Certain Carbon and Alloy Steel Products; Commission Determination To Terminate the Investigation in Its Entirety, 16127 [2018-07666]
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices
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Lorri J. Gray,
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[FR Doc. 2018–07737 Filed 4–12–18; 8:45 am]
BILLING CODE 4332–90–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1002]
Certain Carbon and Alloy Steel
Products; Commission Determination
To Terminate the Investigation in Its
Entirety
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 in its
entirety.
SUMMARY:
daltland on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
17:41 Apr 12, 2018
Jkt 244001
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 United
States Steel Corporation of Pittsburgh,
Pennsylvania (‘‘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
false designation of origin claim
(‘‘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
PO 00000
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Fmt 4703
Sfmt 9990
16127
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).
On March 19, 2018, the Commission
terminated the investigation as to the
antitrust claim. Notice (Mar. 19, 2018).
In the same notice, the Commission
requested briefing on remedy, public
interest, and bonding concerning the
previously defaulted respondents
subject to the false designation of origin
claim. Id.
On March 30, 2018, U.S. Steel
submitted a letter indicating that it did
not intend to file a response to the
Commission’s request for briefing on
remedy, public interest, and bonding
concerning the previously defaulted
respondents subject to the false
designation of origin claim. Also on
March 30, 2018, OUII filed a response
to the Commission’s notice,
recommending that the Commission
decline to issue remedial orders against
the Defaulting Respondents under the
circumstances.
The Commission is authorized to
issue relief against defaulters pursuant
to section 337(g)(1) ‘‘upon request’’ from
the complainant. 19 U.S.C. 1337(g)(1).
Because U.S. Steel has abandoned its
request, as stated in the complaint, for
a remedy against the Defaulting
Respondents, the Commission has
determined to terminate the
investigation in its entirety.
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: April 9, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–07666 Filed 4–12–18; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\13APN1.SGM
13APN1
Agencies
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Page 16127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07666]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1002]
Certain Carbon and Alloy Steel Products; Commission Determination
To Terminate the Investigation in Its Entirety
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 in its
entirety.
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 United
States Steel Corporation of Pittsburgh, Pennsylvania (``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 false designation of origin claim
(``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).
On March 19, 2018, the Commission terminated the investigation as
to the antitrust claim. Notice (Mar. 19, 2018). In the same notice, the
Commission requested briefing on remedy, public interest, and bonding
concerning the previously defaulted respondents subject to the false
designation of origin claim. Id.
On March 30, 2018, U.S. Steel submitted a letter indicating that it
did not intend to file a response to the Commission's request for
briefing on remedy, public interest, and bonding concerning the
previously defaulted respondents subject to the false designation of
origin claim. Also on March 30, 2018, OUII filed a response to the
Commission's notice, recommending that the Commission decline to issue
remedial orders against the Defaulting Respondents under the
circumstances.
The Commission is authorized to issue relief against defaulters
pursuant to section 337(g)(1) ``upon request'' from the complainant. 19
U.S.C. 1337(g)(1). Because U.S. Steel has abandoned its request, as
stated in the complaint, for a remedy against the Defaulting
Respondents, the Commission has determined to terminate the
investigation in its entirety.
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: April 9, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-07666 Filed 4-12-18; 8:45 am]
BILLING CODE 7020-02-P