Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Notices 1663 

Brief Description of Collection: 

Submission of this information is 

required for Indian tribes to apply for, 

implement, reassume, or rescind a 

TERA that has been entered into in 

accordance with the Energy Policy Act 

of 2005 and 25 CFR 224. This collection 

also requires the tribe to notify the 

public of certain actions. A response is 

required to obtain a benefit. 

Type of Review: Extension without 

change of currently approved collection. 

Respondents: Federally recognized 

Indian tribes. 

Number of Respondents: 14. 

Frequency of Response: On occasion. 

Estimated Time per Response: Ranges 

from 32 hours to 1,080 hours. 

Estimated Total Annual Hour Burden: 

10,752 hours. 

Estimated Total Non-hour Cost 

Burden: $48,200. 

Dated: January 7, 2015. 

Elizabeth K. Appel, 

Director, Office of Regulatory Affairs and 

Collaborative Action—Indian Affairs. 

[FR Doc. 2015–00388 Filed 1–12–15; 8:45 am] 

BILLING CODE 4310–G1–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–943] 

Certain Wireless Headsets; Institution 

of Investigation Pursuant to 19 U.S.C. 

1337 

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 8, 2014, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of One-E-Way, 

Inc. of Pasadena, California. A 

supplement was filed on December 24, 

2014. 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 wireless headsets by reason of 

infringement of certain claims of U.S. 

Patent No. 7,865,258 (‘‘the ‘258 patent’’) 

and U.S. Patent No. 8,131,391 (‘‘the ‘391 

patent’’). The complaint further alleges 

that an industry in the United States 

exists or is in the process of being 

established as required by subsection 

(a)(2) of section 337. 

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 complaint, except for 

any confidential information contained 

therein, is avaiable 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., 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 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. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Unfair Import Investigations, 

U.S. International Trade Commission, 

telephone (202) 205–2560. 

SUPPLEMENTARY INFORMATION: 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

January 7, 2015, 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 wireless headsets 

by reason of infringement of one or 

more of claims 3, 4, 8, 10, and 11 of the 

‘258 patent and claims 1–6 and 10 of the 

‘391 patent, and whether an industry in 

the United States exists or is in the 

process of being established as required 

by subsection (a)(2) of section 337; 

(2) 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 complainant is: 

One-E-Way, Inc., 3016 E. Colorado 

Boulevard #70848, Pasadena, CA 

91107 

(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: 

Sony Corporation, 1–7–1 Konan, 

Minato-ku, Tokyo 108–0075, Japan 

Sony Corporation of America, 550 

Madison Avenue, New York, NY 

10022 

Sony Electronics, Inc., 16530 Via 

Esprillo, San Diego, CA 92127 

Sennheiser Electronic GmbH & Co. KG, 

Am Labor 1, 30900 Wedemark, 

Germany 

Sennheiser Electronic Corporation, 1 

Enterprise Drive, Old Lyme, CT 06371 

BlueAnt Wireless Pty, Ltd., 658 Church 

Street, Building 1, Level 4, Richmond, 

VIC 3121, Australia 

BlueAnt Wireless, Inc., 125 South 

Wacker Drive, Suite 300, Chicago, IL 

60606 

Creative Technology Ltd., 31 

International Business Park, #03–01, 

Lobby C, Creative Resource, 

Singapore 609921 

Creative Labs, Inc., 1901 McCarthy 

Boulevard, Milpitas, CA 95035 

Beats Electronics, LLC, 8501 Steller 

Drive, Culver City, CA 90232 

Beats Electronics International Ltd., The 

Malt House South, Grand Canal Quay, 

Dublin 2, Ireland 

Jawbone, Inc., 99 Rhode Island Street, 

3rd Floor, San Francisco, CA 94103, 

GN Netcom A/S d/b/a Jabra, 

Lautrupbjerg 7, Ballerup, K<benhavn, 

2750, Denmark 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW., Suite 

401, Washington, DC 20436; and 

(3) 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. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
1664 Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Notices 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2014). 

By order of the Commission. 

Issued: January 8, 2015. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2015–00325 Filed 1–12–15; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Summary of Commission Practice 

Relating to Administrative Protective 

Orders 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Summary of Commission 

practice relating to administrative 

protective orders. 

SUMMARY: Since February 1991, the U.S. 

International Trade Commission 

(‘‘Commission’’) has issued an annual 

report on the status of its practice with 

respect to violations of its 

administrative protective orders 

(‘‘APOs’’) under title VII of the Tariff 

Act of 1930, in response to a direction 

contained in the Conference Report to 

the Customs and Trade Act of 1990. 

Over time, the Commission has added to 

its report discussions of APO breaches 

in Commission proceedings other than 

under title VII and violations of the 

Commission’s rules including the rule 

on bracketing business proprietary 

information (‘‘BPI’’) (the ‘‘24-hour 

rule’’), 19 CFR 207.3(c). This notice 

provides a summary of breach 

investigations completed during 

calendar year 2013. This summary 

addresses four proceedings under 

section 337 of the Tariff Act of 1930. 

There were no breach investigations in 

title VII proceedings or rules violation 

investigations completed in 2013. The 

Commission intends that this report 

inform representatives of parties to 

Commission proceedings as to some 

specific types of APO breaches 

encountered by the Commission and the 

corresponding types of actions the 

Commission has taken. 

FOR FURTHER INFORMATION CONTACT: 

Carol McCue Verratti, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, telephone (202) 

205–3088. Hearing impaired individuals 

are advised that information on this 

matter can be obtained by contacting the 

Commission’s TDD terminal at (202) 

205–1810. General information 

concerning the Commission can also be 

obtained by accessing its Web site 

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

SUPPLEMENTARY INFORMATION: 

Representatives of parties to 

investigations or other proceedings 

conducted under title VII of the Tariff 

Act of 1930, section 337 of the Tariff Act 

of 1930, the North American Free Trade 

Agreement (NAFTA) Article 1904.13, 

and safeguard-related provisions such as 

sections 202 of the Trade Act of 1974, 

may enter into APOs that permit them, 

under strict conditions, to obtain access 

to BPI (title VII) and confidential 

business information (‘‘CBI’’) 

(safeguard-related provisions and 

section 337) of other parties or nonparties. See, e.g., 19 U.S.C. 1677f; 19 

CFR 207.7; 19 U.S.C. 1337(n); 19 CFR 

210.5, 210.34; 19 U.S.C. 2252(i); 19 CFR 

206.17; and 19 U.S.C. 1516a(g)(7)(A); 19 

CFR 207.100, et. seq. The discussion 

below describes APO breach 

investigations that the Commission has 

completed during calendar year 2013, 

including a description of actions taken 

in response to these breaches. 

Since 1991, the Commission has 

published annually a summary of its 

actions in response to violations of 

Commission APOs and the 24-hour rule. 

See 56 FR 4846 (February 6, 1991); 57 

FR 12335 (April 9, 1992); 58 FR 21991 

(April 26, 1993); 59 FR 16834 (April 8, 

1994); 60 FR 24880 (May 10, 1995); 61 

FR 21203 (May 9, 1996); 62 FR 13164 

(March 19, 1997); 63 FR 25064 (May 6, 

1998); 64 FR 23355 (April 30, 1999); 65 

FR 30434 (May 11, 2000); 66 FR 27685 

(May 18, 2001); 67 FR 39425 (June 7, 

2002); 68 FR 28256 (May 23, 2003); 69 

FR 29972 (May 26, 2004); 70 FR 42382 

(July 25, 2005); 71 FR 39355 (July 12, 

2006); 72 FR 50119 (August 30, 2007); 

73 FR 51843 (September 5, 2008); 74 FR 

54071 (October 21, 2009); 75 FR 54071 

(October 27, 2010), 76 FR 78945 

(December 20, 2011), 77 FR 76518 

(December 28, 2012), and 78 FR 79481 

(December 30, 2013). This report does 

not provide an exhaustive list of 

conduct that will be deemed to be a 

breach of the Commission’s APOs. APO 

breach inquiries are considered on a 

case-by-case basis. 

As part of the effort to educate 

practitioners about the Commission’s 

current APO practice, the Commission 

Secretary issued in March 2005 a fourth 

edition of An Introduction to 

Administrative Protective Order Practice 

in Import Injury Investigations (Pub. No. 

3755). This document is available upon 

request from the Office of the Secretary, 

U.S. International Trade Commission, 

500 E Street SW., Washington, DC 

20436, tel. (202) 205–2000 and on the 

Commission’s Web site at http://

www.usitc.gov. 

I. In General 

A. Antidumping and Countervailing 

Duty Investigations 

The current APO form for 

antidumping and countervailing duty 

investigations, which was revised in 

March 2005, requires the applicant to 

swear that he or she will: 

(1) Not divulge any of the BPI 

disclosed under this APO or otherwise 

obtained in this investigation and not 

otherwise available to him or her, to any 

person other than— 

(i) Personnel of the Commission 

concerned with the investigation, 

(ii) The person or agency from whom 

the BPI was obtained, 

(iii) A person whose application for 

disclosure of BPI under this APO has 

been granted by the Secretary, and 

(iv) Other persons, such as paralegals 

and clerical staff, who (a) are employed 

or supervised by and under the 

direction and control of the authorized 

applicant or another authorized 

applicant in the same firm whose 

application has been granted; (b) have a 

need thereof in connection with the 

investigation; (c) are not involved in 

competitive decision making for an 

interested party which is a party to the 

investigation; and (d) have signed the 

acknowledgment for clerical personnel 

in the form attached hereto (the 

authorized applicant shall also sign 

such acknowledgment and will be 

deemed responsible for such persons’ 

compliance with this APO); 

(2) Use such BPI solely for the 

purposes of the above-captioned 

Commission investigation or for judicial 

or binational panel review of such 

Commission investigation; 

(3) Not consult with any person not 

described in paragraph (1) concerning 

BPI disclosed under this APO or 

otherwise obtained in this investigation 

without first having received the written 

consent of the Secretary and the party 

or the representative of the party from 

whom such BPI was obtained; 

(4) Whenever materials e.g., 

documents, computer disks, etc. 

containing such BPI are not being used, 

store such material in a locked file 

cabinet, vault, safe, or other suitable 

container (N.B.: Storage of BPI on socalled hard disk computer media is to 

be avoided, because mere erasure of 

data from such media may not 

irrecoverably destroy the BPI and may 

result in violation of paragraph C of this 

APO); 

(5) Serve all materials containing BPI 

disclosed under this APO as directed by 


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