49848 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 

Claims are not invalid under 35 U.S.C. 

101. On July 13, 2017, the parties each 

filed a timely response to the petitions 

for review. On July 24, 2017, 

Respondents filed their public interest 

comments pursuant to Commission Rule 

210.50(a)(4). Two days later, Neology 

filed a response to Respondents’ public 

interest comments. The Commission 

also received public interest comments 

from multiple non-parties. 

On August 16, 2017, the Commission 

determined to review-in-part the final 

ID. Specifically, the Commission 

determined to review the following 

findings in the final ID: (1) The Asserted 

Claims are not entitled to claim priority 

to an earlier filing date; (2) the Asserted 

Claims are invalid under 35 U.S.C. 102, 

103, and/or 112; (3) the Asserted Claims 

are not invalid under 35 U.S.C. 101; and 

(4) Neology has satisfied the economic 

prong of the domestic industry 

requirement with respect to the ’436 

patent. The Commission requested 

briefing from the parties on certain 

issues under review. The Commission 

did not solicit briefing from the parties 

and from the public on the issues of 

remedy, bonding, and the public 

interest. 

Having reviewed the parties’ 

submissions and the record evidence, 

the Commission has determined to 

affirm, with modified reasoning, the ID’s 

finding of no violation of section 337 by 

the Respondents in connection with the 

Asserted Claims because Respondents 

have shown that the Asserted Claims are 

invalid under 35 U.S.C. 102, 103 and/ 

or 112. The Commission has also 

determined to affirm with modifications 

the ID’s finding that the Asserted Claims 

are not entitled to claim priority to an 

earlier filing date. The Commission has 

further determined to take no position 

on the ID’s findings that the Asserted 

Claims are directed at patent eligible 

subject matter under 35 U.S.C. 101 and 

that Neology has satisfied the economic 

prong of the domestic industry 

requirement with respect to the ’436 

patent. A Commission opinion will be 

issued shortly. 

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 23, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–23366 Filed 10–26–17; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–567–569 and 

731–TA–1343–1345 (Final)] 

Silicon Metal From Australia, Brazil, 

Kazakhstan, and Norway; Scheduling 

of the Final Phase of Countervailing 

Duty and Antidumping Duty 

Investigations 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping and 

countervailing duty investigation Nos. 

701–TA–567–569 and 731–TA–1343– 

1345 (Final) pursuant to the Tariff Act 

of 1930 (‘‘the Act’’) to determine 

whether an industry in the United 

States is materially injured or 

threatened with material injury, or the 

establishment of an industry in the 

United States is materially retarded, by 

reason of imports of silicon metal, 

provided for in subheadings 

2804.69.1000 and 2804.69.5000 of the 

Harmonized Tariff Schedule of the 

United States, from Australia, Brazil, 

and Norway preliminarily determined 

by the Department of Commerce to be 

sold at less than fair value, and imports 

of silicon metal preliminarily 

determined to be subsidized by the 

governments of Australia, Brazil, and 

Kazakhstan. 

DATES: October 12, 2017. 

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 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Scope.—For purposes of these 

investigations, the Department of 

Commerce has defined the subject 

merchandise as follows: ‘‘all forms and 

sizes of silicon metal, including silicon 

metal powder. Silicon metal contains at 

least 85.00 percent but less than 99.99 

percent silicon, and less than 4.00 

percent iron, by actual weight. 

Semiconductor grade silicon 

(merchandise containing at least 99.99 

percent silicon by actual weight and 

classifiable under Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading 2804.61.0000) is excluded 

from the scope of this investigation. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the HTSUS. While 

HTSUS numbers are provided for 

convenience and customs purposes, the 

written description of the scope remains 

dispositive.’’ 

Background.—The final phase of 

these investigations is being scheduled 

pursuant to sections 705(b) and 731(b) 

of the Tariff Act of 1930 (19 U.S.C. 

1671d(b) and 1673d(b)), as a result of 

affirmative preliminary determinations 

by the Department of Commerce that 

certain benefits which constitute 

subsidies within the meaning of section 

703 of the Act (19 U.S.C. 1671b) are 

being provided to manufacturers, 

producers, or exporters in Australia, 

Brazil, and Kazakhstan of silicon metal, 

and that such products imported from 

Australia, Brazil, and Norway are being 

sold in the United States at less than fair 

value within the meaning of section 733 

of the Act (19 U.S.C. 1673b). The 

investigations were requested in 

petitions filed on March 8, 2017, by 

Globe Specialty Metals, Inc., Beverly, 

Ohio. 

For further information concerning 

the conduct of this phase of the 

investigations, hearing procedures, and 

rules of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A and C (19 CFR part 207). 

Participation in the investigations 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 final phase of these 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49849 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in the final phase of these 

investigations available to authorized 

applicants under the APO issued in the 

investigations, provided that the 

application is made no later than 21 

days prior to the hearing date specified 

in this notice. Authorized applicants 

must represent interested parties, as 

defined by 19 U.S.C. 1677(9), who are 

parties to the investigations. A party 

granted access to BPI in the preliminary 

phase of the investigations need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the final phase of these 

investigations will be placed in the 

nonpublic record on February 1, 2018, 

and a public version will be issued 

thereafter, pursuant to section 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of these investigations beginning 

at 9:30 a.m. on February 15, 2018, at the 

U.S. International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before February 9, 2018. A nonparty 

who has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should participate in a prehearing 

conference to be held on February 13, 

2018, at the U.S. International Trade 

Commission Building, if deemed 

necessary. Oral testimony and written 

materials to be submitted at the public 

hearing are governed by sections 

201.6(b)(2), 201.13(f), and 207.24 of the 

Commission’s rules. Parties must submit 

any request to present a portion of their 

hearing testimony in camera no later 

than 7 business days prior to the date of 

the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is February 8, 2018. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is February 22, 

2018. In addition, any person who has 

not entered an appearance as a party to 

the investigations may submit a written 

statement of information pertinent to 

the subject of the investigations, 

including statements of support or 

opposition to the petition, on or before 

February 22, 2018. On March 19, 2018, 

the Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before March 21, 2018, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.30 of the Commission’s 

rules. All written submissions must 

conform with the provisions of section 

201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

sections 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

Handbook on E-Filing, available on the 

Commission’s Web site at https://

edis.usitc.gov, elaborates upon the 

Commission’s rules with respect to 

electronic filing. 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: October 23, 2017. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2017–23363 Filed 10–26–17; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–388, 389, and 

391 and 731–TA–817, 818, and 821 (Third 

Review)] 

Cut-to-Length Carbon Steel Plate From 

India, Indonesia, and Korea; Revised 

Schedule for the Subject Reviews 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

DATES: October 20, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Celia Feldpausch ((202) 205–2387)), 

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: On August 

4, 2017, the Commission established a 

schedule for the conduct of full reviews 

(82 FR 37465, August 10, 2017). In light 

of overlapping Commission 

commitments, the Commission is 

revising its schedule in this proceeding. 

The Commission’s new schedule for 

the full reviews is as follows: The 

prehearing staff report will be placed in 

the nonpublic record on December 12, 

2017; the deadline for filing prehearing 

briefs is December 21, 2017; requests to 

appear at the hearing must be filed with 

the Secretary to the Commission not 

later than December 22, 2017; the 

prehearing conference will be held at 

the U.S. International Trade 

Commission Building on January 3, 

2018, if deemed necessary; the hearing 

will be held at the U.S. International 

Trade Commission Building at 9:30 a.m. 

on January 4, 2018; the deadline for 

filing posthearing briefs is January 12, 

2018; the Commission will make its 

final release of information on February 

5, 2018; and final party comments are 

due on February 7, 2018. 

For further information concerning 

the full reviews see the Commission’s 

notice cited above and the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 


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