Certain Luxury Vinyl Tile and Components Thereof; Notice of Request for Statements on the Public Interest, 33708-33709 [2020-11790]

Download as PDF 33708 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices 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 at the Office of the Secretary and on EDIS. This action is taken under the authority of 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: May 27, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–11824 Filed 6–1–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1155] Certain Luxury Vinyl Tile and Components Thereof; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge (‘‘ALJ’’) has issued an Initial Determination Granting Complainants’ Motion for Summary Determination of Violation of Section 337 by certain defaulting respondents and Recommended Determination on Remedy and Bonding in the abovecaptioned investigation. 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: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 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 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). 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 whether the Commission should issue: (1) A general exclusion order (‘‘GEO’’) with respect to the three asserted patents; U.S. Patent Nos. 9,200,460, 10,208,490, and 10,233,655; and/or (2) cease and desist orders (‘‘CDOs’’) against the five domestic defaulting respondents: ABK Trading Corp. of Katy, Texas; Aurora Flooring LLC of Kennesaw, Georgia; Maxwell Flooring Distribution LLC of Houston, Texas; Mr. Hardwood Inc. of Acworth, Georgia; and Sam Houston Hardwood Inc. of Houston, Texas. The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are 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 Bonding issued in this investigation on May 15, 2020. Comments should address whether issuance of the GEO and/or CDOs 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: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainants, their licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainants, complainants’ licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the GEO and/or CDOs would impact consumers in the United States. Written submissions from the public must be filed no later than by close of business on June 15, 2020. 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–1155’’) 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. 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. E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices 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 at the Office of the Secretary and on EDIS. This action is taken under the authority of 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: May 27, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–11790 Filed 6–1–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–575] Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries; Notice of New Dates for Public Hearing and Transmittal of the Commission’s Report United States International Trade Commission. ACTION: Notice of new dates for public hearing and transmittal of the Commission’s report. AGENCY: The Commission has changed the date of its public hearing for Investigation No. 332–575: Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries from May 12, 2020 to September 3, 2020; and the date has changed for transmittal of its report to the U.S. House of Representatives Committee on Ways and Means (Committee) in this investigation from December 19, 2020 to February 18, 2021 due to COVID–19. DATES: August 12, 2020: Deadline for filing requests to appear at the public hearing. August 21, 2020: Deadline for filing pre-hearing briefs and statements. September 3, 2020: Public hearing. September 17, 2020: Deadline for filing post-hearing briefs and statements. October 9, 2020: Deadline for filing all other written submissions. February 18, 2021: Transmittal of Commission report to the Committee. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW, Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS), https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Project Leader Renee Berry (202–205– 3498 or renee.berry@usitc.gov) or Deputy Project Leader Daniel Matthews (202–205–5991 or daniel.matthews@ usitc.gov) for information specific to this investigation. For information on the legal aspects of these investigations, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. SUPPLEMENTARY INFORMATION: The Commission published notice of institution of the investigation in the Federal Register on January 31, 2020 (85 FR 5704, January 31, 2020). In that notice, the Commission announced it would hold a public hearing on May 12, 2020, and it also set dates by which requests to appear at the hearing, briefs, and other written submissions should be filed. However, due to COVID–19, the Commission postponed the hearing to a date to be determined (85 FR 21460, April 17, 2020). The Commission has rescheduled the public hearing as well as deadlines for requests to appear at the hearing, briefs, and other written submissions to the following dates. Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. The scope of the investigation remains the same as ADDRESSES: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 33709 published in the Federal Register on January 31, 2020. Public Hearing: A public hearing in connection with this investigation will be held beginning at 9:30 a.m. on September 3, 2020. This hearing may occur at the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC, or via an online videoconferencing platform. Information about the place and form of the hearing, including about how to participate in or view the hearing, will be posted on the Commission’s website at (https://usitc.gov/research_and_ analysis/what_we_are_working_ on.htm). Once on that web page, scroll down to the entry for investigation No. 332–575, Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries, and click on the link to ‘‘hearing instructions.’’ Requests to appear at the public hearing should be filed with the Secretary, no later than 5:15 p.m., August 12, 2020 in accordance with the requirements in the ‘‘Submissions’’ section below. All pre-hearing briefs and statements should be filed no later than 5:15 p.m., August 21, 2020; and all post-hearing briefs and statements should be filed not later than 5:15 p.m., September 17, 2020. In the event that, as of the close of business on August 12, 2020, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant should contact the Office of the Secretary at 202–205–2000 after August 12, 2020, for information concerning whether the hearing will be held. Written Submissions: In lieu of or in addition to participating in the hearing, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and should be received not later than 5:15 p.m., October 9, 2020. All written submissions must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798 (March 19, 2020). Under that rule waiver, the Office of the Secretary will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33708-33709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11790]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1155]


Certain Luxury Vinyl Tile and Components Thereof; Notice of 
Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued an Initial Determination Granting 
Complainants' Motion for Summary Determination of Violation of Section 
337 by certain defaulting respondents and Recommended Determination on 
Remedy and Bonding in the above-captioned investigation. 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: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). 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 whether the Commission should issue:
    (1) A general exclusion order (``GEO'') with respect to the three 
asserted patents; U.S. Patent Nos. 9,200,460, 10,208,490, and 
10,233,655; and/or
    (2) cease and desist orders (``CDOs'') against the five domestic 
defaulting respondents: ABK Trading Corp. of Katy, Texas; Aurora 
Flooring LLC of Kennesaw, Georgia; Maxwell Flooring Distribution LLC of 
Houston, Texas; Mr. Hardwood Inc. of Acworth, Georgia; and Sam Houston 
Hardwood Inc. of Houston, Texas.
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are 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 Bonding 
issued in this investigation on May 15, 2020. Comments should address 
whether issuance of the GEO and/or CDOs 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 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainants, their licensees, or third parties make in the United 
States which could replace the subject articles if they were to be 
excluded;
    (iv) indicate whether complainants, complainants' licensees, and/or 
third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended exclusion order and/or 
a cease and desist order within a commercially reasonable time; and
    (v) explain how the GEO and/or CDOs would impact consumers in the 
United States.
    Written submissions from the public must be filed no later than by 
close of business on June 15, 2020.
    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-1155'') 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. 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.

[[Page 33709]]

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 at the Office of the Secretary and on EDIS.
    This action is taken under the authority of 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: May 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-11790 Filed 6-1-20; 8:45 am]
 BILLING CODE 7020-02-P

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