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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES

including through use of the interim initial determination ID pilot program, https www.usitc.gov/press_room/
featured_news/337pilotprogram.htm.
Notwithstanding any Commission Rules to the contrary, which are hereby waived, any such decision should be i issued in the form of an ID under Rule 210.42c, 19 CFR 210.42c, or ii if issued through use of the interim initial determination ID pilot program, in the form of an ID under Rule 210.42a1i, 19 CFR 210.42a1i. The ID will become the Commissions final determination 45 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commissions Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16e and 210.13a, as amended in 85 FR 15798 March 19, 2020, such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainants 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.
By order of the Commission.
Issued: June 29, 2021.
Lisa Barton, Secretary to the Commission.
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INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Light-Based Physiological Measurement Devices and Components Thereof, DN 3554; the Commission is soliciting comments on any public interest issues raised by the complaint or complainants filing pursuant to the Commissions Rules of Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC
20436, telephone 202 2052000. The public version of the complaint can be accessed on the Commissions Electronic Document Information System EDIS at https edis.usitc.gov.
For help accessing EDIS, please email EDIS3Help@usitc.gov.
General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission USITC at https www.usitc.gov. The public record for this investigation may be viewed on the Commissions Electronic Document Information System EDIS at https edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commissions TDD terminal on 202
2051810.
SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to 210.8b of the Commissions Rules of Practice and Procedure filed on behalf of Masimo Corporation and Cercacor Laboratories, Inc. on June 30, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 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 light-based physiological measurement devices and components thereof. The complainant names as a respondent: Apple Inc. of Cupertino. CA. The complainant requests that the Commission issue an exclusion order, a cease and desist order, and impose a bond upon respondent alleged infringing articles SUMMARY:

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during the 60-day Presidential review period pursuant to 19 U.S.C. 1337j.
Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or 210.8b filing.
Comments should address whether issuance of the relief specifically requested by the complainant 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 requested remedial orders are used in the United States;
ii identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;
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, complainants licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and v explain how the requested remedial orders would impact United States consumers.
Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five 5 pages in length, inclusive of attachments.
Persons filing written submissions must file the original document
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