Large Residential Washers: Evaluation of the Effectiveness of Import Relief, 11474-11476 [2023-03686]
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
(‘‘the ’268 patent’’); and claims 1, 2, 8,
9, 11, 13, 14, and 17 of U.S. Patent No.
10,396,592 (‘‘the ’592 patent’’)
(collectively, ‘‘Asserted Patents’’). Id.
The Commission’s notice of
investigation named the following nine
entities as respondents: Alarm.com
Holdings, Inc. of Tysons, Virginia;
Alarm.com Inc. of Tysons, Virginia;
Ecobee, Inc. of Toronto, Ontario,
Canada; EnergyHub, Inc. of Brooklyn,
New York; Itron, Inc. of Liberty Lake,
Washington; Itron Distributed Energy
Management, Inc. of Liberty Lake,
Washington (‘‘Itron Distributed’’);
Resideo Smart Homes Technology
(Tianjin) of Tianjin, China; Resideo
Technologies, Inc. of Austin, Texas
(‘‘Resideo Technologies’’); and Xylem
Inc., of Rye Brook, New York (‘‘Xylem’’).
The Office of Unfair Import
Investigations was not named as a party
in this investigation. Id.
On December 10, 2021, the ALJ issued
an ID granting a motion to terminate the
investigation as to Xylem based upon
settlement. Order No. 7 (Dec. 10, 2021),
unreviewed by Comm’n Notice (Jan. 10,
2022).
On April 21, 2022, the ALJ issued an
ID granting a motion (1) to amend the
complaint and notice of investigation to
substitute new respondent Ademco Inc.
of Melville, New York for respondent
Resideo Technologies and (2) to
terminate the investigation as to
respondent Itron Distributed; claim 21
of the ’552 patent; claims 5, 14, and 17
of the ’522 patent; claims 5, 13, and 16
of the ’268 patent; and claims 8 and 9
of the ’592 patent based upon
withdrawal of the allegations in the
complaint. Order No. 12 (Apr. 21, 2022),
unreviewed by Comm’n Notice (May 17,
2022).
The Chief ALJ (‘‘CALJ’’) held an
evidentiary hearing from June 28–July 1,
2022 and received post-hearing briefs
thereafter (this investigation was
reassigned from ALJ Shaw to Chief ALJ
Cheney on June 17, 2022).
On November 16, 2022, the CALJ
issued the final ID finding no violation
of section 337 as to the asserted patent
claims. The ID found that by appearing
and participating in the investigation
and not contesting jurisdiction, the
parties have consented to personal
jurisdiction at the Commission. ID at 17.
The ID also found that the Commission
has in rem jurisdiction over the accused
products. Id. The ID further found that
the importation requirement under 19
U.S.C. 1337(a)(1)(B) is satisfied. Id. at 16
(citing JX–0015C, JX–0016C, JX–0017C,
JX–0018C (stipulations between the
parties as to importation)). The ID,
however, found that Causam failed to
demonstrate that it has standing to
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assert a claim of infringement for any of
the Asserted Patents. Id. at 17–26. The
ID also found that Causam failed to
prove infringement of the asserted
claims, and that Respondents failed to
show that any of the asserted claims are
invalid. Id. at 40–120, 177–224. Finally,
the ID found that Causam proved the
existence of a domestic industry that
practices the Asserted Patents as
required by 19 U.S.C. 1337(a)(2). Id. at
120–177. The ID included the CALJ’s
recommended determination on remedy
and bonding (‘‘RD’’). The RD
recommended that, should the
Commission find a violation, issuance
of a limited exclusion order and cease
and desist orders would be appropriate.
ID/RD at 225–230. The RD also
recommended imposing a bond in the
amount of one hundred percent (100%)
of entered value for covered products
imported during the period of
Presidential review. Id. at 230–32.
On November 28, 2022, Causam filed
a petition for review of the ID and
Respondents filed a contingent petition
for review of the ID. On December 6,
2022, the parties filed responses to the
petitions.
Having reviewed the record of the
investigation, including the final ID, the
parties’ submissions, the petitions for
review, and the response thereto, the
Commission has determined to review
the final ID in part. Specifically, the
Commission has determined to review
(1) the final ID’s findings as to Causam’s
standing to assert infringement of the
asserted patents; (2) the final ID’s
findings on obviousness; and (3) the
final ID’s domestic industry findings.
The Commission, upon review, takes
no position on (1) whether Causam has
standing to assert infringement of the
asserted patents; (2) whether the
asserted patent claims are invalid for
obviousness; and (3) whether Causam
satisfied the technical or economic
prongs of the domestic industry
requirement. The Commission adopts
all findings in the final ID that are not
inconsistent with the Commission’s
determination.
The investigation is terminated with a
finding of no violation of section 337.
The Commission vote for this
determination took place on February 16,
2023.
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.
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Issued: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–03703 Filed 2–22–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–076 (Evaluation)]
Large Residential Washers: Evaluation
of the Effectiveness of Import Relief
United States International
Trade Commission.
ACTION: Institution and scheduling of an
investigation under section 204(d) of the
Trade Act of 1974.
AGENCY:
Pursuant to section 204(d) of
the Trade Act of 1974 (‘‘the Act’’), the
Commission has instituted investigation
No. TA–201–076, Large Residential
Washers: Evaluation of the Effectiveness
of Import Relief, for the purpose of
evaluating the effectiveness of the relief
action imposed by the President on
imports of large residential washers and
parts thereof under section 203 of the
Act, which terminated on February 7,
2023.
DATES: February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Kristina Lara (202–205–3386), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired 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
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On January 23, 2018,
the President, pursuant to section 203 of
the Act (19 U.S.C. 2253), issued
Proclamation 9694, imposing a
safeguard measure on imports of certain
large residential washers and parts
thereof in the form of tariff-rate quotas.
The proclamation was published in the
Federal Register on January 25, 2018
(83 FR 3553). The measure took effect
on February 7, 2018, for a period of
three years and one day, or through
February 7, 2021, as modified by
Proclamation 9887 of May 16, 2019 (84
SUMMARY:
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FR 23425), Proclamation 9902 of May
31, 2019 (84 FR 26323), and
Proclamation 9979 of January 23, 2020
(85 FR 5125). The President imposed
the measure following receipt of a report
from the Commission in December 2017
under section 202 of the Trade Act (19
U.S.C. 2252) that contained an
affirmative determination, remedy
recommendations, and certain
additional findings (see Large
Residential Washers, Inv. No. TA–201–
076, USITC Publication 4745, Dec.
2017).
On December 8, 2020, in response to
a petition filed on behalf of Whirlpool
Corporation, Benton Harbor, Michigan,
the Commission issued its
determination and report pursuant to
section 204(c) of the Act (19 U.S.C.
2254(c)), finding that the safeguard
measure continued to be necessary to
prevent or remedy the serious injury to
the domestic industry, and that there
was evidence that the domestic industry
was making a positive adjustment to
import competition (see Large
Residential Washers: Extension of
Action, Inv. No. TA–201–076, USITC
Publication 5144, December 2020). On
January 14, 2021, the President issued
Proclamation 10133 (86 FR 6541,
January 21, 2021), pursuant to section
203(e)(1)(B) of the Act (19 U.S.C.
2253(e)(1)(B)), extending the safeguard
measure on large residential washers
and parts thereof through February 7,
2023.
Section 204(d) of the Act requires the
Commission, following termination of a
relief action, to evaluate the
effectiveness of the action in facilitating
positive adjustment by the domestic
industry to import competition,
consistent with the reasons set out by
the President in the report submitted to
the Congress under section 203(b) of the
Act. The Commission is required to
submit a report on the evaluation to the
President and the Congress no later than
180 days after the day on which the
relief action was terminated. Section
204(d)(2) requires the Commission to
hold a hearing in the course of
conducting its evaluation.
For further information concerning
the conduct of the investigation, hearing
procedures, and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
201), and part 206, subparts A and F (19
CFR part 206).
Participation in the investigation and
public service list.—Persons wishing to
participate in the investigation as
parties must file an entry of appearance
with the Secretary to the Commission,
as provided in section 201.11 of the
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Jkt 259001
Commission’s rules, not later than 21
days after publication of this notice in
the Federal Register. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigation upon the expiration
of the period for filing entries of
appearance.
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.
Limited disclosure of confidential
business information (CBI) under an
administrative protective order (APO)
and CBI service list.—Pursuant to
206.54(e) of the Commission’s rules, the
Secretary will make CBI gathered in this
investigation available to authorized
applicants under the APO issued in the
investigation in accordance with the
procedures set forth in section 206.17 of
the rules, provided that the application
is made not later than 21 days after the
publication of this notice in the Federal
Register. The Secretary will maintain a
separate service list for those parties
authorized to receive CBI under the
APO.
Hearing.—As required by statute, the
Commission has scheduled a hearing in
connection with this investigation. The
hearing will be held beginning at 9:30
a.m. on Thursday, June 1, 2023.
Requests to appear at the hearing should
be filed in writing with the Secretary to
the Commission on or before May 25,
2023. Any requests to appear as a
witness via videoconference must be
included with your request to appear.
Requests to appear via videoconference
must include a statement explaining
why the witness cannot appear in
person; the Chairman, or other person
designated to conduct the investigation,
may in their discretion for good cause
shown, grant such a request. Requests to
appear as remote witness due to illness
or a positive COVID–19 test result may
be submitted by 3pm the business day
prior to the hearing. Further information
about participation in the hearing will
be posted on the Commission’s website
at https://www.usitc.gov/calendarpad/
calendar.html.
All parties and nonparties desiring to
appear at the hearing and make oral
presentations should attend a
prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on
May 30, 2023. Parties shall file and
serve written testimony and
presentation slides in connection with
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11475
their presentation at the hearing by no
later than 4 p.m. on May 31, 2023. Oral
testimony and written materials to be
submitted at the public hearing are
governed by sections 201.6(b)(2) and
201.13(f) of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions.—Each party is
encouraged to submit a prehearing brief
to the Commission. The deadline for
filing prehearing briefs is May 24, 2023.
Parties may also file posthearing briefs.
The deadline for filing posthearing
briefs is June 8, 2023. In addition, any
person who has not entered an
appearance as a party to the
investigation may submit a written
statement concerning the matters to be
addressed in the report on or before
June 8, 2023. All written submissions
must conform with the provisions of
section 201.8, 206.7, and 206.8 of the
Commission’s rules; any submissions
that contain confidential business
information must also conform with the
requirements of section 201.6 of the
Commission’s rules. Any confidential
business information that is provided
will be subject to limited disclosure
under the APO (see above) and may be
included in the report that the
Commission sends to the President and
the U.S. Trade Representative. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, will not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 206.8 of the Commission’s rules,
each document filed by a party to the
investigation must be served on all other
parties to the investigation (as identified
by the public 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.
Authority: This investigation is being
conducted under authority of 204(d) of
the Trade Act of 1974; this notice is
published pursuant to section 206.3 of
the Commission’s rules.
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11476
Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
By order of the Commission.
Issued: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–03686 Filed 2–22–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–539–C (Fifth
Review)]
Uranium From Russia; Scheduling of
an Expedited Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of an expedited
review pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
revocation of the antidumping duty
order on uranium from Russia would be
likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.
DATES: December 5, 2022.
FOR FURTHER INFORMATION CONTACT:
(Ahdia Bavari (202) 205–3191), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired 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
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On December 5, 2022,
the Commission determined that the
domestic interested party group
response to its notice of institution (87
FR 53774, September 1, 2022) of the
subject five-year review was adequate
and that the respondent interested party
group response was inadequate. The
Commission did not find any other
circumstances that would warrant
conducting a full review.1 Accordingly,
the Commission determined that it
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SUMMARY:
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.
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17:12 Feb 22, 2023
Jkt 259001
would conduct an expedited review
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 this review 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).
Staff report.—A staff report
containing information concerning the
subject matter of the review has been
placed in the nonpublic record, and will
be made available to persons on the
Administrative Protective Order service
list for this review on March 1, 2023. 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
review and that have provided
individually adequate responses to the
notice of institution,2 and any party
other than an interested party to the
review may file written comments with
the Secretary on what determination the
Commission should reach in the review.
Comments are due on or before March
9, 2023 and may not contain new factual
information. Any person that is neither
a party to the five-year review nor an
interested party may submit a brief
written statement (which shall not
contain any new factual information)
pertinent to the review by March 9,
2023. However, should the Department
of Commerce (‘‘Commerce’’) extend the
time limit for its completion of the final
results of its review, 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
upon the Commission’s procedures with
respect to filings.
2 The Commission has found the responses
submitted on behalf of Crow Butte Resources, Inc.,
Power Resources, Inc., Energy Fuels Resources
(USA) Inc., Ur-Energy USA Inc., ConverDyn,
Centrus Energy Corp. and its wholly-owned
subsidiary, United States Enrichment Corporation,
Global Laser Enrichment, LLC, Louisiana Energy
Services, LLC, and Uranium Producers of America
to be individually adequate. Comments from other
interested parties will not be accepted (see 19 CFR
207.62(d)(2)).
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In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to the review must be served
on all other parties to the review (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 that this review is
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: This review is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to section 207.62 of
the Commission’s rules.
By order of the Commission.
Issued: February 17, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–03758 Filed 2–22–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 701–TA–678 (Final)]
Barium Chloride From India
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of imports
of barium chloride from India, provided
for in subheading 2827.39.45 of the
Harmonized Tariff Schedule of the
United States, that have been found by
the U.S. Department of Commerce
(‘‘Commerce’’) to be subsidized by the
government of India.2
Background
The Commission instituted this
investigation effective January 12, 2022,
following receipt of a petition filed with
the Commission and Commerce by
Chemical Products Corp., Cartersville,
Georgia. The Commission scheduled the
final phase of the investigation
following notification of a preliminary
determination by Commerce that
imports of barium chloride from India
were being subsidized within the
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 88 FR 1044 (January 6, 2023).
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]]>Agencies
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11474-11476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03686]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-076 (Evaluation)]
Large Residential Washers: Evaluation of the Effectiveness of
Import Relief
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of an investigation under section
204(d) of the Trade Act of 1974.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 204(d) of the Trade Act of 1974 (``the
Act''), the Commission has instituted investigation No. TA-201-076,
Large Residential Washers: Evaluation of the Effectiveness of Import
Relief, for the purpose of evaluating the effectiveness of the relief
action imposed by the President on imports of large residential washers
and parts thereof under section 203 of the Act, which terminated on
February 7, 2023.
DATES: February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Kristina Lara (202-205-3386), 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 this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On January 23, 2018, the President, pursuant to
section 203 of the Act (19 U.S.C. 2253), issued Proclamation 9694,
imposing a safeguard measure on imports of certain large residential
washers and parts thereof in the form of tariff-rate quotas. The
proclamation was published in the Federal Register on January 25, 2018
(83 FR 3553). The measure took effect on February 7, 2018, for a period
of three years and one day, or through February 7, 2021, as modified by
Proclamation 9887 of May 16, 2019 (84
[[Page 11475]]
FR 23425), Proclamation 9902 of May 31, 2019 (84 FR 26323), and
Proclamation 9979 of January 23, 2020 (85 FR 5125). The President
imposed the measure following receipt of a report from the Commission
in December 2017 under section 202 of the Trade Act (19 U.S.C. 2252)
that contained an affirmative determination, remedy recommendations,
and certain additional findings (see Large Residential Washers, Inv.
No. TA-201-076, USITC Publication 4745, Dec. 2017).
On December 8, 2020, in response to a petition filed on behalf of
Whirlpool Corporation, Benton Harbor, Michigan, the Commission issued
its determination and report pursuant to section 204(c) of the Act (19
U.S.C. 2254(c)), finding that the safeguard measure continued to be
necessary to prevent or remedy the serious injury to the domestic
industry, and that there was evidence that the domestic industry was
making a positive adjustment to import competition (see Large
Residential Washers: Extension of Action, Inv. No. TA-201-076, USITC
Publication 5144, December 2020). On January 14, 2021, the President
issued Proclamation 10133 (86 FR 6541, January 21, 2021), pursuant to
section 203(e)(1)(B) of the Act (19 U.S.C. 2253(e)(1)(B)), extending
the safeguard measure on large residential washers and parts thereof
through February 7, 2023.
Section 204(d) of the Act requires the Commission, following
termination of a relief action, to evaluate the effectiveness of the
action in facilitating positive adjustment by the domestic industry to
import competition, consistent with the reasons set out by the
President in the report submitted to the Congress under section 203(b)
of the Act. The Commission is required to submit a report on the
evaluation to the President and the Congress no later than 180 days
after the day on which the relief action was terminated. Section
204(d)(2) requires the Commission to hold a hearing in the course of
conducting its evaluation.
For further information concerning the conduct of the
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 206, subparts A and F
(19 CFR part 206).
Participation in the investigation and public service list.--
Persons wishing to participate in the investigation as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11 of the Commission's rules, not later than 21
days after publication of this notice in the Federal Register. The
Secretary will prepare a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the investigation upon the expiration of the period for filing entries
of appearance.
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.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to 206.54(e) of the Commission's rules, the Secretary will
make CBI gathered in this investigation available to authorized
applicants under the APO issued in the investigation in accordance with
the procedures set forth in section 206.17 of the rules, provided that
the application is made not later than 21 days after the publication of
this notice in the Federal Register. The Secretary will maintain a
separate service list for those parties authorized to receive CBI under
the APO.
Hearing.--As required by statute, the Commission has scheduled a
hearing in connection with this investigation. The hearing will be held
beginning at 9:30 a.m. on Thursday, June 1, 2023. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before May 25, 2023. Any requests to appear as a
witness via videoconference must be included with your request to
appear. Requests to appear via videoconference must include a statement
explaining why the witness cannot appear in person; the Chairman, or
other person designated to conduct the investigation, may in their
discretion for good cause shown, grant such a request. Requests to
appear as remote witness due to illness or a positive COVID-19 test
result may be submitted by 3pm the business day prior to the hearing.
Further information about participation in the hearing will be posted
on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
All parties and nonparties desiring to appear at the hearing and
make oral presentations should attend a prehearing conference, if
deemed necessary, to be held at 9:30 a.m. on May 30, 2023. Parties
shall file and serve written testimony and presentation slides in
connection with their presentation at the hearing by no later than 4
p.m. on May 31, 2023. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2)
and 201.13(f) of the Commission's rules. Parties must submit any
request to present a portion of their hearing testimony in camera no
later than 7 business days prior to the date of the hearing.
Written submissions.--Each party is encouraged to submit a
prehearing brief to the Commission. The deadline for filing prehearing
briefs is May 24, 2023. Parties may also file posthearing briefs. The
deadline for filing posthearing briefs is June 8, 2023. In addition,
any person who has not entered an appearance as a party to the
investigation may submit a written statement concerning the matters to
be addressed in the report on or before June 8, 2023. All written
submissions must conform with the provisions of section 201.8, 206.7,
and 206.8 of the Commission's rules; any submissions that contain
confidential business information must also conform with the
requirements of section 201.6 of the Commission's rules. Any
confidential business information that is provided will be subject to
limited disclosure under the APO (see above) and may be included in the
report that the Commission sends to the President and the U.S. Trade
Representative. The Commission's Handbook on Filing Procedures,
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, will not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with sections 201.16(c) and 206.8 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by the
public 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.
Authority: This investigation is being conducted under authority of
204(d) of the Trade Act of 1974; this notice is published pursuant to
section 206.3 of the Commission's rules.
[[Page 11476]]
By order of the Commission.
Issued: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03686 Filed 2-22-23; 8:45 am]
BILLING CODE 7020-02-P
