Certain Hand Dryers and Housings for Hand Dryers; Commission Determination To Review In-Part an Initial Determination Granting Complainant's Motion for Summary Determination of Section 337 Violation by the Defaulting Respondents, 33156-33158 [2017-15137]
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33156
Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
indicated Woodland and Mississippian
occupation. The collection is stored at
the Webb Museum, University of
Kentucky, Lexington, KY. The human
remains consist of an adult probable
male and an infant. No known
individuals were identified. No
associated funerary objects are present.
In July of 1962, human remains
representing, at minimum, one
individual were removed from the
Wilson site (15TR19) in Trigg County,
KY. Rudolf Berle Clay of the University
of Kentucky collected the remains from
a sand bank. The collection is stored at
the Webb Museum, University of
Kentucky, Lexington, KY. The human
remains consist of an adult probable
male. No known individual was
identified. No associated funerary
objects are present.
These sites were excavated as part of
the U.S. Army Corps of Engineers, Lake
Barkley Project, by the University of
Kentucky and the University of
Tennessee, using funds provided by the
National Park Service under the River
Basins Archaeological Salvage Program.
Determinations Made by the Nashville
District
Officials of the U.S. Army Corps of
Engineers, Nashville District have
determined that:
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
are Native American based on the
archeological context.
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of 40
individuals of Native American
ancestry.
• Pursuant to 25 U.S.C. 3001(3)(A),
the 131 objects described in this notice
are reasonably believed to have been
placed with or near individual human
remains at the time of death or later as
part of the death rite or ceremony.
• Pursuant to 25 U.S.C. 3001(2), a
relationship of shared group identity
cannot be reasonably traced between the
Native American human remains and
associated funerary objects and any
present-day Indian Tribe.
• According to final judgments of the
Indian Claims Commission or the Court
of Federal Claims, the land from which
the Native American human remains
and associated funerary objects from
sites 15TR19, 40SW23, and 40SW41
were removed is the aboriginal land of
the Cherokee Nation, Eastern Band of
Cherokee Indians, and United
Keetoowah Band of Cherokee Indians in
Oklahoma.
• Treaties, Acts of Congress, or
Executive Orders, indicate that the land
from which the Native American human
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remains from sites 15TR17, 40SW24,
and 40SW33 were removed is the
aboriginal land of Cherokee Nation,
Eastern Band of Cherokee Indians, and
United Keetoowah Band of Cherokee
Indians in Oklahoma.
• Pursuant to 43 CFR 10.11(c)(1), the
disposition of the human remains and
associated funerary objects may be
jointly to the Cherokee Nation, Eastern
Band of Cherokee Indians, and United
Keetoowah Band of Cherokee Indians in
Oklahoma.
Additional Requestors and Disposition
Representatives of any Indian Tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains and associated funerary
objects should submit a written request
with information in support of the
request to: Dr. Valerie McCormack,
Archaeologist, Department of Defense,
Nashville District, Corps of Engineers,
U.S. Army Corps of Engineers, Nashville
District, 110 9th Avenue South, Room
A–405, Nashville, TN 37203, telephone
(615) 736–7847, email
valerie.j.mccormack@usace.army.mil by
August 18, 2017. After that date, if no
additional requestors have come
forward, transfer of control of the
human remains and associated funerary
objects to the Cherokee Nation, Eastern
Band of Cherokee Indians, and United
Keetoowah Band of Cherokee Indians in
Oklahoma may proceed.
The U.S. Army Corps of Engineers,
Nashville District is responsible for
notifying The Consulted Tribes that this
notice has been published.
Dated: June 1, 2017.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017–15106 Filed 7–18–17; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1015]
Certain Hand Dryers and Housings for
Hand Dryers; Commission
Determination To Review In-Part an
Initial Determination Granting
Complainant’s Motion for Summary
Determination of Section 337 Violation
by the Defaulting Respondents
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
SUMMARY:
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in-part an initial determination (‘‘ID’’)
(Order No. 27) of the presiding
administrative law judge (‘‘ALJ’’)
granting Complainant’s motion for
summary determination of section 337
violation by Defaulting Respondents.
Specifically, the Commission has
determined to review the ID’s analysis
and findings with respect to the
existence of a domestic industry. The
Commission also requests written
submissions, under the schedule set
forth below, on remedy, the public
interest, and bonding.
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 this investigation
on August 1, 2016, based on a complaint
filed by Complainant Excel Dryer, Inc.
of East Longmeadow, Massachusetts,
alleging a violation of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based upon
the importation into the United States,
or in the sale of certain hand dryers and
housings for hand dryers by reason of
trade dress infringement, the threat or
effect of which is to destroy or
substantially injure an industry in the
United States. See 81 FR 50549–50
(Aug. 1, 2016). The notice of
investigation identified twelve
respondents, namely: ACL Group (Intl.)
Ltd. of Skelbrooke, United Kingdom
(‘‘ACL’’); Alpine Industries Inc. of
Irvington, New Jersey (‘‘Alpine’’);
FactoryDirectSale of Ontario, California;
Fujian Oryth Industrial Co., Ltd. (a/k/a
Oryth) of Fujian, China (‘‘Oryth’’);
Jinhua Kingwe Electrical Co. Ltd., (a/k/
a Kingwe) of Jinhua City, China
(‘‘Kingwe’’); Penson & Co. of Shanghai,
China (‘‘Penson’’); Taizhou Dihour
Electrical Appliances Co., Ltd., a/k/a
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Dihour of Wenling City, China
(‘‘Dihour’’); TC Bunny Co., Ltd. of
Shanghai, China (‘‘TC Bunny’’);
Toolsempire of Ontario, California; US
Air Hand Dryer of Sacramento,
California (‘‘US Air’’); Sovereign
Industrial (Jiaxing) Co. Ltd. d/b/a
Vinovo of Jiaxing, China (‘‘Vinovo’’);
and Zhejiang Aike Appliance Co., Ltd.
of Zhejiang, China (‘‘Aike’’). See id. In
addition, the Office of Unfair Import
Investigations is a party in this
investigation. See id.
The ALJ terminated six respondents
from the investigation based on consent
order stipulations and the entry of
consent orders, namely: Respondent
Alpine (Order No. 11 (Sept. 8, 2016),
unreviewed, Comm’n Notice (Oct. 11,
2016)); Respondent Kingwe (Order No.
12 (Sept. 8, 2016), unreviewed, Comm’n
Notice (Oct. 11, 2016)); Respondent ACL
(Order No. 15 (Sept. 28, 2016),
unreviewed, Comm’n Notice (Oct. 27,
2016)); Respondent Aike (Order No. 16
(Oct. 4, 2016), unreviewed, Comm’n
Notice (Nov. 3, 2016)); Respondent
Toolsempire (Order No. 18 (Oct. 11,
2016) unreviewed, Comm’n Notice (Nov.
14, 2016)); and Respondent
FactoryDirectSale (Order No. 19 (Oct.
11, 2016), unreviewed, Comm’n Notice
(Nov. 14, 2016)). The ALJ found the six
remaining respondents in default
(collectively, ‘‘the Defaulting
Respondents’’) based on their failure to
respond to the complaint and notice of
investigation, namely: Respondents
Penson and Dihour (Order No. 21 (Oct.
31, 2016), unreviewed, Comm’n Notice
(Nov. 28, 2016)); and Respondents US
Air, Oryth, TC Bunny, and Vinovo
(Order No. 24 (Feb. 2, 2017),
unreviewed, Comm’n Notice (Feb. 22,
2017)).
On March 24, 2017, Complainant
Excel filed a motion for summary
determination on domestic industry and
violation of section 337 by the
Defaulting Respondents. Complainant
Excel also requested a general exclusion
order, cease and desist orders, and a
bond of 100% during Presidential
review. On April 5, 2017, the
Commission Investigative Attorney filed
a response in support of Complainant’s
Motion and requested remedy. On June
2, 2017, the ALJ issued the subject ID/
RD (Order No. 27) granting
Complainant’s motion for summary
determination on domestic industry and
violation of section 337 by the
Defaulting Respondents and
recommending that the Commission
issue a general exclusion order and
cease and desist orders, and set a bond
at 100% during the Presidential review
period. No petitions for review of the
subject ID were filed.
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The Commission has determined to
review the ID in-part. Specifically, the
Commission has determined to review
the ID’s analysis and findings with
respect to the existence of a domestic
industry. The Commission does not
request any submissions on the issue
under review.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) 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. 337–TA–360, USITC
Pub. No. 2843 (Dec. 1994) (Comm’n
Op.). In particular, the written
submissions should address any request
for a cease and desist order in the
context of recent Commission opinions,
including those in Certain Arrowheads
with Deploying Blades and Components
Thereof and Packaging Therefor, Inv.
No. 337–TA–977, Comm’n Op. (Apr. 28,
2017) and Certain Electric Skin Care
Devices, Brushes and Chargers Therefor,
and Kits Containing the Same, Inv. No.
337–TA–959, Comm’n Op. (Feb. 13,
2017). Specifically, if Complainant
seeks a cease and desist order against a
defaulting respondent, the written
submissions should respond to the
following requests:
(1) Please identify with citations to
the record any information regarding
commercially significant inventory in
the United States as to each respondent
against whom a cease and desist order
is sought. If Complainant also relies on
other significant domestic operations
that could undercut the remedy
provided by an exclusion order, please
identify with citations to the record
such information as to each respondent
against whom a cease and desist order
is sought.
(2) In relation to the infringing
products, please identify any
information in the record, including
allegations in the pleadings, that
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33157
addresses the existence of any domestic
inventory, any domestic operations, or
any sales-related activity directed at the
United States for each respondent
against whom a cease and desist order
is sought.
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
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
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: 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.
Complainant and the Commission
investigative attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration.
Complainant is also requested to state
the HTSUS numbers under which the
accused products are imported and to
supply the names of known importers of
the infringing articles.
Written submissions must be filed no
later than close of business on July 28,
2017. Reply submissions must be filed
no later than the close of business on
August 4, 2017. Such submissions
should address the ALJ’s recommended
determinations on remedy and bonding
which were made in Order No. 27. No
further submissions on any of 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
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Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
stated above and submit eight (8) true
paper copies to the Office of the
Secretary by noon the next day pursuant
to section 210.4(f) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1015’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/documents/handbook_on_
filing_procedures.pdf). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. 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,1 solely for cybersecurity
purposes. All non-confidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.
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 July 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–15137 Filed 7–18–17; 8:45 am]
BILLING CODE 7020–02–P
1 All contract personnel will sign appropriate
nondisclosure agreements.
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–0080]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension
Without Change of a Currently
Approved Collection; Notification of
Change of Mailing or Premise Address
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 60 days until
September 18, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments,
particularly with respect to the
estimated public burden or associated
response time, have suggestions, need a
copy of the proposed information
collection instrument with instructions,
or desire any additional information,
please contact Shawn Stevens, ATF
Industry Liaison, Federal Explosives
Licensing Center, either by mail at
Federal Explosives Licensing Center,
244 Needy Road, Martinsburg, WV
25405 or by email at Shawn.Stevens@
atf.gov.
SUMMARY:
Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—Minimize the burden of the collection
of information on those who are to
SUPPLEMENTARY INFORMATION:
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Fmt 4703
Sfmt 4703
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of this information
collection:
1. Type of Information Collection
(check justification or form 83):
Extension, without change, of a
currently approved collection.
2. The Title of the Form/Collection:
Notification of Change of Mailing or
Premise Address.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number (if applicable): None.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Business or other for-profit
Other (if applicable): Individuals or
households
Abstract: During the term of a license
or permit, a licensee or permittee may
move his business or operations to a
new address at which he intends to
regularly carry on his business or
operations, without procuring a new
license or permit. However, in every
case, the licensee or permittee shall
notify the Chief, Federal Explosives
Licensing Center of the change. This
collection of information is contained in
27 CFR 555.54.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 1,000
respondents will utilize this collection,
and it will take each respondent
approximately 10 minutes to prepare
the required response to this collection.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
170 hours which is equal to 1000 (the
total # of respondents) * .17 (10
minutes).
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., 3E.405A,
Washington, DC 20530.
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Agencies
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33156-33158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15137]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1015]
Certain Hand Dryers and Housings for Hand Dryers; Commission
Determination To Review In-Part an Initial Determination Granting
Complainant's Motion for Summary Determination of Section 337 Violation
by the Defaulting Respondents
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in-part an initial determination
(``ID'') (Order No. 27) of the presiding administrative law judge
(``ALJ'') granting Complainant's motion for summary determination of
section 337 violation by Defaulting Respondents. Specifically, the
Commission has determined to review the ID's analysis and findings with
respect to the existence of a domestic industry. The Commission also
requests written submissions, under the schedule set forth below, on
remedy, the public interest, and bonding.
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 this investigation
on August 1, 2016, based on a complaint filed by Complainant Excel
Dryer, Inc. of East Longmeadow, Massachusetts, alleging a violation of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), based upon the importation into the United States,
or in the sale of certain hand dryers and housings for hand dryers by
reason of trade dress infringement, the threat or effect of which is to
destroy or substantially injure an industry in the United States. See
81 FR 50549-50 (Aug. 1, 2016). The notice of investigation identified
twelve respondents, namely: ACL Group (Intl.) Ltd. of Skelbrooke,
United Kingdom (``ACL''); Alpine Industries Inc. of Irvington, New
Jersey (``Alpine''); FactoryDirectSale of Ontario, California; Fujian
Oryth Industrial Co., Ltd. (a/k/a Oryth) of Fujian, China (``Oryth'');
Jinhua Kingwe Electrical Co. Ltd., (a/k/a Kingwe) of Jinhua City, China
(``Kingwe''); Penson & Co. of Shanghai, China (``Penson''); Taizhou
Dihour Electrical Appliances Co., Ltd., a/k/a
[[Page 33157]]
Dihour of Wenling City, China (``Dihour''); TC Bunny Co., Ltd. of
Shanghai, China (``TC Bunny''); Toolsempire of Ontario, California; US
Air Hand Dryer of Sacramento, California (``US Air''); Sovereign
Industrial (Jiaxing) Co. Ltd. d/b/a Vinovo of Jiaxing, China
(``Vinovo''); and Zhejiang Aike Appliance Co., Ltd. of Zhejiang, China
(``Aike''). See id. In addition, the Office of Unfair Import
Investigations is a party in this investigation. See id.
The ALJ terminated six respondents from the investigation based on
consent order stipulations and the entry of consent orders, namely:
Respondent Alpine (Order No. 11 (Sept. 8, 2016), unreviewed, Comm'n
Notice (Oct. 11, 2016)); Respondent Kingwe (Order No. 12 (Sept. 8,
2016), unreviewed, Comm'n Notice (Oct. 11, 2016)); Respondent ACL
(Order No. 15 (Sept. 28, 2016), unreviewed, Comm'n Notice (Oct. 27,
2016)); Respondent Aike (Order No. 16 (Oct. 4, 2016), unreviewed,
Comm'n Notice (Nov. 3, 2016)); Respondent Toolsempire (Order No. 18
(Oct. 11, 2016) unreviewed, Comm'n Notice (Nov. 14, 2016)); and
Respondent FactoryDirectSale (Order No. 19 (Oct. 11, 2016), unreviewed,
Comm'n Notice (Nov. 14, 2016)). The ALJ found the six remaining
respondents in default (collectively, ``the Defaulting Respondents'')
based on their failure to respond to the complaint and notice of
investigation, namely: Respondents Penson and Dihour (Order No. 21
(Oct. 31, 2016), unreviewed, Comm'n Notice (Nov. 28, 2016)); and
Respondents US Air, Oryth, TC Bunny, and Vinovo (Order No. 24 (Feb. 2,
2017), unreviewed, Comm'n Notice (Feb. 22, 2017)).
On March 24, 2017, Complainant Excel filed a motion for summary
determination on domestic industry and violation of section 337 by the
Defaulting Respondents. Complainant Excel also requested a general
exclusion order, cease and desist orders, and a bond of 100% during
Presidential review. On April 5, 2017, the Commission Investigative
Attorney filed a response in support of Complainant's Motion and
requested remedy. On June 2, 2017, the ALJ issued the subject ID/RD
(Order No. 27) granting Complainant's motion for summary determination
on domestic industry and violation of section 337 by the Defaulting
Respondents and recommending that the Commission issue a general
exclusion order and cease and desist orders, and set a bond at 100%
during the Presidential review period. No petitions for review of the
subject ID were filed.
The Commission has determined to review the ID in-part.
Specifically, the Commission has determined to review the ID's analysis
and findings with respect to the existence of a domestic industry. The
Commission does not request any submissions on the issue under review.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) 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. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994)
(Comm'n Op.). In particular, the written submissions should address any
request for a cease and desist order in the context of recent
Commission opinions, including those in Certain Arrowheads with
Deploying Blades and Components Thereof and Packaging Therefor, Inv.
No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain Electric Skin
Care Devices, Brushes and Chargers Therefor, and Kits Containing the
Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). Specifically, if
Complainant seeks a cease and desist order against a defaulting
respondent, the written submissions should respond to the following
requests:
(1) Please identify with citations to the record any information
regarding commercially significant inventory in the United States as to
each respondent against whom a cease and desist order is sought. If
Complainant also relies on other significant domestic operations that
could undercut the remedy provided by an exclusion order, please
identify with citations to the record such information as to each
respondent against whom a cease and desist order is sought.
(2) In relation to the infringing products, please identify any
information in the record, including allegations in the pleadings, that
addresses the existence of any domestic inventory, any domestic
operations, or any sales-related activity directed at the United States
for each respondent against whom a cease and desist order is sought.
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
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. 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: 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. Complainant and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainant is also requested to state the HTSUS numbers
under which the accused products are imported and to supply the names
of known importers of the infringing articles.
Written submissions must be filed no later than close of business
on July 28, 2017. Reply submissions must be filed no later than the
close of business on August 4, 2017. Such submissions should address
the ALJ's recommended determinations on remedy and bonding which were
made in Order No. 27. No further submissions on any of 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
[[Page 33158]]
stated above and submit eight (8) true paper copies to the Office of
the Secretary by noon the next day pursuant to section 210.4(f) of the
Commission's Rules of Practice and Procedure (19 CFR 210.4(f)).
Submissions should refer to the investigation number (``Inv. No. 337-
TA-1015'') in a prominent place on the cover page and/or the first
page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf).
Persons with questions regarding filing should contact the Secretary
(202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. 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,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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 July 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-15137 Filed 7-18-17; 8:45 am]
BILLING CODE 7020-02-P