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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices
the accused products practice this limitation?
8. Concerning claims 22 and 23 of the 369 patent, Intuitive states in its petition for review that its proposed obviousness combination includes each limitation of the asserted claims under Ethicons theory of infringement. Identify what aspect of Intuitives obviousness theory is dependent on Ethicons theory of infringement and explain how it is dependent.
9. If the Commission finds that Intuitive does not infringe claims 22 and 23 of the 369 patent, explain whether Intuitives obviousness theories necessarily fail by virtue of their dependence on Ethicons infringement theory.
The parties are not to brief other issues on review, which are adequately presented in the parties existing filings.
In connection with the final disposition of this investigation, the statute authorizes issuance of, inter alia, 1 an exclusion order that could result in the exclusion of the subject articles from entry into the United States; and/
or 2 cease and desist orders that could result in the respondents 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 either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337TA360, USITC
Pub. No. 2843, Commn Op. at 710
Dec. 1994.
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 orders 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.
If the Commission orders some form of remedy, the U.S. Trade
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Representative, as delegated by the President, has 60 days to approve, disapprove or take no action on the Commissions determination. See 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 and prescribed by the Secretary of the Treasury. 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 are requested to file written submissions on the issues identified in this notice. 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. Such submissions should address the recommended determination by the ALJ
on remedy and bonding.
In its initial submission, Complainant is also requested to identify the remedy sought and to submit proposed remedial orders for the Commissions consideration. Complainant is further requested to state the dates that the Asserted Patents expire, to provide the HTSUS subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. The initial written submissions and proposed remedial orders must be filed no later than close of business on August 23, 2021. Reply submissions must be filed no later than the close of business on August 30, 2021. Opening submissions are limited to 100 pages. Reply submissions are limited to 75 pages. No further submissions on these issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commissions paper filing requirements in 19 CFR 210.4f are currently waived. 85 FR 15798
March 19, 2020. Submissions should refer to the investigation number Inv.
No. 337TA1167 in a prominent place on the cover page and/or the first page.
See Handbook for Electronic Filing Procedures, https www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf. Persons with questions regarding filing should contact the Secretary, 202 2052000.
Any person desiring to submit a document to the Commission in
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confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6b and 210.5e2 19 CFR 201.6b &
210.5e2. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. 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 on EDIS.
The Commission vote for this determination took place on August 16, 2021.
The authority for the Commissions 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 Commissions Rules of Practice and Procedure 19 CFR 210.
By order of the Commission.
Issued: August 16, 2021.
Lisa Barton, Secretary to the Commission.
FR Doc. 202117843 Filed 81921; 8:45 am BILLING CODE 702002P

INTERNATIONAL TRADE
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Investigation Nos. 701TA468 and 731TA11661167 Second Review;
Certain Magnesia Carbon Bricks From China and Mexico Determination On the basis of the record 1 developed in the subject five-year reviews, the 1 The record is defined in 207.2f of the Commissions Rules of Practice and Procedure 19
CFR 207.2f.

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