Kitchen Appliance Shelving and Racks From China; Scheduling of Expedited Five-Year Reviews, 55321-55322 [2020-19591]

Download as PDF Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 2020). On June 22, 2020, the ALJ issued the subject RD finding no infringement of claim 19 of the ’693 patent by Wirtgen’s redesigned series 1810 machines. On July 2, 2020, both Caterpillar and Wirtgen filed comments concerning the RD’s findings, and on July 10, 2020, the parties filed responses to each other’s comments. Wirtgen challenges the legality of the modification proceeding and the RD’s finding that Wirtgen bears the burden of proof in such proceeding. In addition, Wirtgen faults the RD for construing a claim term, which, according to Wirtgen, is not permissible in the context of a modification proceeding. Caterpillar disagrees with the RD’s claim construction and the RD’s finding that Wirtgen’s redesigned machines do not infringe claim 19 of the ’693 patent. Having reviewed the record of the underlying violation investigation, as well as the record of the modification proceeding, including the RD and the parties’ comments and responses thereto, the Commission has modified the LEO and CDO to include an explicit carve-out with respect to Wirtgen’s redesigned series 1810 machines as stated in the accompanying Order. Specifically, the Commission affirms the RD’s claim construction determination and noninfringement findings as to the redesigned series 1810 machine. The Commission rejects Wirtgen’s challenges to the scope of the LEO and CDO, as issued, and Wirtgen’s challenges to the propriety of this modification proceeding. The Commission’s decisions are explained more fully in the Commission Opinion that accompanies this notice. The Commission vote for this determination took place on August 31, 2020. 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: August 31, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–19585 Filed 9–3–20; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:42 Sep 03, 2020 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–458 and 731– TA–1154 (Second Review)] Kitchen Appliance Shelving and Racks From China; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping and countervailing duty orders on certain kitchen appliance shelving and racks from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: May 8, 2020. FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202–205–3177), 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. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On May 8, 2020, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 5980, February 3, 2020) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules SUMMARY: 1A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 55321 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, D, E, and F (19 CFR part 207). 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. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on September 2, 2020, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before September 8, 2020 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by September 8, 2020. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must 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 2 The Commission has found the responses submitted by Nashville Wire Products Manufacturing Company and SSW Holding Company, Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\04SEN1.SGM 04SEN1 55322 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices 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 reviews must be served on all other parties to the reviews (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. Determination.—The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: August 31, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–19591 Filed 9–3–20; 8:45 am] BILLING CODE 7020–02–P Protection Act (‘‘NEPA’’), Neb. Rev. Stat. § 81–1501 et seq. Under the Proposed Consent Decree, Clean Harbors will pay a civil penalty of $790,000, ($498,820 to the United States and $291,180 to the State). Additionally, Clean Harbors will perform injunctive relief to better manage waste handling practices, including developing and implementing plans to better manage waste acceptance, secondary containment, inspections, and its risk management program. Clean Harbors will also conduct an audit under RCRA and the CAA to identify and address any issues with compliance under these statutes. The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Nebraska v. Clean Harbors Environmental Services, Inc., et al., D.J. Ref. No. 90–7–1–11505. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: DEPARTMENT OF JUSTICE jbell on DSKJLSW7X2PROD with NOTICES Notice of Filing of Proposed Settlement Agreement Regarding Environmental Claims In Connection With Clean Harbors Environmental Services Inc. 16:42 Sep 03, 2020 Jkt 250001 Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611. By mail ......... On August 31, 2020, a Proposed Consent Decree was filed in the United States District Court of Nebraska in the proceeding entitled United States and State of Nebraska v. Clean Harbors Environmental Services, Inc., et al., Case No. 8:20–cv–351. Plaintiffs United States of America, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), and the State of Nebraska (‘‘State’’), acting through the Nebraska Attorney General, on behalf of the Nebraska Department of Environment and Energy (‘‘NDEE’’), have filed a complaint in this action concurrently with the Consent Decree, against Defendant, Clean Harbors Environmental Services, Inc. (‘‘Clean Harbors’’), seeking civil penalties and injunctive relief the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6901, et seq., the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401, et seq., the Emergency Planning and Community Right-to-Know Act (‘‘EPCRA’’), 42 U.S.C. 11001, et seq., and the Nebraska Environmental VerDate Sep<11>2014 To submit comments: During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. Alternatively, a paper copy of the Settlement Agreement will be provided upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $11.25 (25 cents per page reproduction cost) payable to the United States Treasury. Susan Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–19618 Filed 9–3–20; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Veterans’ Employment and Training Service Notice of a Vacancy and Solicitation of Nominations for Appointment to the Advisory Committee on Veterans’ Employment, Training, and Employer Outreach (ACVETEO) Veterans’ Employment and Training Service (VETS), Department of Labor (DOL). ACTION: Notice. AGENCY: In accordance with the provisions of the Federal Advisory Committee Act (FACA) and its implementing regulations issued by the U.S. General Services Administration (GSA), the Secretary of Labor (the Secretary), is soliciting nominations from the public to fill one vacancy from a veterans service organization that has a national employment program to be considered for appointment as a member of the Advisory Committee on Veterans’ Employment, Training, and Employer Outreach (ACVETEO, or the Committee). The term of membership for the appointed member will run through January 31, 2022. DATES: Nominations for membership on the Committee must be received no later than 11:59 p.m. EST on October 30, 2020. Packages received after this time will not be considered for the remainder of the current membership cycle ending January 31, 2022. The Committee looks to fill one vacancy as a result of this request. All nomination packages should be sent to the Designated Federal Official by email, ACVETEO@dol.gov with a subject line, ‘‘2020 ACVETEO VSO Nomination’’. For more information, contact Gregory B. Green, Designated Federal Official, ACVETEO, U.S. Department of Labor, 200 Constitution Ave. NW, Room S–1312, Washington, DC 20210. Additional information regarding the Committee, including its charter, current membership list, annual reports and meeting minutes, may be found at https://www.dol.gov/agencies/vets/ about/advisorycommittee. SUPPLEMENTARY INFORMATION: The Committee’s responsibilities are to: (a) Assess employment and training needs of veterans and their integration into the workforce; (b) determine the extent to which the programs and activities of the Department are meeting such needs; (c) assist the Assistant Secretary for Veterans’ Employment and Training (ASVET) in conducting outreach to employers with respect to the training and skills of veterans and the SUMMARY: E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55321-55322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19591]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-458 and 731-TA-1154 (Second Review)]


Kitchen Appliance Shelving and Racks From China; Scheduling of 
Expedited Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the scheduling of 
expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether revocation of the antidumping and countervailing duty 
orders on certain kitchen appliance shelving and racks from China would 
be likely to lead to continuation or recurrence of material injury 
within a reasonably foreseeable time.

DATES: May 8, 2020.

FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202-205-3177), 
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. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
reviews may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On May 8, 2020, the Commission determined that the 
domestic interested party group response to its notice of institution 
(85 FR 5980, February 3, 2020) of the subject five-year reviews was 
adequate and that the respondent interested party group response was 
inadequate. The Commission did not find any other circumstances that 
would warrant conducting full reviews.\1\ Accordingly, the Commission 
determined that it would conduct expedited reviews pursuant to section 
751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
---------------------------------------------------------------------------

    \1\ A record of the Commissioners' votes, the Commission's 
statement on adequacy, and any individual Commissioner's statements 
will be available from the Office of the Secretary and at the 
Commission's website.
---------------------------------------------------------------------------

    For further information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207).
    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 paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Staff report.--A staff report containing information concerning the 
subject matter of the reviews will be placed in the nonpublic record on 
September 2, 2020, and made available to persons on the Administrative 
Protective Order service list for these reviews. A public version will 
be issued thereafter, pursuant to Sec.  207.62(d)(4) of the 
Commission's rules.
    Written submissions.--As provided in Sec.  207.62(d) of the 
Commission's rules, interested parties that are parties to the reviews 
and that have provided individually adequate responses to the notice of 
institution,\2\ and any party other than an interested party to the 
reviews may file written comments with the Secretary on what 
determinations the Commission should reach in the reviews. Comments are 
due on or before September 8, 2020 and may not contain new factual 
information. Any person that is neither a party to the five-year 
reviews nor an interested party may submit a brief written statement 
(which shall not contain any new factual information) pertinent to the 
reviews by September 8, 2020. However, should the Department of 
Commerce (``Commerce'') extend the time limit for its completion of the 
final results of its reviews, the deadline for comments (which may not 
contain new factual information) on Commerce's final results is three 
business days after the issuance of Commerce's results. If comments 
contain business proprietary information (BPI), they must conform with 
the requirements of Sec. Sec.  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

[[Page 55322]]

upon the Commission's procedures with respect to filings.
---------------------------------------------------------------------------

    \2\ The Commission has found the responses submitted by 
Nashville Wire Products Manufacturing Company and SSW Holding 
Company, Inc. to be individually adequate. Comments from other 
interested parties will not be accepted (see 19 CFR 207.62(d)(2)).
---------------------------------------------------------------------------

    In accordance with Sec. Sec.  201.16(c) and 207.3 of the rules, 
each document filed by a party to the reviews must be served on all 
other parties to the reviews (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.
    Determination.--The Commission has determined these reviews are 
extraordinarily complicated and therefore has determined to exercise 
its authority to extend the review period by up to 90 days pursuant to 
19 U.S.C. 1675(c)(5)(B).

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.62 of the Commission's rules.


    By order of the Commission.

    Issued: August 31, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19591 Filed 9-3-20; 8:45 am]
BILLING CODE 7020-02-P
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