Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 75029 

Subject Merchandise from the Subject 

Country accounted for by your firm’s(s’) 

imports; 

(b) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. commercial shipments of Subject 

Merchandise imported from the Subject 

Country; and 

(c) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers of Subject Merchandise 

imported from the Subject Country. 

(11) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in the Subject Country, 

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2022 

(report quantity data in short tons and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping duties). If you 

are a trade/business association, provide 

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 the Subject Country accounted for by 

your firm’s(s’) production; 

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

to produce the Subject Merchandise in 

the 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 the 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 

the 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 the 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. 2023–24016 Filed 10–31–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–672–673 (Fifth 

Review)] 

Silicomanganese From China 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 silicomanganese from 

China 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: 

Kenneth Gatten III (202–708–1447), 

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.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 October 31, 1994, 

the Department of Commerce 

(‘‘Commerce’’) suspended an 

antidumping duty investigation on 

imports of silicomanganese from 

Ukraine (59 FR 60951, November 29, 

1994). On December 22, 1994, 

Commerce issued an antidumping duty 

order on imports of silicomanganese 

from China (59 FR 66003). Following 

first five-year reviews by Commerce and 

the Commission, effective February 16, 

2001, Commerce issued a continuation 

of the antidumping duty order on 

imports of silicomanganese from China 

and of the suspended investigation on 

imports of silicomanganese from 

Ukraine (66 FR 10669). On July 19, 

2001, the Government of Ukraine 

requested termination of the suspension 

agreement on silicomanganese from 

Ukraine and, effective September 17, 

2001, Commerce issued an antidumping 

duty order on imports of 

silicomanganese from Ukraine (66 FR 

43838, August 21, 2001). Commerce 

issued a continuation of the 

antidumping duty orders on imports of 

silicomanganese from China and 

Ukraine following Commerce’s and the 

Commission’s second five-year reviews, 

effective September 14, 2006 (71 FR 

54272), third five-year reviews, effective 

November 8, 2012 (77 FR 66956), and 

fourth five-year reviews, effective 

December 12, 2018 (83 FR 63830). The 

Commission is now conducting fifth 

reviews pursuant to section 751(c) of the 

Act, as amended (19 U.S.C. 1675(c)), to 

determine whether revocation of the 

orders would be likely to lead to 

continuation or recurrence of material 

injury to the domestic industry within 

a reasonably foreseeable time. 

Provisions concerning the conduct of 

this proceeding may be found in the 

Commission’s Rules of Practice and 

Procedure at 19 CFR part 201, subparts 

A and B, and 19 CFR part 207, subparts 


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A and F. The Commission will assess 

the adequacy of interested party 

responses to this notice of institution to 

determine whether to conduct full or 

expedited reviews. The Commission’s 

determinations in any expedited 

reviews will be based on the facts 

available, which may include 

information provided in response to this 

notice. 

Definitions.—The following 

definitions apply to these reviews: 

(1) Subject Merchandise is the class or 

kind of merchandise that is within the 

scope of the five-year reviews, as 

defined by Commerce. 

(2) The Subject Countries in these 

reviews are China and Ukraine. 

(3) The Domestic Like Product is the 

domestically produced product or 

products which are like, or in the 

absence of like, most similar in 

characteristics and uses with, the 

Subject Merchandise. In its original 

determinations, its full first five-year 

review determinations, its expedited 

second five-year review determinations, 

and its full third and fourth five-year 

review determinations, the Commission 

defined the Domestic Like Product as all 

silicomanganese, coextensive with 

Commerce’s scope. 

(4) The Domestic Industry is the U.S. 

producers as a whole of the Domestic 

Like Product, or those producers whose 

collective output of the Domestic Like 

Product constitutes a major proportion 

of the total domestic production of the 

product. In its original determinations, 

its full first five-year review 

determinations, its expedited second 

five-year review determinations, and its 

full third and fourth five-year review 

determinations, the Commission 

defined the Domestic Industry as all 

domestic producers of silicomanganese. 

(5) An Importer is any person or firm 

engaged, either directly or through a 

parent company or subsidiary, in 

importing the Subject Merchandise into 

the United States from a foreign 

manufacturer or through its selling 

agent. 

Participation in the proceeding and 

public service list.—Persons, including 

industrial users of the Subject 

Merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the proceeding as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in § 201.11(b)(4) of the 

Commission’s rules, no later than 21 

days after publication of this notice in 

the Federal Register. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the proceeding. 

Former Commission employees who 

are seeking to appear in Commission 

five-year reviews are advised that they 

may appear in a review even if they 

participated personally and 

substantially in the corresponding 

underlying original investigation or an 

earlier review of the same underlying 

investigation. The Commission’s 

designated agency ethics official has 

advised that a five-year review is not the 

same particular matter as the underlying 

original investigation, and a five-year 

review is not the same particular matter 

as an earlier review of the same 

underlying investigation for purposes of 

18 U.S.C. 207, the post-employment 

statute for Federal employees, and 

Commission rule 201.15(b) (19 CFR 

201.15(b)), 79 FR 3246 (Jan. 17, 2014), 

73 FR 24609 (May 5, 2008). 

Consequently, former employees are not 

required to seek Commission approval 

to appear in a review under Commission 

rule 19 CFR 201.15, even if the 

corresponding underlying original 

investigation or an earlier review of the 

same underlying investigation was 

pending when they were Commission 

employees. For further ethics advice on 

this matter, contact Charles Smith, 

Office of the General Counsel, at 202– 

205–3408. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and APO service list.—Pursuant to 

§ 207.7(a) of the Commission’s rules, the 

Secretary will make BPI submitted in 

this proceeding available to authorized 

applicants under the APO issued in the 

proceeding, provided that the 

application is made no later than 21 

days after publication of this notice in 

the Federal Register. Authorized 

applicants must represent interested 

parties, as defined in 19 U.S.C. 1677(9), 

who are parties to the proceeding. A 

separate service list will be maintained 

by the Secretary for those parties 

authorized to receive BPI under the 

APO. 

Certification.—Pursuant to § 207.3 of 

the Commission’s rules, any person 

submitting information to the 

Commission in connection with this 

proceeding must certify that the 

information is accurate and complete to 

the best of the submitter’s knowledge. In 

making the certification, the submitter 

will acknowledge that information 

submitted in response to this request for 

information and throughout this 

proceeding or other proceeding 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, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. 

Written submissions.—Pursuant to 

§ 207.61 of the Commission’s rules, each 

interested party response to this notice 

must provide the information specified 

below. The deadline for filing such 

responses is 5:15 p.m. on December 1, 

2023. Pursuant to § 207.62(b) of the 

Commission’s rules, eligible parties (as 

specified in Commission rule 

207.62(b)(1)) may also file comments 

concerning the adequacy of responses to 

the notice of institution and whether the 

Commission should conduct expedited 

or full reviews. The deadline for filing 

such comments is 5:15 p.m. on January 

11, 2024. All written submissions must 

conform with the provisions of § 201.8 

of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

§§ 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

Handbook on Filing Procedures, 

available on the Commission’s website 

at https://www.usitc.gov/documents/ 

handbook_on_filing_procedures.pdf, 

elaborates upon the Commission’s 

procedures with respect to filings. Also, 

in accordance with §§ 201.16(c) and 

207.3 of the Commission’s rules, each 

document filed by a party to the 

proceeding must be served on all other 

parties to the proceeding (as identified 

by either the public or APO service list 

as appropriate), and a certificate of 

service must accompany the document 

(if you are not a party to the proceeding 

you do not need to serve your response). 

Please note the Secretary’s Office will 

accept only electronic filings at this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. 

No response to this request for 

information is required if a currently 

valid Office of Management and Budget 

(‘‘OMB’’) number is not displayed; the 

OMB number is 3117 0016/USITC No. 

23–5–583, expiration date June 30, 

2026. Public reporting burden for the 

request is estimated to average 15 hours 

per response. Please send comments 

regarding the accuracy of this burden 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 75031 

estimate to the Office of Investigations, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436. 

Inability to provide requested 

information.—Pursuant to § 207.61(c) of 

the Commission’s rules, any interested 

party that cannot furnish the 

information requested by this notice in 

the requested form and manner shall 

notify the Commission at the earliest 

possible time, provide a full explanation 

of why it cannot provide the requested 

information, and indicate alternative 

forms in which it can provide 

equivalent information. If an interested 

party does not provide this notification 

(or the Commission finds the 

explanation provided in the notification 

inadequate) and fails to provide a 

complete response to this notice, the 

Commission may take an adverse 

inference against the party pursuant to 

§ 776(b) of the Act (19 U.S.C. 1677e(b)) 

in making its determinations in the 

reviews. 

Information to be Provided in 

Response to this Notice of Institution: If 

you are a domestic producer, union/ 

worker group, or trade/business 

association; import/export Subject 

Merchandise from more than one 

Subject Country; or produce Subject 

Merchandise in more than one Subject 

Country, you may file a single response. 

If you do so, please ensure that your 

response to each question includes the 

information requested for each pertinent 

Subject Country. As used below, the 

term ‘‘firm’’ includes any related firms. 

Those responding to this notice of 

institution are encouraged, but not 

required, to visit the USITC’s website at 

https://usitc.gov/reports/response_noi_

worksheet, where one can download 

and complete the ‘‘NOI worksheet’’ 

Excel form for the subject proceeding, to 

be included as attachment/exhibit 1 of 

your overall response. 

(1) The name and address of your firm 

or entity (including World Wide Web 

address) and name, telephone number, 

fax number, and Email address of the 

certifying official. 

(2) A statement indicating whether 

your firm/entity is an interested party 

under 19 U.S.C. 1677(9) and if so, how, 

including whether your firm/entity is a 

U.S. producer of the Domestic Like 

Product, a U.S. union or worker group, 

a U.S. importer of the Subject 

Merchandise, a foreign producer or 

exporter of the Subject Merchandise, a 

U.S. or foreign trade or business 

association (a majority of whose 

members are interested parties under 

the statute), or another interested party 

(including an explanation). If you are a 

union/worker group or trade/business 

association, identify the firms in which 

your workers are employed or which are 

members of your association. 

(3) A statement indicating whether 

your firm/entity is willing to participate 

in this proceeding by providing 

information requested by the 

Commission. 

(4) A statement of the likely effects of 

the revocation of the antidumping duty 

orders on the Domestic Industry in 

general and/or your firm/entity 

specifically. In your response, please 

discuss the various factors specified in 

section 752(a) of the Act (19 U.S.C. 

1675a(a)) including the likely volume of 

subject imports, likely price effects of 

subject imports, and likely impact of 

imports of Subject Merchandise on the 

Domestic Industry. 

(5) A list of all known and currently 

operating U.S. producers of the 

Domestic Like Product. Identify any 

known related parties and the nature of 

the relationship as defined in 

§ 771(4)(B) of the Act (19 U.S.C. 

1677(4)(B)). 

(6) A list of all known and currently 

operating U.S. importers of the Subject 

Merchandise and producers of the 

Subject Merchandise in each Subject 

Country that currently export or have 

exported Subject Merchandise to the 

United States or other countries after 

2017. 

(7) A list of 3–5 leading purchasers in 

the U.S. market for the Domestic Like 

Product and the Subject Merchandise 

(including street address, World Wide 

Web address, and the name, telephone 

number, fax number, and Email address 

of a responsible official at each firm). 

(8) A list of known sources of 

information on national or regional 

prices for the Domestic Like Product or 

the Subject Merchandise in the U.S. or 

other markets. 

(9) If you are a U.S. producer of the 

Domestic Like Product, provide the 

following information on your firm’s 

operations on that product during 

calendar year 2022, except as noted 

(report quantity data in short tons and 

value data in U.S. dollars, f.o.b. plant). 

If you are a union/worker group or 

trade/business association, provide the 

information, on an aggregate basis, for 

the firms in which your workers are 

employed/which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total U.S. production of the Domestic 

Like Product accounted for by your 

firm’s(s’) production; 

(b) Capacity (quantity) of your firm to 

produce the Domestic Like Product (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); 

(c) the quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); 

(d) the quantity and value of U.S. 

internal consumption/company 

transfers of the Domestic Like Product 

produced in your U.S. plant(s); and 

(e) the value of (i) net sales, (ii) cost 

of goods sold (COGS), (iii) gross profit, 

(iv) selling, general and administrative 

(SG&A) expenses, and (v) operating 

income of the Domestic Like Product 

produced in your U.S. plant(s) (include 

both U.S. and export commercial sales, 

internal consumption, and company 

transfers) for your most recently 

completed fiscal year (identify the date 

on which your fiscal year ends). 

(10) If you are a U.S. importer or a 

trade/business association of U.S. 

importers of the Subject Merchandise 

from any Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2022 (report quantity data 

in short tons and value data in U.S. 

dollars). If you are a trade/business 

association, provide the information, on 

an aggregate basis, for the firms which 

are members of your association. 

(a) The quantity and value (landed, 

duty-paid but not including 

antidumping duties) of U.S. imports 

and, if known, an estimate of the 

percentage of total U.S. imports of 

Subject Merchandise from each Subject 

Country accounted for by your firm’s(s’) 

imports; 

(b) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. commercial shipments of Subject 

Merchandise imported from each 

Subject Country; and 

(c) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers of Subject Merchandise 

imported from each Subject Country. 

(11) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in any Subject Country, 

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2022 

(report quantity data in short tons and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping duties). If you 

are a trade/business association, provide 


ddrumheller on DSK120RN23PROD with NOTICES1
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 


ddrumheller on DSK120RN23PROD with NOTICES1