[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38177-38178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16651]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1063]


Certain X-Ray Breast Imaging Devices and Components Thereof 
Notice of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a Recommended Determination on Remedy and 
Bond in the above-captioned investigation. The Commission is soliciting 
comments on public interest issues raised by the recommended relief. 
The ALJ recommended, should the Commission find a violation of section 
337, that the Commission issue a limited exclusion order prohibiting 
the entry of certain x-ray breast imaging devices and components 
thereof manufactured abroad by or on behalf of Respondents FUJIFILM 
Corporation of Tokyo, Japan; FUJIFILM Medical Systems USA, Inc. of 
Stamford, Connecticut; and FUJIFILM Techno Products Co., Ltd. of 
Hanamaki-Shi Iwate, Japan, that infringe certain claims of U.S. Patent 
Nos. 7,831,296; 8,452,379; 7,688,940; and 7,123,684. The ALJ also 
recommend that a cease and desist order be issued. The ALJ recommend 
that the issuing orders include exceptions relating to support, 
servicing and repair and that the limited exclusion order include an 
exception for government use, as well as a certification provision. 
This notice is soliciting public interest comments from the public 
only. Parties are to file public interest submissions pursuant to 
Commission rules.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

    unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

    19 U.S.C. 1337(d)(1). A similar provision applies to cease and 
desist orders. 19 U.S.C. 1337(f)(1).
    The Commission is interested in further development of the record 
on the public interest in these investigations. Accordingly, parties 
are to file public interest submissions pursuant to 19 CFR 
210.50(a)(4). In addition, members of the public are invited to file 
submissions of no more than five (5) pages, inclusive of attachments, 
concerning the public interest in light of the ALJ's Recommended 
Determination on Remedy and Bond issued in this investigation on July 
26, 2018. Comments should address whether issuance of remedial orders 
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 recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;

[[Page 38178]]

    (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 recommended exclusion order and/or 
cease and desist orders within a commercially reasonable time; and
    (v) explain how the recommended exclusion order and/or cease and 
desist orders would impact consumers in the United States.
    Written submissions must be filed no later than by close of 
business on September 6, 2018.
    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 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. 1063'') in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary ((202) 205-2000).
    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, solely for cybersecurity 
purposes (all contract personnel will sign appropriate nondisclosure 
agreements). All nonconfidential written submissions will be available 
for public inspection at the Office of the Secretary and on EDIS.
    This action is taken under the authority of 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: July 31, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16651 Filed 8-2-18; 8:45 am]
 BILLING CODE 7020-02-P