Certain Carbon and Alloy Steel Products; Commission Determination To Terminate the Investigation With Respect to the Antitrust Claim; Request for Written Submissions on Remedy, the Public Interest, and Bonding With Respect to Defaulting Respondents, 12592-12594 [2018-05815]
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices
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DEPARTMENT OF THE INTERIOR
National Park Service
INTERNATIONAL TRADE
COMMISSION
[NPS–WASO–NAGPRA–NPS0025151;
PPWOCRADN0–PCU00RP14.R50000]
[Investigation No. 337–TA–1002]
Notice of Inventory Completion:
Tennessee Valley Authority, Knoxville,
TN; Correction
National Park Service, Interior.
Notice; correction.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) has corrected a Notice
of Inventory Completion published in
the Federal Register on February 23,
2018. This notice adds a paragraph that
was inadvertently left out.
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SUMMARY:
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Certain Carbon and Alloy Steel
Products; Commission Determination
To Terminate the Investigation With
Respect to the Antitrust Claim;
Request for Written Submissions on
Remedy, the Public Interest, and
Bonding With Respect to Defaulting
Respondents
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to
terminate the investigation with respect
to a claim by complainant United States
Steel Corporation of Pittsburgh,
Pennsylvania (‘‘U.S. Steel’’) for violation
of section 337 based on a conspiracy to
fix prices and control output and export
volumes in violation of the antitrust
laws of the United States. The
SUMMARY:
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Sfmt 4703
Commission requests written
submissions, under the schedule set
forth below, on remedy, public interest,
and bonding concerning the previously
defaulted respondents subject to the
false designation of origin claim.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2301. 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 Inv. No. 337–
TA–1002 on June 2, 2016, based on a
complaint filed by complainant U.S.
Steel, alleging a violation of section 337
of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 (‘‘section 337’’). See 81
FR 35381 (June 2, 2016). The complaint
alleges violations of section 337 based
upon the importation into the United
States, or in the sale after importation of
certain carbon and alloy steel products
by reason of: (1) A conspiracy to fix
prices and control output and export
volumes, the threat or effect of which is
to restrain or monopolize trade and
commerce in the United States; (2)
misappropriation and use of trade
secrets, the threat or effect of which is
to destroy or substantially injure an
industry in the United States; and (3)
false designation of origin or
manufacturer, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
Id. The notice of investigation identified
forty (40) respondents that are Chinese
steel manufacturers or distributors, as
well as some of their Hong Kong and
United States affiliates. Id. In addition,
the Office of Unfair Import
Investigations is also a party in this
investigation. Id. Eighteen (18)
respondents participated in the
investigation and all other respondents
were found in default, including fifteen
(15) respondents that are subject to the
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices
false designation of origin claim: (1)
Shandong Iron and Steel Group Co. Ltd.
of Jinan City, China; Shandong Iron and
Steel Co., Ltd. of Jinan City, China;
Jigang Hong Kong Holdings Co., Ltd. of
Hong Kong, China; and Jinan Steel
International Trade Co., Ltd. of Jinan
City, China; (2) Benxi Iron and Steel
(Group) International Economic and
Trading Co. Ltd. and Benxi Steel
(Group) Co. Ltd., both of Benxi City,
China; and (3) Tianjin Tiangang Guanye
Co., Ltd. of Tianjin, China; Wuxi Sunny
Xin Rui Science and Technology Co.,
Ltd. of Wuxi Province, China; Taian JNC
Industrial Co., Ltd. of Tai’an City,
China; EQ Metal (Shanghai) Co., Ltd. of
Shanghai, China; Kunshan Xinbei
International Trade Co., Ltd. of Jiangsu,
China; Tianjin Xinhai Trade Co., Ltd. of
Tianjin, China; Tianjin Xinlianxin Steel
Pipe Co., Ltd. of Tianjin, China; Tianjin
Xinyue Industrial and Trade Co., Ltd. of
Tianjin, China; and Xian Linkun
Materials (Steel Pipe Supplies) Co., Ltd.
of Xi’an City, China (collectively, the
‘‘Defaulting Respondents’’). See
Comm’n Notice (Oct. 14, 2016), Comm’n
Notice (Oct. 18, 2016), Comm’n Notice
(Nov. 18, 2016).
On August 26, 2016, the participating
respondents filed a motion to terminate
U.S. Steel’s antitrust claim under 19
CFR 210.21. On November 14, 2016, the
presiding administrative law judge
(‘‘ALJ’’) issued an initial determination
(‘‘ID’’), granting Respondents’ motion to
terminate Complainant’s antitrust claim
under 19 CFR 210.21 and, in the
alternative, under 19 CFR 210.18. Order
No. 38 (Nov. 14, 2016). On December
19, 2016, the Commission issued a
Notice determining to review Order No.
38. See 81 FR 94416–7 (Dec. 23, 2016).
On April 20, 2017, the Commission held
an oral argument on the issue of
whether a complainant alleging a
violation of section 337 based on
antitrust law must show antitrust injury.
On February 15, 2017, U.S. Steel filed
a motion to partially terminate the
investigation on the basis of withdrawal
of its trade secret allegations, which
were alleged against only certain of the
participating respondents. On February
22, 2017, the ALJ issued an ID, granting
U.S. Steel’s motion to terminate the
investigation with respect to its trade
secret allegations. Order No. 56 (Feb. 22,
2017). On March 24, 2017, the
Commission determined not to review
Order No. 56. Comm’n Notice (Mar. 24,
2017).
On October 2, 2017, the ALJ issued an
ID, granting the remaining participating
respondents’ motions for summary
determination of no section 337
violation based on false designation of
origin. Order No. 103 (Oct. 2, 2017). On
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November 1, 2017, the Commission
determined not to review Order No. 103.
Comm’n Notice (Nov. 1, 2017).
Having examined the record of this
investigation, including Order No. 38,
the petitions for review, the responses
thereto, the parties’ submissions on
review, and the parties’ statements at
the oral argument, the Commission has
determined that a complainant alleging
a violation of section 337 based on
antitrust law must show antitrust injury,
which is a standing requirement. The
Commission finds that U.S. Steel has
failed to plead antitrust injury and U.S.
Steel has taken the position that, if
given the opportunity to amend the
complaint, it will not be able to plead
or demonstrate antitrust injury.
Accordingly the Commission has
determined to terminate the
investigation with respect to U.S. Steel’s
antitrust claim. Commissioner
Broadbent dissents and has filed a
dissenting opinion.
Section 337(g)(1) and Commission
Rule 210.16(c) authorize the
Commission to order relief against any
defaulting respondent against which
U.S. Steel alleged false designation of
origin, unless, after considering the
public interest, the Commission finds
that such relief should not issue. Given
the disposition of the underlying false
designation of origin claims for the
participating respondents in Order No.
103, any relief issued in this
investigation would not apply to the
participating respondents.
In connection with the final
disposition of this investigation, the
Commission may: (1) Issue an order that
could result in the exclusion of articles
manufactured or imported by the
Defaulting Respondents; and/or (2) issue
cease and desist orders that could result
in the Defaulting Respondents 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, Comm’n Op. at 7–10
(December 1994).
If the Commission contemplates some
form of remedy, it must consider the
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12593
effects of that remedy upon the public
interest. The factors that the
Commission will consider include the
effect that the exclusion order and/or
cease and desists 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, including the Office of
Unfair Import Investigations, 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 Office of
Unfair Import Investigations are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is further
requested to state the HTSUS numbers
under which the accused products are
imported and any known importers of
the accused products. The written
submissions and proposed remedial
orders must be filed no later than close
of business on March 30, 2018. Initial
submissions are limited to 50 pages, not
including any attachments or exhibits
related to discussion of the public
interest. Reply submissions must be
filed no later than the close of business
on April 6, 2018. Reply submissions are
limited to 25 pages, not including any
attachments or exhibits related to
discussion of remedy, the public
interest, and bonding. No further
submissions on 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
stated above and submit 8 true paper
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices
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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–1002’’) 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 nonconfidential 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: March 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–05815 Filed 3–21–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–598–600 and
731–TA–1408–1410 (Preliminary)]
Rubber Bands From China, Sri Lanka,
and Thailand; Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
threatened with material injury by
reason of imports of rubber bands from
China and Thailand provided for in
subheadings 4016.99.35 and 4016.99.60
(statistical reporting numbers
4016.99.3510 and 4016.99.6050) of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value (‘‘LTFV’’) and to be subsidized by
the governments of China and Thailand.
The Commission further determines that
imports of rubber bands from Sri Lanka
that are alleged to be sold in the United
States at LTFV and to be subsidized by
the government of Sri Lanka are
negligible pursuant to section 771(24) of
the Act, and its antidumping and
countervailing duty investigations with
regard to rubber bands from this country
are thereby terminated pursuant to
section 703(a)(1) of the Act.
Commencement of Final Phase
Investigations
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations
regarding imports of rubber bands from
China and Thailand. The Commission
will issue a final phase notice of
scheduling, which will be published in
the Federal Register as provided in
section 207.21 of the Commission’s
rules, upon notice from the U.S.
Department of Commerce (‘‘Commerce’’)
of affirmative preliminary
determinations in the investigations
under sections 703(b) or 733(b) of the
Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under sections 705(a) or 735(a) of the
Act. Parties that filed entries of
appearance in the preliminary phase of
the investigations need not enter a
separate appearance for the final phase
of the investigations. Industrial users,
1 The
1 All contract personnel will sign appropriate
nondisclosure agreements.
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19:32 Mar 21, 2018
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record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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and, if the merchandise under
investigation is sold at the retail level,
representative consumer organizations
have the right to appear as parties in
Commission antidumping and
countervailing duty investigations. The
Secretary will prepare a public service
list containing the names and addresses
of all persons, or their representatives,
who are parties to the investigations.
Background
On January 30, 2018, Alliance Rubber
Co., Hot Springs, Arkansas filed
petitions with the Commission and
Commerce, alleging that an industry in
the United States is materially injured
or threatened with material injury by
reason of LTFV and subsidized imports
of rubber bands from China, Sri Lanka,
and Thailand. Accordingly, effective
January 30, 2018, the Commission,
pursuant to sections 703(a) and 733(a) of
the Act (19 U.S.C. 1671b(a) and
1673b(a)), instituted countervailing duty
investigation Nos. 701–TA–598–600 and
antidumping duty investigation Nos.
731–TA–1408–1410 (Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of February 5, 2018 (83
FR 5143). The conference was held in
Washington, DC, on February 20, 2018,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
703(a) and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on March 19, 2018.2 The
views of the Commission are contained
in USITC Publication 4770 (March
2018), entitled Rubber Bands from
China, Sri Lanka, and Thailand:
Investigation Nos. 701–TA–598–600 and
731–TA–1408–1410 (Preliminary).
By order of the Commission.
Issued: March 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–05834 Filed 3–21–18; 8:45 am]
BILLING CODE 7020–02–P
2 Due to the Federal government weather-related
closure on March 2, 2018, these investigations have
been tolled by one day pursuant to 19 U.S.C.
1671b(a)(2), 1673b(a)(2).
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]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12592-12594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05815]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1002]
Certain Carbon and Alloy Steel Products; Commission Determination
To Terminate the Investigation With Respect to the Antitrust Claim;
Request for Written Submissions on Remedy, the Public Interest, and
Bonding With Respect to 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 terminate the investigation with respect
to a claim by complainant United States Steel Corporation of
Pittsburgh, Pennsylvania (``U.S. Steel'') for violation of section 337
based on a conspiracy to fix prices and control output and export
volumes in violation of the antitrust laws of the United States. The
Commission requests written submissions, under the schedule set forth
below, on remedy, public interest, and bonding concerning the
previously defaulted respondents subject to the false designation of
origin claim.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2301. 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 Inv. No. 337-TA-
1002 on June 2, 2016, based on a complaint filed by complainant U.S.
Steel, alleging a violation of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (``section 337''). See 81 FR 35381 (June 2,
2016). The complaint alleges violations of section 337 based upon the
importation into the United States, or in the sale after importation of
certain carbon and alloy steel products by reason of: (1) A conspiracy
to fix prices and control output and export volumes, the threat or
effect of which is to restrain or monopolize trade and commerce in the
United States; (2) misappropriation and use of trade secrets, the
threat or effect of which is to destroy or substantially injure an
industry in the United States; and (3) false designation of origin or
manufacturer, the threat or effect of which is to destroy or
substantially injure an industry in the United States. Id. The notice
of investigation identified forty (40) respondents that are Chinese
steel manufacturers or distributors, as well as some of their Hong Kong
and United States affiliates. Id. In addition, the Office of Unfair
Import Investigations is also a party in this investigation. Id.
Eighteen (18) respondents participated in the investigation and all
other respondents were found in default, including fifteen (15)
respondents that are subject to the
[[Page 12593]]
false designation of origin claim: (1) Shandong Iron and Steel Group
Co. Ltd. of Jinan City, China; Shandong Iron and Steel Co., Ltd. of
Jinan City, China; Jigang Hong Kong Holdings Co., Ltd. of Hong Kong,
China; and Jinan Steel International Trade Co., Ltd. of Jinan City,
China; (2) Benxi Iron and Steel (Group) International Economic and
Trading Co. Ltd. and Benxi Steel (Group) Co. Ltd., both of Benxi City,
China; and (3) Tianjin Tiangang Guanye Co., Ltd. of Tianjin, China;
Wuxi Sunny Xin Rui Science and Technology Co., Ltd. of Wuxi Province,
China; Taian JNC Industrial Co., Ltd. of Tai'an City, China; EQ Metal
(Shanghai) Co., Ltd. of Shanghai, China; Kunshan Xinbei International
Trade Co., Ltd. of Jiangsu, China; Tianjin Xinhai Trade Co., Ltd. of
Tianjin, China; Tianjin Xinlianxin Steel Pipe Co., Ltd. of Tianjin,
China; Tianjin Xinyue Industrial and Trade Co., Ltd. of Tianjin, China;
and Xian Linkun Materials (Steel Pipe Supplies) Co., Ltd. of Xi'an
City, China (collectively, the ``Defaulting Respondents''). See Comm'n
Notice (Oct. 14, 2016), Comm'n Notice (Oct. 18, 2016), Comm'n Notice
(Nov. 18, 2016).
On August 26, 2016, the participating respondents filed a motion to
terminate U.S. Steel's antitrust claim under 19 CFR 210.21. On November
14, 2016, the presiding administrative law judge (``ALJ'') issued an
initial determination (``ID''), granting Respondents' motion to
terminate Complainant's antitrust claim under 19 CFR 210.21 and, in the
alternative, under 19 CFR 210.18. Order No. 38 (Nov. 14, 2016). On
December 19, 2016, the Commission issued a Notice determining to review
Order No. 38. See 81 FR 94416-7 (Dec. 23, 2016). On April 20, 2017, the
Commission held an oral argument on the issue of whether a complainant
alleging a violation of section 337 based on antitrust law must show
antitrust injury.
On February 15, 2017, U.S. Steel filed a motion to partially
terminate the investigation on the basis of withdrawal of its trade
secret allegations, which were alleged against only certain of the
participating respondents. On February 22, 2017, the ALJ issued an ID,
granting U.S. Steel's motion to terminate the investigation with
respect to its trade secret allegations. Order No. 56 (Feb. 22, 2017).
On March 24, 2017, the Commission determined not to review Order No.
56. Comm'n Notice (Mar. 24, 2017).
On October 2, 2017, the ALJ issued an ID, granting the remaining
participating respondents' motions for summary determination of no
section 337 violation based on false designation of origin. Order No.
103 (Oct. 2, 2017). On November 1, 2017, the Commission determined not
to review Order No. 103. Comm'n Notice (Nov. 1, 2017).
Having examined the record of this investigation, including Order
No. 38, the petitions for review, the responses thereto, the parties'
submissions on review, and the parties' statements at the oral
argument, the Commission has determined that a complainant alleging a
violation of section 337 based on antitrust law must show antitrust
injury, which is a standing requirement. The Commission finds that U.S.
Steel has failed to plead antitrust injury and U.S. Steel has taken the
position that, if given the opportunity to amend the complaint, it will
not be able to plead or demonstrate antitrust injury. Accordingly the
Commission has determined to terminate the investigation with respect
to U.S. Steel's antitrust claim. Commissioner Broadbent dissents and
has filed a dissenting opinion.
Section 337(g)(1) and Commission Rule 210.16(c) authorize the
Commission to order relief against any defaulting respondent against
which U.S. Steel alleged false designation of origin, unless, after
considering the public interest, the Commission finds that such relief
should not issue. Given the disposition of the underlying false
designation of origin claims for the participating respondents in Order
No. 103, any relief issued in this investigation would not apply to the
participating respondents.
In connection with the final disposition of this investigation, the
Commission may: (1) Issue an order that could result in the exclusion
of articles manufactured or imported by the Defaulting Respondents;
and/or (2) issue cease and desist orders that could result in the
Defaulting Respondents 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, Comm'n Op. at 7-10 (December 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors that the Commission will consider include the effect that the
exclusion order and/or cease and desists 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, including the
Office of Unfair Import Investigations, 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 Office of Unfair Import Investigations are also
requested to submit proposed remedial orders for the Commission's
consideration. Complainant is further requested to state the HTSUS
numbers under which the accused products are imported and any known
importers of the accused products. The written submissions and proposed
remedial orders must be filed no later than close of business on March
30, 2018. Initial submissions are limited to 50 pages, not including
any attachments or exhibits related to discussion of the public
interest. Reply submissions must be filed no later than the close of
business on April 6, 2018. Reply submissions are limited to 25 pages,
not including any attachments or exhibits related to discussion of
remedy, the public interest, and bonding. No further submissions on
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 stated above and submit 8
true paper
[[Page 12594]]
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-1002'') 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 nonconfidential 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).
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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By order of the Commission.
Issued: March 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-05815 Filed 3-21-18; 8:45 am]
BILLING CODE 7020-02-P
