Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 21995 

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: The 

Commission instituted this investigation 

on September 27, 2011, based on a 

complaint filed by Technical Properties 

Limited, LLC (‘‘TPL’’) of Cupertino, 

California. 76 FR 59737–38. The 

complaint alleges a violation of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain digital photo frames and image 

display devices and components thereof 

by reason of infringement of certain 

claims of U.S. Patent Nos. 6,976,623; 

7,162,549; 7,295,443; and 7,522,424. 

The complaint further alleges the 

existence of a domestic industry. The 

Commission’s notice of investigation 

named twenty respondents including 

Aiptek. The Office of Unfair Import 

Investigations was not named as a party 

to this investigation. The complaint and 

notice of investigation were served on 

Aiptek on September 22, 2011. Aiptek 

failed to respond to the complaint and 

notice of investigation. 

On November 18, 2011, the presiding 

administrative law judge (‘‘ALJ’’) issued 

an order to Aiptek to show cause why 

it should not be held in default. See 

ALJ’s Order No. 13 (November 18, 

2011). Aiptek failed to respond to the 

show cause order. The ALJ issued an 

initial determination (‘‘ID’’) on 

December 22, 2011, finding Aiptek in 

default, pursuant to 19 CFR 210.13 and 

210.16, because respondent did not 

respond to the complaint, notice of 

investigation, and the ALJ’s order to 

show cause. On January 9, 2012, the 

Commission issued notice of its 

determination not to review the ID 

finding Aiptek in default. 

On March 8, 2012, complainant TPL 

filed a declaration requesting immediate 

relief against the defaulting respondent 

Aiptek pursuant to Commission rule 

210.16(c)(1), 19 CFR 210.16(c)(1). Its 

declaration included proposed remedial 

orders for the Commission’s 

consideration. 

Section 337(g)(1) (19 U.S.C. 

1337(g)(1)) and Commission Rule 

210.16(c)(1) (19 CFR 210.16(c)(1)) 

authorize the Commission to order 

immediate limited relief against a 

respondent found in default, unless 

after consideration of the public interest 

factors, it finds that such relief should 

not issue. The Commission may (1) 

issue an order that could result in the 

exclusion of the subject articles from 

entry into the United States, and/or (2) 

issue one or more cease and desist 

orders that could result in the 

respondent being required to cease and 

desist from engaging in unfair acts in 

the importation and sale of such 

articles. Accordingly, the Commission is 

interested in 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 are either adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

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 

order 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. 

When the Commission orders some 

form of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See section 337(j), 19 U.S.C. 1337(j) and 

the 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. 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: The 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. 

Complainant is requested to state the 

dates that the patents at issue expire and 

the HTSUS numbers under which the 

accused products are imported. The 

written submissions must be filed no 

later than close of business on April 23, 

2012. Reply submissions must be filed 

no later than the close of business on 

April 30, 2012. No further submissions 

on these issues will be permitted unless 

otherwise ordered by the Commission. 

Persons filing written submissions 

must do so in accordance with 

Commission rule 210.4(f), 19 CFR 

210.4(f) which requires electronic filing. 

The original document and 8 true copies 

thereof must also be filed on or before 

the deadlines stated above with the 

Office of the Secretary. Any person 

desiring to submit a document (or 

portion thereof) to the Commission in 

confidence must request confidential 

treatment unless the information has 

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. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 

sections 210.16(c)(1) and 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16(c)(1) and 

210.50). 

Issued: April 9, 2012. 

By order of the Commission. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–8849 Filed 4–11–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 332–530] 

Trade Facilitation in the East African 

Community: Recent Developments and 

Potential Benefits, Institution of 

Investigation and Request for Written 

Statements 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of investigation and 

request for written statements. 

SUMMARY: Following receipt of a request 

on March 28, 2012, from the United 

States Trade Representative (USTR) 

under section 332(g) of the Tariff Act of 

1930 (19 U.S.C. 1332(g)), the U.S. 

International Trade Commission 

mstockstill on DSK4VPTVN1PROD with NOTICES

21996 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 

(Commission) instituted investigation 

No. 332–530, Trade Facilitation in the 

East African Community: Recent 

Developments and Potential Benefits. 

DATES:

May 10, 2012: Deadline for filing 

written submissions. 

July 2, 2012: Transmittal of 

Commission report to the USTR. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the United States 

International Trade Commission 

Building, 500 E Street SW., Washington, 

DC. All written submissions should be 

addressed to the Secretary, United 

States International Trade Commission, 

500 E Street SW., Washington, DC 

20436. The public record for this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov/edis3-internal/ 

app. 

FOR FURTHER INFORMATION CONTACT: 

Falan Yinug (202–205–2160 or 

falan.yinug@usitc.gov) for information 

specific to this investigation. For 

information on the legal aspects of this 

investigation, contact William Gearhart 

of the Commission’s Office of the 

General Counsel (202–205–3091 or 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205– 

1819 or margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

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. 

Background: As requested by the 

USTR, the Commission will conduct an 

investigation and prepare a report that 

summarizes recent developments 

relating to trade facilitation in the East 

African Community (EAC). The report 

will also describe the potential benefits 

of trade facilitation in the EAC 

countries, based on empirical studies 

and the experiences of other developing 

countries. As requested, the information 

in the report will be based principally 

on a review of the literature, and, to the 

extent the literature permits, include the 

following: 

• A description of the present 

conditions and recent developments 

relating to the movement of goods to 

and from the countries of the EAC, 

including policies enforced at the 

border and procedures for their 

enforcement, as well as transport 

infrastructure. To the extent feasible, the 

report will address elements referenced 

in U.S. trade facilitation agreements, 

such as those between the United States 

and the Philippines, the United States 

and Uruguay, and trade facilitation 

chapters in U.S. free trade agreements. 

The description will focus on 

conditions in individual EAC countries 

as well as the EAC region as a whole. 

• A summary of findings from the 

empirical literature on the benefits of 

overall trade facilitation improvements, 

such as effects on import and export 

volumes, export diversification, and 

economic development, including 

highlights of any notable findings 

specific to the EAC countries. 

• Relevant sectoral case studies 

(particularly for industries where EAC 

countries have significant AGOA 

exports) from developing countries 

within and outside sub-Saharan Africa 

that illustrate the benefits of trade 

facilitation. 

The USTR asked that the Commission 

provide its report no later than July 2, 

2012. 

Written Submissions: Because of the 

short time frame requested by the USTR, 

the Commission will not hold a public 

hearing in connection with this 

investigation. However, interested 

parties are invited to file written 

submissions concerning this 

investigation. All written submissions 

should be addressed to the Secretary, 

and should be received no later than 

5:15 p.m., May 10, 2012. All written 

submissions must conform to the 

provisions of section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

and the Commission’s Handbook on 

Filing Procedures require that interested 

parties file documents electronically on 

or before the filing deadline and submit 

eight (8) true paper copies by 12 noon 

eastern time on the next business day. 

In the event that confidential treatment 

of a document is requested, interested 

parties must file, at the same time as the 

eight paper copies, at least four (4) 

additional true paper copies in which 

the confidential information must be 

deleted (see the following paragraph for 

further information regarding 

confidential business information). 

Persons with questions regarding 

electronic filing should contact the 

Secretary (202–205–2595). 

Any submissions that contain 

confidential business information (CBI) 

must also conform to the requirements 

of section 201.6 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

In his request letter the USTR said 

that he anticipates that the 

Commission’s report will be made 

available to the public in its entirety, 

and asked that the Commission not 

include any confidential business 

information in the report it sends him. 

Accordingly, any confidential business 

information received by the 

Commission in this investigation and 

used in preparing this report will not be 

included in the report that the 

Commission sends to the USTR and will 

not be published in a manner that 

would reveal the operations of the firm 

supplying the information. 

By order of the Commission. 

Issued: April 9, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–8850 Filed 4–11–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–778] 

Certain Equipment for 

Communications Networks, Including 

Switches, Routers, Gateways, Bridges, 

Wireless Access Points, Cable 

Modems, IP Phones and Products 

Containing Same; Determination Not 

To Review an Initial Determination; 

Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 

judge’s (‘‘ALJ’’) initial determination 

(‘‘ID’’) (Order No. 47) granting a joint 

motion to terminate the investigation in 

its entirety based on a settlement 

agreement. The investigation is hereby 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Megan M. Valentine, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

708–2301. Copies of non-confidential 

mstockstill on DSK4VPTVN1PROD with NOTICES