Certain Food Processing Equipment and Packaging Materials Thereof; Commission Determination Not To Review an Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 19955-19956 [2020-07430]

Download as PDF Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices Title of Collection: Oil and Gas Leasing: National Petroleum Reserve— Alaska. OMB Control Number: 1004–0196. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Participants in the oil and gas leasing program within the NPRA. Total Estimated Number of Annual Respondents: 21. Total Estimated Number of Annual Responses: 21. Estimated Completion Time per Response: Varies from 15 minutes to 80 hours, depending on the activity. Total Estimated Number of Annual Burden Hours: 218. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion. Total Estimated Annual Non-hour Burden Cost: None. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Faith Bremner, Senior Regulatory Analyst. [FR Doc. 2020–07510 Filed 4–8–20; 8:45 am] BILLING CODE 4310–JA–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1161] Certain Food Processing Equipment and Packaging Materials Thereof; Commission Determination Not To Review an Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 14) issued by the administrative law judge (‘‘ALJ’’) on February 18, 2020, granting summary determination that the defaulting respondents have violated section 337 of the Tariff Act of 1930, as amended. The Commission requests written submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:28 Apr 08, 2020 Jkt 250001 public interest, and bonding, under the schedule set forth below. FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–3427. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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’s TDD terminal, telephone 202–205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 18, 2019, based on a complaint filed by 3–A Sanitary Standards, Inc. of McLean, Virginia (‘‘Complainant’’). 84 FR 28335 (June 18, 2019). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation or sale of certain food processing equipment and packaging materials thereof by reason of false advertising and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States. The notice of investigation named as respondents Wenzhou QiMing Stainless Co., Ltd. of Wenzhou, China (‘‘Wenzhou QiMing’’); High MPa Valve Manufacturing Co., Ltd. of Wenzhou, China (‘‘High MPa Valve’’); Wenzhou Sinco Steel Co, Ltd. of Wenzhou, China (‘‘Wenzhou Sinco’’); Wenzhou Kasin Valve Pipe Fitting Co., Ltd. of Wenzhou, China (‘‘Wenzhou Kasin’’); and Wenzhou Fuchuang Machinery (‘‘Wenzhou Fuchuang’’) (collectively, ‘‘defaulting respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party to the investigation. Id. On October 15, 2019, the Commission found respondents Wenzhou QiMing, High MPa Valve, Wenzhou Sinco, and Wenzhou Kasin in default. Order No. 8 (Sept. 19, 2019), unreviewed, Notice (Oct. 15, 2019). On December 18, 2019, the Commission found Wenzhou Fuchuang in default. Order No. 13 (Nov. 19, 2019), unreviewed, Notice (Dec. 18, 2019). On November 7, 2019, 3–A SSI moved for summary determination of a violation of section 337 by the defaulting respondents. On November PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 19955 20, 2019, and December 3, 2019, 3–A SSI supplemented its motion and exhibits. On December 13, 2019, OUII filed a response supporting 3–A SSI’s motion. On February 18, 2020, the presiding ALJ issued Order No. 14, an ID granting 3–A SSI’s motion for summary determination of a violation of section 337 by the defaulting respondents. No party petitioned for review of the ID. The Commission has determined not to review the subject ID. In connection with the final disposition of this investigation, the statute authorizes issuance of, inter alia, an exclusion order that could result in the exclusion of the subject articles from entry into the United States. 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 (Dec. 1994). The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order 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, disapprove, or take no action on the Commission’s determination. 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 E:\FR\FM\09APN1.SGM 09APN1 khammond on DSKJM1Z7X2PROD with NOTICES 19956 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices 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. Such initial submissions should include views on the recommended determination by the ALJ on remedy and bonding. In their initial submissions, Complainant and OUII are also requested to identify the remedy sought and to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the HTSUS subheadings under which the accused products are imported and to supply the identification information for all known importers of the products at issue in this investigation. The initial written submissions and proposed remedial orders must be filed no later than close of business on April 14, 2020. Reply submissions must be filed no later than the close of business on April 21, 2020. 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. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (Inv. No. 337–TA–1161) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ 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. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. 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, VerDate Sep<11>2014 16:28 Apr 08, 2020 Jkt 250001 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, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection 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: April 3, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–07430 Filed 4–8–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1138] Certain LTE- and 3G-Compliant Cellular Communications Devices; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that, on February 18, 2020, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337 in the above-captioned investigation. On April 3, 2020, the ALJ issued a Recommended Determination on Remedy and Bond. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules. FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3179. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 (‘‘Section 337’’) provides that if the Commission finds a violation it shall exclude the articles concerned from the United States unless the public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such action. A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation, specifically: (1) Limited exclusion orders (‘‘LEOs’’) directed to certain LTEand 3G-compliant cellular communications devices imported, sold for importation, and/or sold after importation by respondents Apple Inc. of Cupertino, California; HTC Corporation of Taoyuan City, Taiwan; HTC America, Inc. of Seattle, Washington; ZTE Corporation of Guangdong, China; and ZTE (USA) Inc. of Richardson, Texas; and (2) cease and desist orders (‘‘CDOs’’) against each respondent. The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In addition, members of the public are hereby invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bond issued in this investigation on April 3, 2020. Comments should address whether issuance of the remedial orders in this investigation, should the Commission find a violation, 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 recommended LEOs and CDOs are used in the United States; E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19955-19956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07430]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1161]


Certain Food Processing Equipment and Packaging Materials 
Thereof; Commission Determination Not To Review an Initial 
Determination Finding a Violation of Section 337; Request for Written 
Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 14) issued by the administrative law judge 
(``ALJ'') on February 18, 2020, granting summary determination that the 
defaulting respondents have violated section 337 of the Tariff Act of 
1930, as amended. The Commission requests written submissions from the 
parties, interested government agencies, and interested persons on the 
issues of remedy, the public interest, and bonding, under the schedule 
set forth below.

FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3427. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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's TDD 
terminal, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 18, 2019, based on a complaint filed by 3-A Sanitary Standards, 
Inc. of McLean, Virginia (``Complainant''). 84 FR 28335 (June 18, 
2019). The complaint, as supplemented, alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon 
the importation or sale of certain food processing equipment and 
packaging materials thereof by reason of false advertising and unfair 
competition, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. The notice of 
investigation named as respondents Wenzhou QiMing Stainless Co., Ltd. 
of Wenzhou, China (``Wenzhou QiMing''); High MPa Valve Manufacturing 
Co., Ltd. of Wenzhou, China (``High MPa Valve''); Wenzhou Sinco Steel 
Co, Ltd. of Wenzhou, China (``Wenzhou Sinco''); Wenzhou Kasin Valve 
Pipe Fitting Co., Ltd. of Wenzhou, China (``Wenzhou Kasin''); and 
Wenzhou Fuchuang Machinery (``Wenzhou Fuchuang'') (collectively, 
``defaulting respondents''). Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to the 
investigation. Id.
    On October 15, 2019, the Commission found respondents Wenzhou 
QiMing, High MPa Valve, Wenzhou Sinco, and Wenzhou Kasin in default. 
Order No. 8 (Sept. 19, 2019), unreviewed, Notice (Oct. 15, 2019). On 
December 18, 2019, the Commission found Wenzhou Fuchuang in default. 
Order No. 13 (Nov. 19, 2019), unreviewed, Notice (Dec. 18, 2019).
    On November 7, 2019, 3-A SSI moved for summary determination of a 
violation of section 337 by the defaulting respondents. On November 20, 
2019, and December 3, 2019, 3-A SSI supplemented its motion and 
exhibits. On December 13, 2019, OUII filed a response supporting 3-A 
SSI's motion.
    On February 18, 2020, the presiding ALJ issued Order No. 14, an ID 
granting 3-A SSI's motion for summary determination of a violation of 
section 337 by the defaulting respondents. No party petitioned for 
review of the ID.
    The Commission has determined not to review the subject ID.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States. 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 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
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, 
disapprove, or take no action on the Commission's determination. 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

[[Page 19956]]

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. Such initial submissions should include views on the 
recommended determination by the ALJ on remedy and bonding.
    In their initial submissions, Complainant and OUII are also 
requested to identify the remedy sought and to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the HTSUS subheadings under which the accused 
products are imported and to supply the identification information for 
all known importers of the products at issue in this investigation. The 
initial written submissions and proposed remedial orders must be filed 
no later than close of business on April 14, 2020. Reply submissions 
must be filed no later than the close of business on April 21, 2020. 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. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1161) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. 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, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection 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: April 3, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-07430 Filed 4-8-20; 8:45 am]
BILLING CODE 7020-02-P
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