Certain Light-Emitting Diode Products, Systems, and Components Thereof (III); Notice of Request for Statements on the Public Interest, 40318-40319 [2020-14366]

Download as PDF 40318 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1168] Certain Light-Emitting Diode Products, Systems, and Components Thereof (III); Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that, on June 26, 2020, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond 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: 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) at https://edis.usitc.gov. For help accessing EDIS, please EDIS3Help@ usitc.gov. 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’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. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation, specifically: A limited exclusion order (‘‘LEO’’) directed to certain lightemitting diode products, systems, and components thereof imported, sold for importation, and/or sold after importation by Cree, Inc. of Durham, North Carolina; Cree Hong Kong, Ltd. of Shatin, Hong Kong; Cree Huizhou Solid khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 State Lighting Co. Ltd. of Guangdong, China; Lumileds Holding B.V. of Schipol, Netherlands; Lumileds LLC of San Jose, California; Nichia Corp. of Tokushima, Japan; Nichia America Corp. of Wixom, Michigan; OSRAM Licht AG and OSRAM GmbH, both of Munich, Germany; OSRAM Opto Semiconductors GmbH of Regensburg, Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale, California; Acuity Brands, Inc. of Atlanta, Georgia; Acuity Brands Lighting, Inc. of Conyers, Georgia; General Electric Company of Boston, Massachusetts; Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland, Ohio; Current Lighting Solutions, LLC of Cleveland, Ohio; LEDVANCE LLC of Wilmington, Massachusetts; Leedarson Lighting Co., Ltd. of Xiamen, China; Leedarson America, Inc. of Smyrna, Georgia; Signify N.V. (f/k/a Phillips Lighting N.V.) of Eindhoven, Netherlands; and Signify North America Corporation of Somerset, New Jersey that infringe one or more of claims 1, 2, 3, 5, 6, and 21 of U.S. Patent No. 7,095,053; and claims l and 6 of U.S. Patent No. 7,528,421. The Commission is interested in developing 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 June 26, 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 LEO are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended LEO; (iii) Identify like or directly competitive articles that complainant, its licensees, and/or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, its licensees, and/or third-party suppliers PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 have the capacity to replace the volume of articles potentially subject to the recommended LEO within a commercially reasonable time; and (v) Explain how the recommended LEO would impact consumers in the United States. Written submissions from the public must be filed no later than by close of business on July 28, 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 (Mar. 19, 2020). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1168’’) 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. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All non-confidential 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). E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices By order of the Commission. Dated: June 29, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–14366 Filed 7–2–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–650–651 (Preliminary)] Phosphate Fertilizers from Morocco and Russia; Institution of Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation Nos. 701–TA–650–651 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of phosphate fertilizers from Morocco and Russia, provided for in subheadings 3103.11.00, 3103.19.00, 3105.20.00, 3105.30.00, 3105.40.00, 3105.51.00, and 3105.59.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Governments of Morocco and Russia. Unless the Department of Commerce (‘‘Commerce’’) extends the time for initiation, the Commission must reach a preliminary determination in countervailing duty investigations in 45 days, or in this case by August 10, 2020. The Commission’s views must be transmitted to Commerce within five business days thereafter, or by August 17, 2020. DATES: Applicable June 26, 2020. FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205– 3062), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. 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. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 General information concerning the Commission may also be obtained by accessing its internet server (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. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted, pursuant to section 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a)), in response to a petition filed on June 26, 2020, by The Mosaic Company, Plymouth, Minnesota. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). Participation in the investigation and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in §§ 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission 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 these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.— In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission is conducting its Title VII (antidumping and countervailing duty) preliminary phase staff conferences through PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 40319 submissions of written opening remarks and written testimony, staff questions and written responses to those questions, and postconference briefs. Requests to appear at the conference should be emailed topreliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before July 15, 2020. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to participate by submitting a short statement. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Written submissions.—As provided in §§ 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before July 22, 2020, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written opening remarks and testimony to the Commission on or before July 15, 2020. Staff questions will be provided to the parties on July 17, 2020, and written responses should be submitted to the Commission on or before July 22, 2020. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40318-40319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14366]



[[Page 40318]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1168]


Certain Light-Emitting Diode Products, Systems, and Components 
Thereof (III); Notice of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that, on June 26, 2020, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination on 
Violation of Section 337 and Recommended Determination on Remedy and 
Bond 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: 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) at https://edis.usitc.gov. For help accessing EDIS, please [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 
(``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.
    The Commission is soliciting comments on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: A limited exclusion order (``LEO'') directed 
to certain light-emitting diode products, systems, and components 
thereof imported, sold for importation, and/or sold after importation 
by Cree, Inc. of Durham, North Carolina; Cree Hong Kong, Ltd. of 
Shatin, Hong Kong; Cree Huizhou Solid State Lighting Co. Ltd. of 
Guangdong, China; Lumileds Holding B.V. of Schipol, Netherlands; 
Lumileds LLC of San Jose, California; Nichia Corp. of Tokushima, Japan; 
Nichia America Corp. of Wixom, Michigan; OSRAM Licht AG and OSRAM GmbH, 
both of Munich, Germany; OSRAM Opto Semiconductors GmbH of Regensburg, 
Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale, California; 
Acuity Brands, Inc. of Atlanta, Georgia; Acuity Brands Lighting, Inc. 
of Conyers, Georgia; General Electric Company of Boston, Massachusetts; 
Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland, 
Ohio; Current Lighting Solutions, LLC of Cleveland, Ohio; LEDVANCE LLC 
of Wilmington, Massachusetts; Leedarson Lighting Co., Ltd. of Xiamen, 
China; Leedarson America, Inc. of Smyrna, Georgia; Signify N.V. (f/k/a 
Phillips Lighting N.V.) of Eindhoven, Netherlands; and Signify North 
America Corporation of Somerset, New Jersey that infringe one or more 
of claims 1, 2, 3, 5, 6, and 21 of U.S. Patent No. 7,095,053; and 
claims l and 6 of U.S. Patent No. 7,528,421.
    The Commission is interested in developing 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 June 26, 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 
LEO are used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the recommended LEO;
    (iii) Identify like or directly competitive articles that 
complainant, its licensees, and/or third parties make in the United 
States which could replace the subject articles if they were to be 
excluded;
    (iv) Indicate whether complainant, its licensees, and/or third-
party suppliers have the capacity to replace the volume of articles 
potentially subject to the recommended LEO within a commercially 
reasonable time; and
    (v) Explain how the recommended LEO would impact consumers in the 
United States.
    Written submissions from the public must be filed no later than by 
close of business on July 28, 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 (Mar. 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1168'') 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. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All non-confidential 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).


[[Page 40319]]


    By order of the Commission.
    Dated: June 29, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-14366 Filed 7-2-20; 8:45 am]
BILLING CODE 7020-02-P