UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C. 20436
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`In the Matter of
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`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG
`FUNCTIONALITY AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-1266
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`NOTICE OF REQUEST FOR SUBMISSIONS ON THE PUBLIC INTEREST
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that on June 27, 2022, the presiding administrative law
`judge (“ALJ”) issued an Initial Determination on Violation of Section 337. The ALJ also issued
`a Recommended Determination on remedy and bonding should a violation be found in the
`above-captioned investigation. The Commission is soliciting submissions on public interest
`issues raised by the recommended relief should the Commission find a violation. This notice is
`soliciting comments from the public only.
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`FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-3042. Copies of non-confidential documents filed in connection with this
`investigation may be viewed on the Commission’s electronic docket (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
`https://www.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.
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`SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if
`the Commission finds a violation, it shall exclude the articles concerned from the United States:
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`unless, after considering the effect of such exclusion upon the
`public health and welfare, competitive conditions in the United
`States economy, the production of like or directly competitive
`articles in the United States, and United States consumers, it finds
`that such articles should not be excluded from entry.
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`19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C.
`1337(f)(1).
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`The Commission is soliciting submissions on public interest issues raised by the
`recommended relief should the Commission find a violation, specifically: a limited exclusion
`order directed to certain wearable electronic devices with ECG functionality and components
`thereof imported, sold for importation, and/or sold after importation by respondent Apple Inc. of
`Cupertino, California (“Apple”); and cease and desist orders directed to Apple. Parties are to file
`public interest submissions pursuant to 19 CFR 210.50(a)(4).
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`The Commission is interested in further development of the record on the public interest
`in this investigation. Accordingly, members of the public are invited to file submissions of no
`more than five (5) pages, inclusive of attachments, concerning the public interest in light of the
`ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on
`June 27, 2022. Comments should address whether issuance of the recommended remedial orders
`in this investigation, should the Commission find a violation, 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.
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`In particular, the Commission is interested in comments that:
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`(i)
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`explain how the articles potentially subject to the recommended remedial orders
`are used in the United States;
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`Persons filing written submissions must file the original document electronically on or
`before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR
`210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
`investigation number (“Inv. No. 337-TA-1266”) 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 (202-205-2000).
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`(ii)
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`(iii)
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`(iv)
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`(v)
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`identify any public health, safety, or welfare concerns in the United States relating
`to the recommended orders;
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`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;
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`indicate whether complainant, complainant's licensees, and/or third-party
`suppliers have the capacity to replace the volume of articles potentially subject to
`the recommended orders within a commercially reasonable time; and
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`explain how the recommended orders would impact consumers in the United
`States.
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`Written submissions must be filed no later than by close of business on July 27, 2022.
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`Any person desiring to submit a document to the Commission in 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 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for
`which confidential treatment by the Commission is properly sought will be treated accordingly.
`Any non-party wishing to submit comments containing confidential information must serve
`those comments on the parties to the investigation pursuant to the applicable Administrative
`Protective Order. A redacted non-confidential version of the document must also be filed
`simultaneously with any confidential filing and must be served in accordance with Commission
`Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). 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.
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`This action is taken under the authority of 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).
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`By order of the Commission.
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`Lisa R. Barton
`Secretary to the Commission
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`Issued: July 11, 2022
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