A complaint filed against Apple, Samsung and Google asks the trade commission to keep their devices out of the country, and the public gets eight days to say what that would do

BoomCloud 360 Inc. is asking the United States to keep out the hardware of three of the largest device makers in the world.

The company filed a complaint under section 337 of the Tariff Act of 1930 on 14 August, entitled Certain Electronic Devices with Certain Audio Technologies. The International Trade Commission published notice of receiving it on 20 August, as Docket No. 3931. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices with certain audio technologies.

It names four respondents: Apple, Inc. of Cupertino, California; Samsung Electronics America Co., LTD., which the notice locates in South Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Google LLC of Mountain View, California. None of the four has responded on this record, which is normal at this stage, because at this stage there is nothing yet to respond to.

What is being asked for

Three things. A limited exclusion order, which would keep the covered articles out. Cease and desist orders. And a bond on allegedly infringing articles during the 60 day Presidential review period, which is the window under 19 U.S.C. 1337(j) after the Commission has ruled and before an order becomes final.

That is the complainant's request, not a finding, and no adjudicator has looked at it.

What the notice is, and what it is not

This is a receipt, not an institution. The Commission has published that a complaint arrived and is asking for comment on the public interest issues the complaint raises, and it addresses the invitation to proposed respondents, other interested parties, members of the public and interested government agencies. The word proposed is doing real work in that sentence. Nobody has been made a respondent to anything.

The questions asked are the standard five: how the articles are used in the United States, any public health, safety or welfare concerns, what like or directly competitive articles are made domestically that could replace them, whether the complainant, its licensees or third party suppliers could replace the volume within a commercially reasonable time, and the effect on consumers.

Eight days

Written submissions on the public interest, and on any other issue, are due by close of business eight calendar days after publication, which is 28 August. The complainant may reply within three calendar days of the date initial submissions were due. Everything is capped at five pages including attachments, and the notice says no other submissions will be accepted unless the Commission asks for them.

The notice adds that there will be further chances to comment on the public interest after any final initial determination, which is a stage that arrives only if an investigation is instituted and then litigated to the end. This window is next week.