Notice of Publication of Petitions for Duty Suspensions and Reductions and Opportunity To Comment on Petitions, 3357-3359 [2017-00062]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–4716. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.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.
SUPPLEMENTARY INFORMATION: The
Commission instituted Investigation No.
337–TA–1013 on July 27, 2016, based
on a complaint filed by Complainants
Lehigh Valley Technologies, Inc. of
Allentown, Pennsylvania; Endo Global
Ventures of Hamilton, Bermuda; Endo
Ventures Limited, of Dublin, Ireland;
and Generics Bidco I, LLC (d/b/a
Qualitest Pharmaceuticals and Par
Pharmaceutical) of Huntsville, Alabama
(collectively, ‘‘Complainants’’). See 81
FR 49263 (July 27, 2016). The complaint
alleges violations of section 337 of the
Tariff Act of 1930, as amended (19
U.S.C. 1337), based upon the
importation into the United States, or
the sale of certain potassium chloride
powder products by reason of false
advertising, the threat or effect of which
is to destroy or substantially injure an
industry in the United States. See id.
The notice of investigation identified
Viva Pharmaceutical Inc. of Richmond,
British Columbia, Canada; Virtus
Pharmaceuticals, LLC of Tampa,
Florida; and Virtus Pharmaceuticals
OPCO II, LLC, of Nashville, Tennessee
(collectively, ‘‘Respondents’’) as
respondents in this investigation. See
id. The Office of Unfair Import
Investigations is also a party to this
investigation. See id.
On November 18, 2016, Complainants
and Respondents (collectively, ‘‘the
Private Parties’’) filed a joint motion to
terminate the investigation based upon
settlement (‘‘Joint Motion’’). On
November 30, 2016, the Commission
Investigative Attorney filed a response
in support of the Joint Motion.
On December 19, 2016, the ALJ issued
a corrected initial determination (‘‘ID’’)
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
(Order No. 10) granting the Joint
Motion. As noted in the ID, the Private
Parties ‘‘state[d] that ‘there are no other
agreements, written or oral, express or
implied between Complainants and
Respondents concerning the subject
matter of this Investigation’ other than
the documents submitted with the Joint
Motion.’’ See ID at 1–2. The ALJ further
noted that the Private ‘‘Parties have
attached both public and confidential
versions of their Settlement Agreement’’
to the Joint Motion. See id. at 4. The ALJ
also considered the public interest
under Commission Rule 210.50(b)(2), 19
CFR 210.50(b)(2) and determined that
termination was not contrary to the
public interest. See id.
No party has filed a petition for
review of the subject ID.
The Commission has determined not
to review the subject ID. The
investigation is terminated.
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: January 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–00424 Filed 1–10–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Publication of Petitions for
Duty Suspensions and Reductions and
Opportunity To Comment on Petitions
United States International
Trade Commission.
ACTION: Notice of publication on the
Commission’s Web site of petitions for
duty suspensions and reductions and
request for comments on the petitions
filed.
AGENCY:
As required by the American
Manufacturing Competitiveness Act of
2016, the Commission has published on
its Web site the petitions for duty
suspensions and reductions that were
timely filed and contain the required
information, and the Commission is
requesting members of the public to
submit comments to the Commission on
the petitions published no later than the
close of business February 24, 2017.
DATES: January 11, 2017: Date of
publication on the Commission’s Web
site of petitions for duty suspensions
and reductions and opening date for
filing comments concerning those
SUMMARY:
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
3357
petitions. February 24, 2017, 5:15 p.m.,
EST: Closing date and time for the
submission of comments concerning the
petitions for duty suspensions and
reductions published on the
Commission’s Web site. Comments must
be submitted in electronic form via the
Commission’s secure web portal. The
Commission will not accept comments
submitted in paper or in any other form
or format.
ADDRESSES: All Commission offices are
located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. The public file for this proceeding
may be viewed on the Commission’s
Miscellaneous Tariff Bill Petition
System (MTBPS) at https://
www.usitc.gov/mtbps.
FOR FURTHER INFORMATION CONTACT: For
general inquiries, contact Jennifer
Rohrbach at mtbinfo@usitc.gov. For
filing inquiries, contact the Office of
Secretary, Docket Services division, U.S.
International Trade Commission,
telephone (202) 205–3238.
The media should contact Peg
O’Laughlin, Public Affairs Officer (202–
205–1819 or margaret.olaughlin@
usitc.gov). General information
concerning the Commission may be
obtained by accessing its internet server
(https://www.usitc.gov).
Background: The American
Manufacturing Competitiveness Act of
2016 (the Act), (Public Law 114–159,
May 20, 2016), 19 U.S.C. 1332 note,
establishes a new process for the
submission and consideration of
requests for temporary duty suspensions
and reductions. Section 3(b)(1) of the
Act requires that the Commission
initiate the process by publishing a
notice requesting members of the public
who can demonstrate that they are
likely beneficiaries of duty suspensions
or reductions to submit petitions and
Commission disclosure forms to the
Commission. As required by the Act, the
Commission published that notice in
the Federal Register on October 14,
2016 (81 FR 71114), with all such
petitions to be submitted no later than
the close of business on December 12,
2016. Section 3(b)(3)(A) of the Act
requires that the Commission, no later
than 30 days after the expiration of the
period for filing petitions, that is, by
January 11, 2017, publish on its Web
site the petitions received that contain
the information required by the Act.
Section 3(b)(3)(B) of the Act requires
that the Commission, at the same time,
publish a notice requesting members of
the public to submit comments to the
Commission on the petitions published.
Such comments must be submitted to
E:\FR\FM\11JAN1.SGM
11JAN1
sradovich on DSK3GMQ082PROD with NOTICES
3358
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
the Commission during the 45-day
period beginning on the date of
publication of the notice—in this case,
by February 24, 2017.
Following conclusion of the period
for filing comments, the Commission
will, as required by sections 3(b)(3)(C)
and (E) of the Act, submit preliminary
and final reports to the House
Committee on Ways and Means and the
Senate Committee on Finance
(Committees) on the petitions received.
The Commission will submit its reports
in June and August 2017, respectively.
The reports are to include the
Commission’s analysis and
recommendations regarding the
petitions, including whether there is
domestic production of the article,
whether the estimated loss in revenues
due to the duty suspension or reduction
does not exceed $500,000, and whether
the duty suspension or reduction will be
available to any person importing the
article. The Commission is required to
classify the petitions into categories
based on whether (1) the petition meets
the requirements for inclusion in a
miscellaneous tariff bill; (2) the
Commission recommends inclusion in
such a bill with specified technical
changes, changes in product scope, or
adjustment in the amount of duty
reduction; (3) the Commission
recommends against inclusion in a bill
because the petition does not meet the
petitioning requirements or the
petitioner is not a likely beneficiary; and
(4) the Commission otherwise
recommends not including the petition.
The Committees and the Congress will
make the final decision regarding the
imported articles to be included in a
bill.
Section 3(c) of the Act also requires
the U.S. Department of Commerce
(Commerce), with input from U.S.
Customs and Border Protection (CBP)
and other Federal agencies, to submit a
report to the Commission and to the
Committees. This report is to include
information related to domestic
production and technical changes that
are necessary for purposes of
administration when articles are
presented for importation.
Procedures for filing a Comment: The
Commission has promulgated rules of
practice and procedure that address,
inter alia, the submission of comments
on the petitions filed. The rules, in the
form of an interim rule, are published at
19 CFR part 220 (81 FR 67144, Sept. 30,
2016)—see in particular 19 CFR 220.10.
The rules are also posted on the
Commission’s Web site along with other
materials, including a handbook,
designed to assist the public in filing
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
petitions and comments—see https://
www.usitc.gov/mtbps.
Who may file. Comments may be filed
by any member of the public. The
Commission is particularly interested in
receiving comments from domestic
producers with respect to whether they
produce an article that is identical to,
like, or directly competitive with an
article that is the subject of a petition for
a duty suspension or reduction, and if
they do, whether they object to such a
duty suspension or reduction. The
Commission is also interested in
receiving comments from individuals
and entities who believe they would be
a likely beneficiary of a particular duty
suspension or reduction, or who, having
been named in the petition or another
comment as a likely beneficiary, wish to
state that they would not be a likely
beneficiary of a particular duty
suspension or reduction. The statute
defines ‘‘likely beneficiary’’ to mean ‘‘an
individual or entity likely to utilize, or
benefit directly from the utilization of,
an article that is the subject of a petition
for a duty suspension or reduction.’’
Petitioning parties may also submit
comments. However, any such
comments must not amend or seek to
amend a petition that the submitter
previously filed, and the Commission
will not consider any comments from a
petitioner to such effect.
Method for filing. Comments
concerning petitions for duty
suspensions and reductions may be
filed only electronically via the
Commission’s designated secure MTBPS
web portal and in the format designated
by the Commission in that portal. The
portal may be accessed through the
Commission’s Web site at https://
www.usitc.gov under ‘‘Miscellaneous
Tariff Bill Information.’’ The portal
contains a series of prompts and links
that will assist persons in providing the
required information. The Commission
will not accept comments submitted in
paper or in any other form or format.
Comments must contain all information
required in the portal in order to be
considered properly filed. Comments,
including any attachments thereto, must
otherwise comply with the
Commission’s rules and Handbook on
MTB Filing Procedures. Persons seeking
to comment on more than one petition
must submit a separate comment for
each petition.
Persons filing comments should be
aware that they must be prepared to
complete their entire comment when
they enter the portal. The portal will not
allow them to edit, amend, or complete
the comment at a later time.
Accordingly, they should have all the
information in hand that they will need
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
to complete their comment at the time
they enter the portal. The types of
information that a person submitting a
comment may need are listed in the
Commission’s Before You File a
Comment guide, which is also located
on the Commission’s Web site at https://
www.usitc.gov/mtbps.
Time for filing. To be considered,
comments must be filed no earlier than
the publication date of this notice in the
Federal Register and no later than the
close of business (5:15 p.m. EST) on
February 24, 2017. The Commission
will not accept comments filed after that
time and date.
Amendment and withdrawal of
comments. The Commission’s secure
web portal will not allow a person who
has formally submitted a comment to
amend that comment. Instead, that
person must withdraw the original
comment and file a new comment that
incorporates the changes. The new
comment must be filed within the 45day period designated for submitting
comments (i.e., before 5:15 p.m. EST on
February 24, 2017). Comments may not
be withdrawn or amended after the
close of the 45-day period for filing
comments.
Comments containing confidential
business information. The portal will
permit persons submitting comments to
claim that certain information should be
treated either as confidential business
information or as information protected
from disclosure under the Privacy Act.
However, because of the portal’s design,
the portal instructs that such
information not be included in
attachments to comments. Persons who
include confidential business
information and information protected
under the Privacy Act in attachments to
their comments will be presumed to
have waived any privilege and the
information will be disclosed to the
public when the comments and
attachments are posted on the
Commission’s Web site. See further
information below on possible
disclosure of confidential business
information.
Confidential Business Information.
The Commission will not release
information which the Commission
considers to be confidential business
information within the meaning of
§ 201.6(a) of its Rules of Practice and
Procedure (19 CFR 201.6) unless the
party submitting the confidential
business information had notice, at the
time of submission, that such
information would be released by the
Commission, or such party subsequently
consents to the release of the
information.
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
Confidential business information
submitted to the Commission in
comments may be disclosed to and/or
used by (1) the Commission in
calculating the estimated revenue loss
required under the Act, which may be
based in whole or in part on the
estimated values of imports submitted
in comments (as well as by petitioners
in their petitions); or (2) the
Commission, its employees, and
contract personnel (a) in processing
petitions and comments and preparing
reports under the American
Manufacturing Competitiveness Act of
2016 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 (3)
Commerce for use in preparing its report
to the Commission and the Committees,
and the U.S. Department of Agriculture
and CBP for use in providing
information for that report; or (4) U.S.
government employees and contract
personnel, solely for cybersecurity
purposes, subject to the requirement
that all contract personnel will sign
appropriate nondisclosure agreements.
By order of the Commission.
Issued: January 3, 2017.
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2017–00062 Filed 1–10–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1034]
Certain Flash Memory Devices and
Components Thereof; Institution of
Investigation
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2016).
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
December 6, 2016, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Memory
Technologies, LLC of Las Vegas,
Nevada. An amended complaint was
filed on December 12, 2016. The
amended complaint alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain flash memory devices and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. RE45,542 (‘‘the ’542 patent’’);
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
U.S. Patent No. RE45,486 (‘‘the ’486
patent’’); U.S. Patent No. 7,565,469 (‘‘the
’469 patent’’); U.S. Patent No. 9,063,850
(‘‘the ’850 patent’’); and U.S. Patent No.
8,307,180 (‘‘the ’180 patent’’). The
amended complaint further alleges that
an industry in the United States exists
as required by subsection (a)(2) of
section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The amended complaint,
except for any confidential information
contained therein, is available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Room 112, Washington, DC
20436, telephone (202) 205–2000.
Hearing impaired individuals are
advised that information on this matter
can be obtained 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 at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
Scope of Investigation: Having
considered the amended complaint, the
U.S. International Trade Commission,
on January 5, 2017, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain flash memory
devices and components thereof by
reason of infringement of one or more of
claim 38 of the ’542 patent; claims 6, 9,
10, 22, 23, 26, and 27 of the ’486 patent;
claim 19 of the ’469 patent; claim 10 of
the ’850 patent; and claims 17–19, 21,
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
3359
22, and 27 of the ’180 patent, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding Administrative Law Judge
shall take evidence or other information
and hear arguments from the parties or
other interested persons with respect to
the public interest in this investigation,
as appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is:
Memory Technologies, LLC, 6787 W.
Tropicana Avenue, Suite 238, Las
Vegas, NV 89103
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the amended complaint is to be
served:
SanDisk LLC, 951 SanDisk Drive,
Milpitas, CA 95035
Western Digital Corporation, 3355
Michelson Drive, Suite 100, Irvine,
CA 92612
Western Digital Technologies, Inc., 951
SanDisk Drive, Milpitas, CA 95035
SanDisk Limited, 8F Nisso 15 Bldg. 2–
17–19 Shin-Yokohama, Kohoku-ku,
Yokohama, Japan 222–0033
SanDisk Storage Malaysia Sdn. Bhd.,
Plot 18, Lorong Jelawat 4, Kawasan,
Perindustrian, Seberang Jaya, 13700
Perai, Penang, Malaysia
SanDisk SemiConductor (Shanghai) Co.,
Ltd., No. 388, Jiang Chuan East Road,
Minhang District, Shanghai 200241,
China
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the amended complaint
and the notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3357-3359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00062]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Notice of Publication of Petitions for Duty Suspensions and
Reductions and Opportunity To Comment on Petitions
AGENCY: United States International Trade Commission.
ACTION: Notice of publication on the Commission's Web site of petitions
for duty suspensions and reductions and request for comments on the
petitions filed.
-----------------------------------------------------------------------
SUMMARY: As required by the American Manufacturing Competitiveness Act
of 2016, the Commission has published on its Web site the petitions for
duty suspensions and reductions that were timely filed and contain the
required information, and the Commission is requesting members of the
public to submit comments to the Commission on the petitions published
no later than the close of business February 24, 2017.
DATES: January 11, 2017: Date of publication on the Commission's Web
site of petitions for duty suspensions and reductions and opening date
for filing comments concerning those petitions. February 24, 2017, 5:15
p.m., EST: Closing date and time for the submission of comments
concerning the petitions for duty suspensions and reductions published
on the Commission's Web site. Comments must be submitted in electronic
form via the Commission's secure web portal. The Commission will not
accept comments submitted in paper or in any other form or format.
ADDRESSES: All Commission offices are located in the United States
International Trade Commission Building, 500 E Street SW., Washington,
DC. The public file for this proceeding may be viewed on the
Commission's Miscellaneous Tariff Bill Petition System (MTBPS) at
https://www.usitc.gov/mtbps.
FOR FURTHER INFORMATION CONTACT: For general inquiries, contact
Jennifer Rohrbach at mtbinfo@usitc.gov. For filing inquiries, contact
the Office of Secretary, Docket Services division, U.S. International
Trade Commission, telephone (202) 205-3238.
The media should contact Peg O'Laughlin, Public Affairs Officer
(202-205-1819 or margaret.olaughlin@usitc.gov). General information
concerning the Commission may be obtained by accessing its internet
server (https://www.usitc.gov).
Background: The American Manufacturing Competitiveness Act of 2016
(the Act), (Public Law 114-159, May 20, 2016), 19 U.S.C. 1332 note,
establishes a new process for the submission and consideration of
requests for temporary duty suspensions and reductions. Section 3(b)(1)
of the Act requires that the Commission initiate the process by
publishing a notice requesting members of the public who can
demonstrate that they are likely beneficiaries of duty suspensions or
reductions to submit petitions and Commission disclosure forms to the
Commission. As required by the Act, the Commission published that
notice in the Federal Register on October 14, 2016 (81 FR 71114), with
all such petitions to be submitted no later than the close of business
on December 12, 2016. Section 3(b)(3)(A) of the Act requires that the
Commission, no later than 30 days after the expiration of the period
for filing petitions, that is, by January 11, 2017, publish on its Web
site the petitions received that contain the information required by
the Act. Section 3(b)(3)(B) of the Act requires that the Commission, at
the same time, publish a notice requesting members of the public to
submit comments to the Commission on the petitions published. Such
comments must be submitted to
[[Page 3358]]
the Commission during the 45-day period beginning on the date of
publication of the notice--in this case, by February 24, 2017.
Following conclusion of the period for filing comments, the
Commission will, as required by sections 3(b)(3)(C) and (E) of the Act,
submit preliminary and final reports to the House Committee on Ways and
Means and the Senate Committee on Finance (Committees) on the petitions
received. The Commission will submit its reports in June and August
2017, respectively. The reports are to include the Commission's
analysis and recommendations regarding the petitions, including whether
there is domestic production of the article, whether the estimated loss
in revenues due to the duty suspension or reduction does not exceed
$500,000, and whether the duty suspension or reduction will be
available to any person importing the article. The Commission is
required to classify the petitions into categories based on whether (1)
the petition meets the requirements for inclusion in a miscellaneous
tariff bill; (2) the Commission recommends inclusion in such a bill
with specified technical changes, changes in product scope, or
adjustment in the amount of duty reduction; (3) the Commission
recommends against inclusion in a bill because the petition does not
meet the petitioning requirements or the petitioner is not a likely
beneficiary; and (4) the Commission otherwise recommends not including
the petition. The Committees and the Congress will make the final
decision regarding the imported articles to be included in a bill.
Section 3(c) of the Act also requires the U.S. Department of
Commerce (Commerce), with input from U.S. Customs and Border Protection
(CBP) and other Federal agencies, to submit a report to the Commission
and to the Committees. This report is to include information related to
domestic production and technical changes that are necessary for
purposes of administration when articles are presented for importation.
Procedures for filing a Comment: The Commission has promulgated
rules of practice and procedure that address, inter alia, the
submission of comments on the petitions filed. The rules, in the form
of an interim rule, are published at 19 CFR part 220 (81 FR 67144,
Sept. 30, 2016)--see in particular 19 CFR 220.10. The rules are also
posted on the Commission's Web site along with other materials,
including a handbook, designed to assist the public in filing petitions
and comments--see https://www.usitc.gov/mtbps.
Who may file. Comments may be filed by any member of the public.
The Commission is particularly interested in receiving comments from
domestic producers with respect to whether they produce an article that
is identical to, like, or directly competitive with an article that is
the subject of a petition for a duty suspension or reduction, and if
they do, whether they object to such a duty suspension or reduction.
The Commission is also interested in receiving comments from
individuals and entities who believe they would be a likely beneficiary
of a particular duty suspension or reduction, or who, having been named
in the petition or another comment as a likely beneficiary, wish to
state that they would not be a likely beneficiary of a particular duty
suspension or reduction. The statute defines ``likely beneficiary'' to
mean ``an individual or entity likely to utilize, or benefit directly
from the utilization of, an article that is the subject of a petition
for a duty suspension or reduction.''
Petitioning parties may also submit comments. However, any such
comments must not amend or seek to amend a petition that the submitter
previously filed, and the Commission will not consider any comments
from a petitioner to such effect.
Method for filing. Comments concerning petitions for duty
suspensions and reductions may be filed only electronically via the
Commission's designated secure MTBPS web portal and in the format
designated by the Commission in that portal. The portal may be accessed
through the Commission's Web site at https://www.usitc.gov under
``Miscellaneous Tariff Bill Information.'' The portal contains a series
of prompts and links that will assist persons in providing the required
information. The Commission will not accept comments submitted in paper
or in any other form or format. Comments must contain all information
required in the portal in order to be considered properly filed.
Comments, including any attachments thereto, must otherwise comply with
the Commission's rules and Handbook on MTB Filing Procedures. Persons
seeking to comment on more than one petition must submit a separate
comment for each petition.
Persons filing comments should be aware that they must be prepared
to complete their entire comment when they enter the portal. The portal
will not allow them to edit, amend, or complete the comment at a later
time. Accordingly, they should have all the information in hand that
they will need to complete their comment at the time they enter the
portal. The types of information that a person submitting a comment may
need are listed in the Commission's Before You File a Comment guide,
which is also located on the Commission's Web site at https://www.usitc.gov/mtbps.
Time for filing. To be considered, comments must be filed no
earlier than the publication date of this notice in the Federal
Register and no later than the close of business (5:15 p.m. EST) on
February 24, 2017. The Commission will not accept comments filed after
that time and date.
Amendment and withdrawal of comments. The Commission's secure web
portal will not allow a person who has formally submitted a comment to
amend that comment. Instead, that person must withdraw the original
comment and file a new comment that incorporates the changes. The new
comment must be filed within the 45-day period designated for
submitting comments (i.e., before 5:15 p.m. EST on February 24, 2017).
Comments may not be withdrawn or amended after the close of the 45-day
period for filing comments.
Comments containing confidential business information. The portal
will permit persons submitting comments to claim that certain
information should be treated either as confidential business
information or as information protected from disclosure under the
Privacy Act. However, because of the portal's design, the portal
instructs that such information not be included in attachments to
comments. Persons who include confidential business information and
information protected under the Privacy Act in attachments to their
comments will be presumed to have waived any privilege and the
information will be disclosed to the public when the comments and
attachments are posted on the Commission's Web site. See further
information below on possible disclosure of confidential business
information.
Confidential Business Information. The Commission will not release
information which the Commission considers to be confidential business
information within the meaning of Sec. 201.6(a) of its Rules of
Practice and Procedure (19 CFR 201.6) unless the party submitting the
confidential business information had notice, at the time of
submission, that such information would be released by the Commission,
or such party subsequently consents to the release of the information.
[[Page 3359]]
Confidential business information submitted to the Commission in
comments may be disclosed to and/or used by (1) the Commission in
calculating the estimated revenue loss required under the Act, which
may be based in whole or in part on the estimated values of imports
submitted in comments (as well as by petitioners in their petitions);
or (2) the Commission, its employees, and contract personnel (a) in
processing petitions and comments and preparing reports under the
American Manufacturing Competitiveness Act of 2016 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 (3) Commerce for use in preparing its report to
the Commission and the Committees, and the U.S. Department of
Agriculture and CBP for use in providing information for that report;
or (4) U.S. government employees and contract personnel, solely for
cybersecurity purposes, subject to the requirement that all contract
personnel will sign appropriate nondisclosure agreements.
By order of the Commission.
Issued: January 3, 2017.
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2017-00062 Filed 1-10-17; 8:45 am]
BILLING CODE 7020-02-P
