Notice of Request for Submissions on the Public Interest; Certain Apparatus and Methods of Opening Containers, 238-239 [2021-28502]

Download as PDF 238 Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Notices tkelley on DSK125TN23PROD with NOTICE to the docket number (‘‘Docket No. 3578’’) 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 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)). 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Sep<11>2014 18:43 Jan 03, 2022 Jkt 256001 Issued: December 29, 2021. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2021–28500 Filed 1–3–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1255] Notice of Request for Submissions on the Public Interest; Certain Apparatus and Methods of Opening Containers U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that, on December 20, 2021, the presiding chief administrative law judge (‘‘CALJ’’) issued an Initial Determination Granting Complainant’s Motion for Summary Determination Under Section 337 of the Tariff Act of 1930, as Amended, which includes a recommended determination on remedy and bonding should a violation be found in the abovecaptioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. 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 EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: SUMMARY: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, specifically: A general exclusion order directed to certain apparatus and methods of opening containers that are imported, sold for importation, and/or sold after importation that infringe claim 12 of U.S. Patent No. 10,519,016. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the CALJ’s recommended relief set forth in the Initial Determination Granting Complainant’s Motion for Summary Determination Under Section 337 of the Tariff Act of 1930, as Amended, issued in this investigation on December 20, 2021. Comments should address whether issuance of the recommended remedial order 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 remedial order are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended order; (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 thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended order within a commercially reasonable time; and (v) explain how the recommended order would impact consumers in the United States. E:\FR\FM\04JAN1.SGM 04JAN1 tkelley on DSK125TN23PROD with NOTICE Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Notices Written submissions from the public must be filed no later than by close of business on January 20, 2022. 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–1255’’) 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 by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. 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 nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). VerDate Sep<11>2014 18:43 Jan 03, 2022 Jkt 256001 Issued: December 29, 2021. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2021–28502 Filed 1–3–22; 8:45 am] BILLING CODE 7020–02–P Antitrust Division United States District Court United States v. S&P Global Inc., et al.: Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Final Judgment, Order and Stipulation, and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in United States of America v. S&P Global Inc., et al., Civil Action No. 1:21–cv–03003. On November 12, 2021, the United States filed a Complaint alleging that (1) S&P’s proposed merger with IHS Markit Ltd. would violate Section 7 of the Clayton Act, 15 U.S.C. 18; and (2) the exclusivity and noncompete provisions of IHS Markit’s Data License with GasBuddy LLC violate Section 1 of the Sherman Act, 15 U.S.C. 1. The proposed Final Judgment, filed at the same time as the Complaint: (1) Requires S&P and IHS Markit to divest three price reporting agency businesses, Oil Price Information Services (OPIS), Coals, Metals, and Mining (CMM), and PetrochemWire (PCW); (2) requires S&P and IHS Markit to waive the exclusivity and non-compete provisions of IHS Markit’s Data License with GasBuddy; and (3) prohibits S&P, IHS Markit, and OPIS LLC from entering into, enforcing, renewing, or extending the term of any similar exclusive or non-compete provisions. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection on the Antitrust Division’s website at https://www.justice.gov/atr and at the Office of the Clerk of the United States District Court for the District of Columbia. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Public comment is invited within 60 days of the date of this notice. Such comments, including the name of the submitter, and responses thereto, will be posted on the Antitrust Division’s website, filed with the Court, and, under certain circumstances, published in the Federal Register. Comments should be Frm 00025 Fmt 4703 submitted in English and directed to Owen Kendler, Chief, Financial Services, Fintech, and Banking Section, Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 4000, Washington, DC 20530 (email address: owen.kendler@usdoj.gov). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. DEPARTMENT OF JUSTICE PO 00000 239 Sfmt 4703 for the District of Columbia United States of America, U.S. Department of Justice, Antitrust Division, 450 Fifth Street NW, Suite 4000, Washington, DC 20530, Plaintiff, v. S&P Global Inc., 55 Water Street, New York, NY 10041, and IHS Markit Ltd., 4th Floor, Ropemaker Place, 25 Ropemaker Street, London, United Kingdom, EC2Y 9LY, Defendants. Civil Action No.: 1:21–cv–3003–JEB COMPLAINT The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action against S&P Global Inc. (‘‘S&P’’) and IHS Markit Ltd. (‘‘IHSM’’) to enjoin S&P’s proposed merger with IHSM, to enjoin anticompetitive conduct by IHSM, and to obtain other equitable relief. The United States complains and alleges as follows: I. Introducton 1. On November 30, 2020, S&P and IHSM announced a merger to combine in an all-stock transaction that values IHSM at approximately $44 billion. S&P and IHSM are both financial and commodity information conglomerates, providing market data, indices, news, and analytical tools to participants in various financial and commodity markets around the world. 2. S&P and IHSM operate two of the four global price reporting agencies (‘‘PRAs’’) and two of the three leading PRAs in the United States. S&P provides PRA services through its Platts division (‘‘Platts’’), while IHSM offers PRA services primarily through its Oil Price Information Services (‘‘OPIS’’), Coal, Metals, and Mining (‘‘CMM’’), and PetrochemWire (‘‘PCW’’) businesses. 3. PRAs provide price assessments, news, and analysis related to numerous commodity markets around the world. PRAs sell their services to commodity industry participants (e.g., oil refiners, commodities traders, large fuel consumers like airlines), that use the information to inform supply and demand decisions, as a reference for price terms in supply contracts, and as the basis for settling hedging instruments like futures contracts. E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 238-239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28502]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1255]


Notice of Request for Submissions on the Public Interest; Certain 
Apparatus and Methods of Opening Containers

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that, on December 20, 2021, the 
presiding chief administrative law judge (``CALJ'') issued an Initial 
Determination Granting Complainant's Motion for Summary Determination 
Under Section 337 of the Tariff Act of 1930, as Amended, which includes 
a recommended determination on remedy and bonding should a violation be 
found in the above-captioned investigation. The Commission is 
soliciting submissions on public interest issues raised by the 
recommended relief should the Commission find a violation. This notice 
is soliciting comments from the public only.

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 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.
19 U.S.C. 1337(d)(1).
    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: A general exclusion order directed to certain 
apparatus and methods of opening containers that are imported, sold for 
importation, and/or sold after importation that infringe claim 12 of 
U.S. Patent No. 10,519,016. Parties are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the CALJ's recommended relief set forth in the Initial 
Determination Granting Complainant's Motion for Summary Determination 
Under Section 337 of the Tariff Act of 1930, as Amended, issued in this 
investigation on December 20, 2021. Comments should address whether 
issuance of the recommended remedial order 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 
remedial order are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended order;
    (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 recommended order within a 
commercially reasonable time; and
    (v) explain how the recommended order would impact consumers in the 
United States.

[[Page 239]]

    Written submissions from the public must be filed no later than by 
close of business on January 20, 2022.
    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-1255'') 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 by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. A redacted 
non-confidential version of the document must also be filed 
simultaneously with any confidential filing. 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 nonconfidential written submissions will be available for public 
inspection on EDIS.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    Issued: December 29, 2021.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2021-28502 Filed 1-3-22; 8:45 am]
BILLING CODE 7020-02-P
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