Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 78868-78869 [2020-26861]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 78868 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices description under the above HTS subheading. Section 202(d)(1)(C) of the Trade Act provides procedures under which domestic producers of a perishable agricultural product may, in a petition filed under section 202(a) of the Trade Act, request provisional relief. Under those procedures, if the Commission has monitored imports of the article for at least 90 days, the domestic industry may, in such a petition, request a preliminary determination and provisional relief pending completion of a full Commission investigation. Should that occur, the Commission would have 21 days, from the day on which the request was received, to make a preliminary injury determination, and if in the affirmative, to recommend provisional relief to the President. Public Hearing: No public hearing is planned at this time in connection with this investigation. However, should a public hearing or conference be scheduled, the Commission will publish a notice in the Federal Register and post information about the hearing 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. 332–581, Monitoring of Fresh or Chilled Strawberries, and click on the link to ‘‘hearing instructions.’’ Written Submissions: Interested parties are invited to file written submissions concerning this investigation. The Commission is particularly interested in receiving information about imports, principal source countries, and impact of the imports on the domestic industry producing the like or directly competitive product. The Commission is also interested in receiving information about the condition of the domestic industry, including with respect to production, employment, profits and losses, and other factors set out in section 202(c) of the Trade Act. To the extent practical, data and information should include the period 2016–2020 and any subsequent period. All written submissions should be addressed to the Secretary, and should be received not later than 5:15 p.m., January 15, 2021. 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 VerDate Sep<11>2014 18:32 Dec 04, 2020 Jkt 253001 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. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202–205–1802), or consult the Commission’s Handbook on Filing Procedures. Confidential Business Information. Any submissions that contain confidential business information (CBI) must also conform to the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non- confidential’’ version, and that the confidential business information is clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. Limited Disclosure of CBI. Should a petition be filed under section 202(a) of the Trade Act and an investigation be instituted under section 202(b) of the Trade Act with respect to the products covered by this investigation, the Secretary will make some or all of the CBI obtained in this monitoring investigation available, pursuant to § 206.17 of the Commission’s rules, to authorized applicants under an administrative protective order (APO) issued in that investigation in accordance with the procedures set forth in section 206.17 of the rules. The Commission may also include some or all CBI submitted in this investigation in the report it sends to the President and the U.S. Trade Representative in an investigation conducted under section 202(b) or in a related investigation. The Commission will not otherwise disclose information which it considers to be CBI unless the party submitting the information had notice, at the time of submission, that such information would be released by the Commission, or such party subsequently consents to the release of the information. See 19 U.S.C. 2252(a)(8) and 19 U.S.C. 1332(g). Authority: This investigation is being conducted under authority of section 202(d)(1)(B) of the Trade Act and section 332(g) of the Tariff Act of 1930. By order of the Commission. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 Issued: December 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–26857 Filed 12–4–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor, DN 3511; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of ARK Diagnostics, Inc. on December 2, 2020. 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 gabapentin immunoassay kits and test strips, components thereof, and methods SUMMARY: E:\FR\FM\07DEN1.SGM 07DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices therefor. The complaint names as respondents: Hangzhou AllTest Biotech Co., Ltd. of China; Shanghai Chemtron Biotech Co., Ltd. of China; Chemtron Biotech Co., Ltd of San Diego, CA; Zhejiang Orient Gene Biotech Co., Ltd. of China; Healgen Scientific, LLC of Houston, TX; Kappa City Biotech, SAS of France; 12PanelMedical, Inc. of Sarasota, FL; Acro Biotech, Inc. of Rancho Cucamonga, CA; AlcoPro, Inc. of Knoxville, TN; American Screening, LLC of Shreveport, LA; Confirm Biosciences, Inc. of San Diego, CA; Mercedes Medical, LLC of Lakewood Ranch, FL; TransMed Co., LLC of Alpharetta, GA; and Transmetron, Inc. of Salt Lake City, UT. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential 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 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 VerDate Sep<11>2014 18:32 Dec 04, 2020 Jkt 253001 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 issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3511’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). 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 paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 78869 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 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: December 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–26861 Filed 12–4–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the Defense Production Act of 1950 Antitrust Division, U.S. Department of Justice. ACTION: Notice of review of plan of action. AGENCY: Notice is hereby given pursuant to section 708 of the Defense Production Act of 1950 (‘‘DPA’’), that the Assistant Attorney General finds, with respect to the Plan of Action to Establish a National Strategy for the Manufacture, Allocation and Distribution of Personal Protective Equipment (PPE) to Respond to COVID– 19 (‘‘Plan of Action’’) proposed by the Federal Emergency Management Agency (‘‘FEMA’’), that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through a plan of action having less anticompetitive effects or without any plan of action. Given this finding, the proposed Plan of Action may become effective following the publication of this notice. SUPPLEMENTARY INFORMATION: Under the DPA, FEMA may enter into plans with representatives of private industry for the purpose of improving the efficiency with which private firms contribute to the national defense when conditions exist that may pose a direct threat to the national defense or its preparedness. Such arrangements are generally known as ‘‘voluntary agreements.’’ Participants in an existing voluntary agreement may adopt documented methods, known as SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Pages 78868-78869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26861]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Gabapentin 
Immunoassay Kits and Test Strips, Components Thereof, and Methods 
Therefor, DN 3511; the Commission is soliciting comments on any public 
interest issues raised by the complaint or complainant's filing 
pursuant to the Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (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 United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of ARK Diagnostics, Inc. on 
December 2, 2020. 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 gabapentin immunoassay kits and 
test strips, components thereof, and methods

[[Page 78869]]

therefor. The complaint names as respondents: Hangzhou AllTest Biotech 
Co., Ltd. of China; Shanghai Chemtron Biotech Co., Ltd. of China; 
Chemtron Biotech Co., Ltd of San Diego, CA; Zhejiang Orient Gene 
Biotech Co., Ltd. of China; Healgen Scientific, LLC of Houston, TX; 
Kappa City Biotech, SAS of France; 12PanelMedical, Inc. of Sarasota, 
FL; Acro Biotech, Inc. of Rancho Cucamonga, CA; AlcoPro, Inc. of 
Knoxville, TN; American Screening, LLC of Shreveport, LA; Confirm 
Biosciences, Inc. of San Diego, CA; Mercedes Medical, LLC of Lakewood 
Ranch, FL; TransMed Co., LLC of Alpharetta, GA; and Transmetron, Inc. 
of Salt Lake City, UT. The complainant requests that the Commission 
issue a limited exclusion order, cease and desist orders and impose a 
bond upon respondents' alleged infringing articles during the 60-day 
Presidential 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 on any public interest issues 
raised by the complaint or Sec.  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 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues must also be filed by no later than 
the close of business, eight calendar days after publication of this 
notice in the Federal Register. Complainant may file replies to any 
written submissions no later than three calendar days after the date on 
which any initial submissions were due. Any submissions and replies 
filed in response to this Notice are limited to five (5) pages in 
length, inclusive of attachments.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. Submissions 
should refer to the docket number (``Docket No. 3511'') in a prominent 
place on the cover page and/or the first page. (See Handbook for 
Electronic Filing Procedures, Electronic Filing Procedures \1\). 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. Persons with questions regarding 
filing should contact the Secretary at [email protected].
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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,\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\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    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 Sec. Sec.  
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: December 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-26861 Filed 12-4-20; 8:45 am]
BILLING CODE 7020-02-P

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