Cucumbers: Effect of Imports on U.S. Seasonal Markets, With A Focus on the U.S. Southeast, 2694-2696 [2021-00535]
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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices
of contents when the document
addresses multiple issues.
Confidential Business Information:
Any submissions that contain
confidential business information 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.
As requested by the USTR, the
Commission will not include any
confidential business information in its
report. However, all information,
including confidential business
information, submitted in 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 for
cybersecurity purposes. The
Commission will not otherwise disclose
any confidential business information in
a way that would reveal the operations
of the firm supplying the information.
Summaries of Written Submissions:
Persons wishing to have a summary of
their position included in the report that
the Commission sends to the USTR
should include a summary with their
written submission and should mark the
summary as having been provided for
that purpose. The summary should be
clearly marked as ‘‘summary for
inclusion in the report’’ at the top of the
page. The summary may not exceed 500
words, should be in MS Word format or
a format that can be easily converted to
MS Word, and should not include any
confidential business information. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. The Commission will list
the name of the organization furnishing
the summary and will include a link to
the Commission’s Electronic Document
Information System (EDIS) where the
full written submission can be found.
By order of the Commission.
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18:08 Jan 12, 2021
Jkt 253001
Issued: January 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–00565 Filed 1–12–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 332–583]
Cucumbers: Effect of Imports on U.S.
Seasonal Markets, With A Focus on the
U.S. Southeast
Notice of investigation and
scheduling of a public hearing.
ACTION:
Following receipt on
December 7, 2020, of a request from the
U.S. Trade Representative (USTR),
under section 332(g) of the Tariff Act of
1930, the U.S. International Trade
Commission (Commission) instituted
Investigation No. 332–583, Cucumbers:
Effect of Imports on U.S. Seasonal
Markets, with a Focus on the U.S.
Southeast. The USTR asked that the
investigation cover all imports that fall
within the product description of U.S.
Harmonized Tariff Schedule subheading
0707.00 (cucumbers, including
gherkins, fresh or chilled).
DATES:
March 25, 2021: Deadline for filing
requests to appear at the public hearing.
March 29, 2021: Deadline for filing
prehearing briefs and statements.
April 1, 2021: Deadline for filing
electronic copies of oral hearing
statements.
April 8, 2021: Public hearing.
April 15, 2021: Deadline for filing
post-hearing briefs and statements.
April 27, 2021: Deadline for filing all
other written submissions.
December 7, 2021: Transmittal of
Commission report to the USTR.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the U.S.
International Trade Commission
Building, 500 E Street SW, Washington,
DC. All written submissions should be
addressed to the Secretary, U.S.
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) at https://
edis.usitc.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Project Leader Lesley Ahmed
(lesley.ahmed@usitc.gov or 202–205–
3459), or Deputy Project Leader Kelsi
Van Veen (202–708–3086 or
kelsi.vanveen@usitc.gov) for information
specific to these investigations. For
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information on the legal aspects of this
investigation, 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
website (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.
Background: As requested by the
USTR, the Commission in its report will
focus on the effect of imports on the
domestic seasonal markets of
cucumbers, including gherkins, with a
particular focus on production and
competitiveness of such products grown
in the Southeastern United States. In
particular, the USTR asked that the
report:
(1) Include information on recent
trends in trade in these products
between the United States and its
trading partners, including information
on seasonal patterns of trade;
(2) include descriptions of monthly
price trends for these products in the
United States, including an analysis and
comparison of the prices of domestically
produced and imported products in the
U.S. market; and
(3) focus primarily on the 2015–2020
time period.
The USTR requested that the
Commission transmit its report no later
than 12 months following receipt of this
request. In his request letter, the USTR
stated that his office intends to make the
Commission’s report available to the
public in its entirety and asked that the
Commission not include any
confidential business information.
Public Hearing: A public hearing in
connection with this investigation will
be held beginning at 9:30 a.m. on April
8, 2021, using a videoconference
platform. More detailed information
about the hearing, including how to
participate, 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 Investigation
No. 332–583, Cucumbers: Effect of
Imports on U.S. Seasonal Markets, with
a Focus on the U.S. Southeast, and click
on the link to ‘‘Hearing Information.’’
Interested parties should check the
Commission’s website periodically for
updates.
E:\FR\FM\13JAN1.SGM
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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices
Requests to appear at the public
hearing should be filed with the
Secretary no later than 5:15 p.m., March
25, 2021, in accordance with the
requirements in the ‘‘Written
Submissions’’ section below. All
prehearing briefs and statements should
be filed not later than 5:15 p.m., March
29, 2021. To facilitate the hearing,
including the preparation of an accurate
written transcript of the hearing, oral
testimony to be presented at the hearing
must be submitted to the Commission
electronically no later than noon, April
1, 2021. All post-hearing briefs and
statements should be filed no later than
5:15 p.m., April 15, 2021. Post-hearing
briefs and statements should address
matters raised at the hearing. For a
description of the different types of
written briefs and statements, see the
‘‘Definitions’’ section below.
In the event that, as of the close of
business on March 25, 2021, 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 check the Commission website
in the preceding paragraph 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
the dates provided for in this notice. 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,
Docket Services Division (202–205–
1802), or consult the Commission’s
Handbook on Filing Procedures.
Definitions of Types of Documents
That May be Filed; Requirements: In
addition to requests to appear at the
hearing, this notice provides for the
possible filing of four types of
documents: prehearing briefs, oral
hearing statements, post-hearing briefs,
and other written submissions.
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18:08 Jan 12, 2021
Jkt 253001
(1) Prehearing briefs refers to written
materials relevant to the investigation
and submitted in advance of the
hearing, and includes written views on
matters that are the subject of the
investigation, supporting materials, and
any other written materials that you
consider will help the Commission in
understanding your views. You should
file a prehearing brief particularly if you
plan to testify at the hearing on behalf
of an industry group, company, or other
organization, and wish to provide
detailed views or information that will
support or supplement your testimony.
(2) Oral hearing statements
(testimony) refers to the actual oral
statement that you intend to present at
the public hearing. Do not include any
confidential business information in
that statement. If you plan to testify, you
must file a copy of your oral statement
by the date specified in this notice. This
statement will allow Commissioners to
understand your position in advance of
the hearing and will also assist the court
reporter in preparing an accurate
transcript of the hearing (e.g., names
spelled correctly).
(3) Post-hearing briefs refers to
submissions filed after the hearing by
persons who appeared at the hearing.
Such briefs: (a) Should be limited to
matters that arose during the hearing, (b)
should respond to any Commissioner
and staff questions addressed to you at
the hearing, (c) should clarify, amplify,
or correct any statements you made at
the hearing, and (d) may, at your option,
address or rebut statements made by
other participants in the hearing.
(4) Other written submissions refer to
any other written submissions that
interested persons wish to make,
regardless of whether they appeared at
the hearing, and may include new
information or updates of information
previously provided.
There is no standard format that briefs
or other written submissions must
follow. However, each such document
must identify on its cover (1) the type
of document filed (i.e., prehearing brief,
oral statement of (name), post-hearing
brief, or written submission), (2) the
name of the person or organization
filing it, and (3) whether it contains
confidential business information (CBI).
If it contains CBI, it must comply with
the marking and other requirements set
out below in this notice relating to CBI.
Submitters of written documents (other
than oral hearing statements) are
encouraged to include a short summary
of their position or interest at the
beginning of the document, and a table
of contents when the document
addresses multiple issues.
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Confidential Business Information:
Any submissions that contain
confidential business information 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.
As requested by the USTR, the
Commission will not include any
confidential business information in its
report. However, all information,
including confidential business
information, submitted in 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 for
cybersecurity purposes. The
Commission will not otherwise disclose
any confidential business information in
a way that would reveal the operations
of the firm supplying the information.
Summaries of Written Submissions:
Persons wishing to have a summary of
their position included in the report that
the Commission sends to the USTR
should include a summary with their
written submission and should mark the
summary as having been provided for
that purpose. The summary should be
clearly marked as ‘‘summary for
inclusion in the report’’ at the top of the
page. The summary may not exceed 500
words, should be in MS Word format or
a format that can be easily converted to
MS Word, and should not include any
confidential business information. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. The Commission will list
the name of the organization furnishing
the summary and will include a link to
the Commission’s Electronic Document
Information System (EDIS) where the
full written submission can be found.
By order of the Commission.
E:\FR\FM\13JAN1.SGM
13JAN1
2696
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices
Issued: January 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–00535 Filed 1–12–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–567 (Advisory
Opinion Proceeding 2)]
Certain Foam Footwear; Institution of
an Advisory Opinion Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
an advisory opinion proceeding in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2310. 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 the underlying
investigation on May 11, 2006, based on
a complaint, as amended, filed by Crocs,
Inc. (‘‘Crocs’’) of Niwot, Colorado. 71 FR
27514–15 (May 11, 2006). The
complaint alleged, inter alia, violations
of section 337 of the Tariff Act of 1930,
as amended (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 foam footwear, by reason of
infringement of claims 1–2 of U.S.
Patent No. 6,993,858 (‘‘the ’858 patent’’)
and U.S. Patent No. D517,789 (‘‘the ’789
patent’’). The notice of investigation
named several respondents, including
Double Diamond Distribution Ltd.
(‘‘Double Diamond’’) of Saskatoon,
Canada.
On July 25, 2008, the Commission
issued a final determination finding no
violation of section 337 based on nonSUMMARY:
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18:08 Jan 12, 2021
Jkt 253001
infringement and failure to satisfy the
technical prong of the domestic industry
requirement with respect to the ’789
patent, and based on invalidity of the
’858 patent as obvious under 35 U.S.C.
103. 73 FR 45073–74 (Aug. 1, 2008). On
July 15, 2011, after an appeal to the U.S.
Court of Appeals for the Federal Circuit
and subsequent remand vacating the
Commission’s previous finding of no
violation, the Commission found a
violation of section 337 based on
infringement of the asserted claims of
the patents and issued a general
exclusion order (‘‘GEO’’) and, inter alia,
a cease and desist order (‘‘CDO’’)
directed against Double Diamond. 76 FR
43723–24 (July 21, 2011).
On March 28, 2020, the ’789 patent
expired, so the GEO and CDO are now
only directed to articles that infringe
one or more of claims 1 and 2 of the
’858 patent. Subsequently, on December
8, 2020, Double Diamond petitioned for
institution of an expedited advisory
opinion proceeding to determine
whether its Original Beach DAWGSTM
shoes with plastic washers are covered
by the GEO or CDO. On December 18,
2020, Crocs opposed Double Diamond’s
petition for an expedited advisory
opinion proceeding. On December 22,
2020, Double Diamond moved for leave
to file a reply to Crocs’ opposition.
The Commission has determined that
Double Diamond’s petition complies
with the requirements for institution of
an advisory opinion proceeding under
Commission Rule 210.79 to determine
whether its Original Beach DAWGSTM
shoes with plastic washers fall within
the scope of the GEO or CDO.
Accordingly, the Commission has
determined to institute an advisory
opinion proceeding and refer it to the
Office of the General Counsel. The
parties will furnish the Office of the
General Counsel with information as
requested in the accompanying order,
and the Commission will issue an
advisory opinion within ninety (90)
days of the date of publication of this
notice in the Federal Register. The
following entities are named as parties
to the proceeding: (1) Double Diamond
and (2) Crocs. The Commission has
determined to grant Double Diamond’s
motion for leave to file a reply to Crocs’
opposition.
The Commission vote for this
determination took place on January 7,
2021.
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.
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By order of the Commission.
Issued: January 7, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–00477 Filed 1–12–21; 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 International Trade Commission has
received a complaint entitled Certain
Wireless Communications Equipment
and Components Thereof, DN 3522; 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
Samsung Electronics Co., Ltd. and
Samsung Electronics America, Inc. on
January 7, 2021. 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 wireless communications
equipment and components thereof. The
SUMMARY:
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 86, Number 8 (Wednesday, January 13, 2021)]
[Notices]
[Pages 2694-2696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00535]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 332-583]
Cucumbers: Effect of Imports on U.S. Seasonal Markets, With A
Focus on the U.S. Southeast
ACTION: Notice of investigation and scheduling of a public hearing.
-----------------------------------------------------------------------
SUMMARY: Following receipt on December 7, 2020, of a request from the
U.S. Trade Representative (USTR), under section 332(g) of the Tariff
Act of 1930, the U.S. International Trade Commission (Commission)
instituted Investigation No. 332-583, Cucumbers: Effect of Imports on
U.S. Seasonal Markets, with a Focus on the U.S. Southeast. The USTR
asked that the investigation cover all imports that fall within the
product description of U.S. Harmonized Tariff Schedule subheading
0707.00 (cucumbers, including gherkins, fresh or chilled).
DATES:
March 25, 2021: Deadline for filing requests to appear at the
public hearing.
March 29, 2021: Deadline for filing prehearing briefs and
statements.
April 1, 2021: Deadline for filing electronic copies of oral
hearing statements.
April 8, 2021: Public hearing.
April 15, 2021: Deadline for filing post-hearing briefs and
statements.
April 27, 2021: Deadline for filing all other written submissions.
December 7, 2021: Transmittal of Commission report to the USTR.
ADDRESSES: All Commission offices, including the Commission's hearing
rooms, are located in the U.S. International Trade Commission Building,
500 E Street SW, Washington, DC. All written submissions should be
addressed to the Secretary, U.S. 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) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Project Leader Lesley Ahmed
([email protected] or 202-205-3459), or Deputy Project Leader
Kelsi Van Veen (202-708-3086 or [email protected]) for
information specific to these investigations. For information on the
legal aspects of this investigation, contact William Gearhart of the
Commission's Office of the General Counsel (202-205-3091 or
[email protected]). The media should contact Margaret
O'Laughlin, Office of External Relations (202-205-1819 or
[email protected]). 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 website (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.
Background: As requested by the USTR, the Commission in its report
will focus on the effect of imports on the domestic seasonal markets of
cucumbers, including gherkins, with a particular focus on production
and competitiveness of such products grown in the Southeastern United
States. In particular, the USTR asked that the report:
(1) Include information on recent trends in trade in these products
between the United States and its trading partners, including
information on seasonal patterns of trade;
(2) include descriptions of monthly price trends for these products
in the United States, including an analysis and comparison of the
prices of domestically produced and imported products in the U.S.
market; and
(3) focus primarily on the 2015-2020 time period.
The USTR requested that the Commission transmit its report no later
than 12 months following receipt of this request. In his request
letter, the USTR stated that his office intends to make the
Commission's report available to the public in its entirety and asked
that the Commission not include any confidential business information.
Public Hearing: A public hearing in connection with this
investigation will be held beginning at 9:30 a.m. on April 8, 2021,
using a videoconference platform. More detailed information about the
hearing, including how to participate, 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
Investigation No. 332-583, Cucumbers: Effect of Imports on U.S.
Seasonal Markets, with a Focus on the U.S. Southeast, and click on the
link to ``Hearing Information.'' Interested parties should check the
Commission's website periodically for updates.
[[Page 2695]]
Requests to appear at the public hearing should be filed with the
Secretary no later than 5:15 p.m., March 25, 2021, in accordance with
the requirements in the ``Written Submissions'' section below. All
prehearing briefs and statements should be filed not later than 5:15
p.m., March 29, 2021. To facilitate the hearing, including the
preparation of an accurate written transcript of the hearing, oral
testimony to be presented at the hearing must be submitted to the
Commission electronically no later than noon, April 1, 2021. All post-
hearing briefs and statements should be filed no later than 5:15 p.m.,
April 15, 2021. Post-hearing briefs and statements should address
matters raised at the hearing. For a description of the different types
of written briefs and statements, see the ``Definitions'' section
below.
In the event that, as of the close of business on March 25, 2021,
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 check the Commission website in the
preceding paragraph 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 the
dates provided for in this notice. 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 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.
Definitions of Types of Documents That May be Filed; Requirements:
In addition to requests to appear at the hearing, this notice provides
for the possible filing of four types of documents: prehearing briefs,
oral hearing statements, post-hearing briefs, and other written
submissions.
(1) Prehearing briefs refers to written materials relevant to the
investigation and submitted in advance of the hearing, and includes
written views on matters that are the subject of the investigation,
supporting materials, and any other written materials that you consider
will help the Commission in understanding your views. You should file a
prehearing brief particularly if you plan to testify at the hearing on
behalf of an industry group, company, or other organization, and wish
to provide detailed views or information that will support or
supplement your testimony.
(2) Oral hearing statements (testimony) refers to the actual oral
statement that you intend to present at the public hearing. Do not
include any confidential business information in that statement. If you
plan to testify, you must file a copy of your oral statement by the
date specified in this notice. This statement will allow Commissioners
to understand your position in advance of the hearing and will also
assist the court reporter in preparing an accurate transcript of the
hearing (e.g., names spelled correctly).
(3) Post-hearing briefs refers to submissions filed after the
hearing by persons who appeared at the hearing. Such briefs: (a) Should
be limited to matters that arose during the hearing, (b) should respond
to any Commissioner and staff questions addressed to you at the
hearing, (c) should clarify, amplify, or correct any statements you
made at the hearing, and (d) may, at your option, address or rebut
statements made by other participants in the hearing.
(4) Other written submissions refer to any other written
submissions that interested persons wish to make, regardless of whether
they appeared at the hearing, and may include new information or
updates of information previously provided.
There is no standard format that briefs or other written
submissions must follow. However, each such document must identify on
its cover (1) the type of document filed (i.e., prehearing brief, oral
statement of (name), post-hearing brief, or written submission), (2)
the name of the person or organization filing it, and (3) whether it
contains confidential business information (CBI). If it contains CBI,
it must comply with the marking and other requirements set out below in
this notice relating to CBI. Submitters of written documents (other
than oral hearing statements) are encouraged to include a short summary
of their position or interest at the beginning of the document, and a
table of contents when the document addresses multiple issues.
Confidential Business Information: Any submissions that contain
confidential business information 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.
As requested by the USTR, the Commission will not include any
confidential business information in its report. However, all
information, including confidential business information, submitted in
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 for cybersecurity purposes. The Commission will not
otherwise disclose any confidential business information in a way that
would reveal the operations of the firm supplying the information.
Summaries of Written Submissions: Persons wishing to have a summary
of their position included in the report that the Commission sends to
the USTR should include a summary with their written submission and
should mark the summary as having been provided for that purpose. The
summary should be clearly marked as ``summary for inclusion in the
report'' at the top of the page. The summary may not exceed 500 words,
should be in MS Word format or a format that can be easily converted to
MS Word, and should not include any confidential business information.
The summary will be published as provided if it meets these
requirements and is germane to the subject matter of the investigation.
The Commission will list the name of the organization furnishing the
summary and will include a link to the Commission's Electronic Document
Information System (EDIS) where the full written submission can be
found.
By order of the Commission.
[[Page 2696]]
Issued: January 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-00535 Filed 1-12-21; 8:45 am]
BILLING CODE 7020-02-P
