The Appointment of the Commission's Administrative Law Judges for Section 337 Investigations, 45678-45679 [2018-19584]
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
Fitness Systems, Inc. on September 4,
2018. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain strength-training systems and
components thereof. The complaint
names as respondents: TuffStuff Fitness
International, Inc., of Chino, CA; and
Shandong Relax Health Industry Co.
Ltd. of China. The complainant requests
that the Commission issue a limited
exclusion order, cease and desist orders
and impose a bond during the 60-day
review period pursuant to 19 U.S.C.
1337(j).
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or § 210.8(b) filing. Comments should
address whether issuance of the relief
specifically requested by the
complainant in this investigation would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions on the public
interest must be filed no later than by
close of business, eight calendar days
after the date of publication of this
notice in the Federal Register. There
will be further opportunities for
comment on the public interest after the
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17:54 Sep 07, 2018
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issuance of any final initial
determination in this investigation. Any
written submissions on other issues
should be filed no later than by close of
business nine calendar days after the
date of publication of this notice in the
Federal Register. Complainant may file
a reply to any written submission no
later than the date on which
complainant’s reply would be due
under § 210.8(c)(2) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.8(c)(2)).
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to § 210.4(f)
of the Commission’s Rules of Practice
and Procedure (19 CFR 210.4(f)).
Submissions should refer to the docket
number (‘‘Docket No. 3338) in a
prominent place on the cover page and/
or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures).1 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 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
1 Handbook
for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
personnel,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: September 4, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–19500 Filed 9–7–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
The Appointment of the Commission’s
Administrative Law Judges for Section
337 Investigations
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission’s administrative law judges
(‘‘ALJs’’) have been appointed in
conformance with the Appointments
Clause of the U.S. Constitution and with
the Tariff Act.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. General information
concerning the Commission may also be
obtained by accessing its internet server
at https://www.usitc.gov. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the Commission
TDD terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), provides for
certain determinations to be ‘‘made on
the record after notice and opportunity
for a hearing in conformity with the
provisions of subchapter II of chapter 5
of title 5.’’ 19 U.S.C. 1337(c). Pursuant
to subchapter II of chapter 5 of title 5,
the Commission employs ALJs to
conduct formal adjudications and to
make initial and recommended
determinations. 5 U.S.C. 556–557; 19
CFR 210.3 (‘‘administrative law judge’’).
SUMMARY:
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
Pursuant to section 331 of the Tariff Act,
19 U.S.C. 1331, the Chairman of the
Commission has the authority to
‘‘appoint and fix the compensation of
such employees of the Commission as
he deems necessary,’’ including ALJs.
19 U.S.C. 1331(a)(1)(A)(1). Any such
decision by the Chairman, however, is
‘‘subject to disapproval by a majority
vote of all the commissioners in office.’’
Id. § 1331(a)(1)(C). The hiring of the
Commission’s ALJs has been in
conformity with Titles 5 and 19 of the
U.S. Code, as well as with such
regulations as were then in force by the
Office of Personnel Management, 5 CFR
930.201–.211.
The Appointments Clause of the
Constitution, art. II, § 2, cl. 2, provides,
in relevant part, that Congress may vest
the appointment of inferior officers ‘‘in
the Heads of Departments.’’ In the past
two years, there have been legal
developments concerning the
Appointments Clause. These
developments have included the 2016
decision of the U.S. Court of Appeals for
the Tenth Circuit finding ALJs of the
Securities and Exchange Commission
(‘‘SEC’’) to be ‘‘inferior officers’’ for the
purpose of the Appointments Clause,
Bandimere v. SEC, 844 F.3d 1168, 1188
(10th Cir. 2016), reh’g en banc denied
(May 3, 2017). In 2018, the Supreme
Court decided that the ALJs of the SEC
are inferior officers whose appointments
were to be made by SEC and not by the
SEC’s staff. Lucia v. SEC, 138 S. Ct.
2044, 2053–54 (2018); see Free
Enterprise Fund v. Public Company
Accounting Oversight Bd., 561 U.S. 477,
512 (2010).
The hiring of the Commission’s ALJs
is, and has been, consistent with the
Appointments Clause and with the
Commission’s organic statute.
Throughout at least the period of time
between the hiring of the most-senior
ALJ at the Commission (Chief Judge
Bullock) until the present, the
appointment of ALJs has been made by
the Chairman, and no Commissioner has
initiated a vote to disapprove the
appointment of an ALJ, as is the
Commissioner’s right under 19 U.S.C.
1331(a)(1)(C). Out of an abundance of
caution, on March 14 and 15, 2018, the
Commission (then-Chairman
Schmidtlein, joined by then-Vice
Chairman Johanson, and Commissioners
Williamson and Broadbent) voted, by
notational voting, to ratify the earlier
appointments of Judges Bullock, Lord,
McNamara, Pender and Shaw. Also out
of an abundance of caution, on February
8, 2018, the Commission voted, by
notational voting, in connection with
Judge Cheney’s original appointment.
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17:54 Sep 07, 2018
Jkt 244001
Accordingly, the Commission’s ALJs
have all been appointed and/or ratified
in conformance with the Constitution,
and all applicable statutes and
regulations. In addition, by this Notice,
the Commission reiterates its approval
of the appointments of Judges Bullock,
Cheney, Lord, McNamara, Pender, and
Shaw as its own under the Constitution.
By order of the Commission.
Issued: September 5, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–19584 Filed 9–7–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
September 12, 2018 at
11:00 a.m.
Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
PLACE:
STATUS:
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. No. 731–TA–1189
(Review)(Large Power Transformers
from Korea). The Commission is
currently scheduled to complete
and file its determination and views
of the Commission by September
26, 2018.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
Issued: September 5, 2018.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2018–19703 Filed 9–6–18; 4:15 pm]
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Frm 00086
Fmt 4703
Sfmt 4703
[Investigation No. 337–TA–1053]
Certain Two-Way Radio Equipment and
Systems, Related Software and
Components Thereof; Commission
Determination To Review in Part an
Initial Determination Finding a
Violation of Section 337 and Order
Nos. 38 and 47; To Request Written
Submissions on Remedy, Bonding,
and the Public Interest; and To Extend
the Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part a final initial determination
(‘‘ID’’) of the presiding administrative
law judge (‘‘ALJ’’) finding a violation of
section 337 and the ALJ’s Order Nos. 38
and 47. The Commission is requesting
written submissions on remedy,
bonding, and the public interest
including submissions in response to
certain questions directed to the public
interest. The Commission has also
extended the target date for completion
of the investigation to November 16,
2018.
FOR FURTHER INFORMATION CONTACT:
Open to the public.
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
SUMMARY:
[USITC SE–18–041]
TIME AND DATE:
45679
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2310. 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 May 3, 2017, based on a complaint
filed on behalf of Motorola Solutions,
Inc. (‘‘Motorola’’) of Chicago, Illinois. 82
FR 20635–36. The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
E:\FR\FM\10SEN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45678-45679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19584]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
The Appointment of the Commission's Administrative Law Judges for
Section 337 Investigations
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission's administrative law judges (``ALJs'') have been appointed
in conformance with the Appointments Clause of the U.S. Constitution
and with the Tariff Act.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2532. General information
concerning the Commission may also be obtained by accessing its
internet server at https://www.usitc.gov. Hearing-impaired persons are
advised that information on this matter can be obtained by contacting
the Commission TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), provides for certain determinations to be
``made on the record after notice and opportunity for a hearing in
conformity with the provisions of subchapter II of chapter 5 of title
5.'' 19 U.S.C. 1337(c). Pursuant to subchapter II of chapter 5 of title
5, the Commission employs ALJs to conduct formal adjudications and to
make initial and recommended determinations. 5 U.S.C. 556-557; 19 CFR
210.3 (``administrative law judge'').
[[Page 45679]]
Pursuant to section 331 of the Tariff Act, 19 U.S.C. 1331, the Chairman
of the Commission has the authority to ``appoint and fix the
compensation of such employees of the Commission as he deems
necessary,'' including ALJs. 19 U.S.C. 1331(a)(1)(A)(1). Any such
decision by the Chairman, however, is ``subject to disapproval by a
majority vote of all the commissioners in office.'' Id. Sec.
1331(a)(1)(C). The hiring of the Commission's ALJs has been in
conformity with Titles 5 and 19 of the U.S. Code, as well as with such
regulations as were then in force by the Office of Personnel
Management, 5 CFR 930.201-.211.
The Appointments Clause of the Constitution, art. II, Sec. 2, cl.
2, provides, in relevant part, that Congress may vest the appointment
of inferior officers ``in the Heads of Departments.'' In the past two
years, there have been legal developments concerning the Appointments
Clause. These developments have included the 2016 decision of the U.S.
Court of Appeals for the Tenth Circuit finding ALJs of the Securities
and Exchange Commission (``SEC'') to be ``inferior officers'' for the
purpose of the Appointments Clause, Bandimere v. SEC, 844 F.3d 1168,
1188 (10th Cir. 2016), reh'g en banc denied (May 3, 2017). In 2018, the
Supreme Court decided that the ALJs of the SEC are inferior officers
whose appointments were to be made by SEC and not by the SEC's staff.
Lucia v. SEC, 138 S. Ct. 2044, 2053-54 (2018); see Free Enterprise Fund
v. Public Company Accounting Oversight Bd., 561 U.S. 477, 512 (2010).
The hiring of the Commission's ALJs is, and has been, consistent
with the Appointments Clause and with the Commission's organic statute.
Throughout at least the period of time between the hiring of the most-
senior ALJ at the Commission (Chief Judge Bullock) until the present,
the appointment of ALJs has been made by the Chairman, and no
Commissioner has initiated a vote to disapprove the appointment of an
ALJ, as is the Commissioner's right under 19 U.S.C. 1331(a)(1)(C). Out
of an abundance of caution, on March 14 and 15, 2018, the Commission
(then-Chairman Schmidtlein, joined by then-Vice Chairman Johanson, and
Commissioners Williamson and Broadbent) voted, by notational voting, to
ratify the earlier appointments of Judges Bullock, Lord, McNamara,
Pender and Shaw. Also out of an abundance of caution, on February 8,
2018, the Commission voted, by notational voting, in connection with
Judge Cheney's original appointment.
Accordingly, the Commission's ALJs have all been appointed and/or
ratified in conformance with the Constitution, and all applicable
statutes and regulations. In addition, by this Notice, the Commission
reiterates its approval of the appointments of Judges Bullock, Cheney,
Lord, McNamara, Pender, and Shaw as its own under the Constitution.
By order of the Commission.
Issued: September 5, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-19584 Filed 9-7-18; 8:45 am]
BILLING CODE 7020-02-P
