 1, 2023. To 

be assured of consideration, the 

deadline for responses is December 1, 

2023. Comments on the adequacy of 

responses may be filed with the 

Commission by January 11, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Jones (202–205–3358), Office 

of Investigations, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired 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.gov). The public record for 

this proceeding may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On September 7, 2001, 

the Department of Commerce 

(‘‘Commerce’’) issued antidumping duty 


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