80_FR_13680 80 FR 13630 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

80 FR 13630 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 50 (March 16, 2015)

Page Range13630-13631
FR Document2015-05898

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Variable Valve Actuation Devices and Automobiles Containing the Same, DN 3063; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 80 Issue 50 (Monday, March 16, 2015)
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13630-13631]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05898]


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INTERNATIONAL TRADE COMMISSION


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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Variable Valve 
Actuation Devices and Automobiles Containing the Same, DN 3063; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing under section 210.8(b) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

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 EDIS \1\, and will be available for 
inspection during official business hours (8:45 a.m. to 5:15 p.m.) in 
the Office of the Secretary, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2000.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on

[[Page 13631]]

the Commission's Electronic Document Information System (EDIS) at 
EDIS.\3\ Hearing-impaired persons are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
(202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Jacobs Vehicle Systems, Inc. 
on March 10, 2015. 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 variable valve actuation devices 
and automobiles containing the same. The complaint names as respondents 
FCA US LLC of Auburn Hills, MI; FCA M[eacute]xico, S.A. de C.V. of 
M[eacute]xico D.F.; Sata-Societ[aacute] Automobilistica Tecnologie 
Avanzate S.p.A. of Italy; Fiat Automobili Srbija Doo of Serbia; and 
Fiat Chrysler Automobiles N.V. of United Kingdom. The complainant 
requests that the Commission issue a limited exclusion order, cease and 
desist orders, and a bond upon respondents' alleged infringing articles 
during the 60-day Presidential review period pursuant to 19 U.S.C. 
Sec.  1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 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 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.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3063'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures.\4\) Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    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 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    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 sections 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: March 10, 2015.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-05898 Filed 3-13-15; 8:45 am]
 BILLING CODE 7020-02-P



                                               13630                         Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

                                               toy sets containing the same by reason                  section 337 in the importation into the               allegations of the complaint and this
                                               of infringement of U.S. Design Patent                   United States, the sale for importation,              notice, and to authorize the
                                               No. D682,367 (‘‘the ’367 patent’’); U.S.                or the sale within the United States after            administrative law judge and the
                                               Design Patent No. D678,432 (‘‘the ’432                  importation of certain toy figurines and              Commission, without further notice to
                                               patent’’); U.S. Design Patent No.                       toy sets containing the same by reason                the respondent, to find the facts to be as
                                               D689,568 (‘‘the ’568 patent’’); U.S.                    of infringement of one or more of the                 alleged in the complaint and this notice
                                               Design Patent No. D672,413 (‘‘the ’413                  claim of the ’367 patent; the claim of the            and to enter an initial determination
                                               patent’’); U.S. Copyright Registration                  ’432 patent; the claim of the ’568 patent;            and a final determination containing
                                               No. VA 1–876–291 (‘‘the ’291                            the claim of the ’413 patent; the ’291                such findings, and may result in the
                                               copyright’’); U.S. Copyright Registration               copyright; the ’279 copyright; the ’378               issuance of an exclusion order or a cease
                                               No. VA 1–876–279 (the ’279                              copyright; and the ’373 copyright, and                and desist order or both directed against
                                               copyright’’); U.S. Copyright Registration               whether an industry in the United                     the respondent.
                                               No. VA 1–876–378 (‘‘the ’378                            States exists as required by subsection                 By order of the Commission.
                                               copyright’’); and U.S. Copyright                        (a)(2) of section 337;                                  Issued: March 11, 2015.
                                               Registration No. VA 1–876–373 (‘‘the                       (2) For the purpose of the
                                               ’373 copyright’’). The complaint further                                                                      Lisa R. Barton,
                                                                                                       investigation so instituted, the following
                                               alleges that an industry in the United                  are hereby named as parties upon which                Secretary to the Commission.
                                               States exists as required by subsection                 this notice of investigation shall be                 [FR Doc. 2015–05920 Filed 3–13–15; 8:45 am]
                                               (a)(2) of section 337.                                  served:                                               BILLING CODE 7020–02–P
                                                  The complainants request that the                       (a) The complainants are:
                                               Commission institute an investigation                   LEGO A/S, Aastvej 1, DK–7190, Billund,
                                               and, after the investigation, issue a                      Denmark.                                           INTERNATIONAL TRADE
                                               general exclusion order, or in the                      LEGO System A/S, Aastvej 1, DK–7190,                  COMMISSION
                                               alternative a limited exclusion order,                     Billund, Denmark.
                                               and cease and desist orders.                                                                                  Notice of Receipt of Complaint;
                                                                                                       LEGO Systems, Inc., 555 Taylor Road,
                                               ADDRESSES: The complaint, except for
                                                                                                                                                             Solicitation of Comments Relating to
                                                                                                          Enfield, CT 06082.
                                               any confidential information contained                                                                        the Public Interest
                                                                                                          (b) The respondents are the following
                                               therein, is available for inspection                    entities alleged to be in violation of                AGENCY: U.S. International Trade
                                               during official business hours (8:45 a.m.               section 337, and are the parties upon                 Commission.
                                               to 5:15 p.m.) in the Office of the                      which the complaint is to be served:                  ACTION: Notice.
                                               Secretary, U.S. International Trade
                                                                                                       La Rose Industries LLC d/b/a CRA-Z-
                                               Commission, 500 E Street SW., Room                                                                            SUMMARY:   Notice is hereby given that
                                                                                                          Art, 1578 Sussex Turnpike, Randolph,
                                               112, Washington, DC 20436, telephone                                                                          the U.S. International Trade
                                                                                                          NJ 07869.
                                               (202) 205–2000. Hearing impaired                                                                              Commission has received a complaint
                                                                                                       MEGA Brands, Inc., 4505 Hickmore,
                                               individuals are advised that information                                                                      entitled Certain Variable Valve
                                                                                                          Montreal, Quebec, Canada H4T 1K4.
                                               on this matter can be obtained by                       Best-Lock Construction Toys, Inc., Suite              Actuation Devices and Automobiles
                                               contacting the Commission’s TDD                            300, Rivergate Plaza, 444 Brickell                 Containing the Same, DN 3063; the
                                               terminal on (202) 205–1810. Persons                        Avenue, Miami, FL 33131.                           Commission is soliciting comments on
                                               with mobility impairments who will                                                                            any public interest issues raised by the
                                               need special assistance in gaining access                  (c) The Office of Unfair Import                    complaint or complainant’s filing under
                                               to the Commission should contact the                    Investigations, U.S. International Trade              section 210.8(b) of the Commission’s
                                               Office of the Secretary at (202) 205–                   Commission, 500 E Street SW., Suite                   Rules of Practice and Procedure (19 CFR
                                               2000. General information concerning                    401, Washington, DC 20436; and                        210.8(b)).
                                                                                                          (3) For the investigation so instituted,
                                               the Commission may also be obtained                                                                           FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                       the Chief Administrative Law Judge,
                                               by accessing its Internet server at                                                                           R. Barton, Secretary to the Commission,
                                                                                                       U.S. International Trade Commission,
                                               http://www.usitc.gov. The public record                                                                       U.S. International Trade Commission,
                                                                                                       shall designate the presiding
                                               for this investigation may be viewed on                                                                       500 E Street SW., Washington, DC
                                                                                                       Administrative Law Judge.
                                               the Commission’s electronic docket                                                                            20436, telephone (202) 205–2000. The
                                                                                                          Responses to the complaint and the
                                               (EDIS) at http://edis.usitc.gov.                                                                              public version of the complaint can be
                                                                                                       notice of investigation must be
                                               FOR FURTHER INFORMATION CONTACT: The                    submitted by the named respondents in                 accessed on the Commission’s
                                               Office of Unfair Import Investigations,                 accordance with section 210.13 of the                 Electronic Document Information
                                               U.S. International Trade Commission,                    Commission’s Rules of Practice and                    System (EDIS) at EDIS 1, and will be
                                               telephone (202) 205–2560.                               Procedure, 19 CFR 210.13. Pursuant to                 available for inspection during official
                                                 Authority: The authority for institution of           19 CFR 201.16(e) and 210.13(a), such                  business hours (8:45 a.m. to 5:15 p.m.)
                                               this investigation is contained in section 337          responses will be considered by the                   in the Office of the Secretary, U.S.
                                               of the Tariff Act of 1930, as amended, and              Commission if received not later than 20              International Trade Commission, 500 E
                                               in section 210.10 of the Commission’s Rules
                                                                                                       days after the date of service by the                 Street SW., Washington, DC 20436,
                                               of Practice and Procedure, 19 CFR 210.10                                                                      telephone (202) 205–2000.
                                               (2014).                                                 Commission of the complaint and the
                                                                                                                                                                General information concerning the
                                                                                                       notice of investigation. Extensions of
                                                                                                                                                             Commission may also be obtained by
                                                 Scope of Investigation: Having                        time for submitting responses to the
                                                                                                                                                             accessing its Internet server at United
                                               considered the complaint, the U.S.                      complaint and the notice of
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                                                                                                                                                             States International Trade Commission
                                               International Trade Commission, on                      investigation will not be granted unless
                                                                                                                                                             (USITC) at USITC.2 The public record
                                               March 10, 2015, ordered that—                           good cause therefor is shown.
                                                 (1) Pursuant to subsection (b) of                        Failure of a respondent to file a timely           for this investigation may be viewed on
                                               section 337 of the Tariff Act of 1930, as               response to each allegation in the                      1 Electronic Document Information System
                                               amended, an investigation be instituted                 complaint and in this notice may be                   (EDIS): http://edis.usitc.gov.
                                               to determine whether there is a                         deemed to constitute a waiver of the                    2 United States International Trade Commission

                                               violation of subsection (a)(1)(B) of                    right to appear and contest the                       (USITC): http://edis.usitc.gov.



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                                                                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                                   13631

                                               the Commission’s Electronic Document                    subject articles if they were to be                     Issued: March 10, 2015.
                                               Information System (EDIS) at EDIS.3                     excluded;                                             Lisa R. Barton,
                                               Hearing-impaired persons are advised                       (iv) indicate whether complainant,                 Secretary to the Commission.
                                               that information on this matter can be                  complainant’s licensees, and/or third                 [FR Doc. 2015–05898 Filed 3–13–15; 8:45 am]
                                               obtained by contacting the                              party suppliers have the capacity to                  BILLING CODE 7020–02–P
                                               Commission’s TDD terminal on (202)                      replace the volume of articles
                                               205–1810.                                               potentially subject to the requested
                                               SUPPLEMENTARY INFORMATION: The                          exclusion order and/or a cease and                    DEPARTMENT OF JUSTICE
                                               Commission has received a complaint                     desist order within a commercially
                                               and a submission pursuant to section                    reasonable time; and                                  Notice of Lodging of Proposed
                                               210.8(b) of the Commission’s Rules of                                                                         Consent Decree Under the Resource
                                                                                                          (v) explain how the requested                      Conservation and Recovery Act
                                               Practice and Procedure filed on behalf
                                                                                                       remedial orders would impact United
                                               of Jacobs Vehicle Systems, Inc. on                                                                               On March 9, 2015, the Department of
                                                                                                       States consumers.
                                               March 10, 2015. The complaint alleges                                                                         Justice lodged a proposed Consent
                                               violations of section 337 of the Tariff                    Written submissions must be filed no
                                                                                                                                                             Decree with the United States District
                                               Act of 1930 (19 U.S.C. 1337) in the                     later than by close of business, eight
                                                                                                                                                             Court for the District of Puerto Rico in
                                               importation into the United States, the                 calendar days after the date of
                                                                                                                                                             the lawsuit United States v. Total
                                               sale for importation, and the sale within               publication of this notice in the Federal
                                                                                                                                                             Petroleum Puerto Rico Corp., Civil
                                               the United States after importation of                  Register. There will be further                       Action No. 3:15–cv–01201.
                                               certain variable valve actuation devices                opportunities for comment on the                         This settlement resolves the United
                                               and automobiles containing the same.                    public interest after the issuance of any             States’ allegations that Defendant Total
                                               The complaint names as respondents                      final initial determination in this                   Petroleum Puerto Rico Corp. (‘‘Total
                                               FCA US LLC of Auburn Hills, MI; FCA                     investigation.                                        Puerto Rico’’) violated the Resource
                                               México, S.A. de C.V. of México D.F.;                     Persons filing written submissions                 Conservation and Recovery (‘‘Act’’) and
                                               Sata-Societá Automobilistica Tecnologie                must file the original document                       the Puerto Rico Underground Storage
                                               Avanzate S.p.A. of Italy; Fiat                          electronically on or before the deadlines             Tank Control Regulations (‘‘PRUSTR’’)
                                               Automobili Srbija Doo of Serbia; and                    stated above and submit 8 true paper                  at thirty-one facilities in Puerto Rico,
                                               Fiat Chrysler Automobiles N.V. of                       copies to the Office of the Secretary by              and the Act and its implementing
                                               United Kingdom. The complainant                         noon the next day pursuant to section                 regulations set forth at 40 CFR part 280
                                               requests that the Commission issue a                    210.4(f) of the Commission’s Rules of                 at four facilities in the U.S. Virgin
                                               limited exclusion order, cease and                      Practice and Procedure (19 CFR                        Islands, all of which contain
                                               desist orders, and a bond upon                          210.4(f)). Submissions should refer to                underground storage tanks (‘‘USTs’’)
                                               respondents’ alleged infringing articles                the docket number (‘‘Docket No. 3063’’)               owned by Total Puerto Rico. The United
                                               during the 60-day Presidential review                   in a prominent place on the cover page                States’ claims against Total Puerto Rico
                                               period pursuant to 19 U.S.C. § 1337(j).                 and/or the first page. (See Handbook for              stem from the company’s alleged failure
                                                  Proposed respondents, other                          Electronic Filing Procedures, Electronic              to report and investigate suspected
                                               interested parties, and members of the                  Filing Procedures.4) Persons with                     releases; to monitor for releases; to
                                               public are invited to file comments, not                questions regarding filing should                     provide adequate overfill prevention
                                               to exceed five (5) pages in length,                     contact the Secretary (202–205–2000).                 and corrosion protection equipment; to
                                               inclusive of attachments, on any public                                                                       secure dispensers and lines when
                                               interest issues raised by the complaint                    Any person desiring to submit a                    facilities are temporarily closed; to
                                               or section 210.8(b) filing. Comments                    document to the Commission in                         secure monitoring wells; and to
                                               should address whether issuance of the                  confidence must request confidential                  maintain records of release detection
                                               relief specifically requested by the                    treatment. All such requests should be                monitoring.
                                               complainant in this investigation would                 directed to the Secretary to the                         The proposed Consent Decree
                                               affect the public health and welfare in                 Commission and must include a full                    resolves these allegations by requiring
                                               the United States, competitive                          statement of the reasons why the                      that Total Puerto Rico pay a $426,000
                                               conditions in the United States                         Commission should grant such                          penalty, implement injunctive relief
                                               economy, the production of like or                      treatment. See 19 CFR 201.6. Documents                valued at approximately $1,000,000,
                                               directly competitive articles in the                    for which confidential treatment by the               and undertake a Supplemental
                                               United States, or United States                         Commission is properly sought will be                 Environmental Project (‘‘SEP’’) valued at
                                               consumers.                                              treated accordingly. All nonconfidential              approximately $600,000. As part of the
                                                  In particular, the Commission is                     written submissions will be available for             injunctive relief, Total Puerto Rico will
                                               interested in comments that:                            public inspection at the Office of the                install, or upgrade to, fully automated
                                                  (i) explain how the articles potentially             Secretary and on EDIS.5                               electronic release detection monitoring
                                               subject to the requested remedial orders                   This action is taken under the                     equipment at 137 facilities with Total-
                                               are used in the United States;                          authority of section 337 of the Tariff Act            owned USTs in active operation. This
                                                  (ii) identify any public health, safety,             of 1930, as amended (19 U.S.C. 1337),                 obligation to install automated release
                                               or welfare concerns in the United States                and of sections 201.10 and 210.8(c) of                detection monitoring equipment, which
                                               relating to the requested remedial                      the Commission’s Rules of Practice and                provide the best available method of
                                               orders;                                                 Procedure (19 CFR 201.10, 210.8(c)).                  release detection, will extend to any
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                                                  (iii) identify like or directly                                                                            additional facilities with actively
                                                                                                         By order of the Commission.                         operating USTs acquired by Total
                                               competitive articles that complainant,
                                               its licensees, or third parties make in the                                                                   Puerto Rico after the date of lodging of
                                                                                                         4 Handbook for Electronic Filing Procedures:
                                               United States which could replace the                                                                         the Consent Decree. As part of the SEP,
                                                                                                       http://www.usitc.gov/secretary/fed_reg_notices/
                                                                                                       rules/handbook_on_electronic_filing.pdf.              Total Puerto Rico will install a
                                                 3 Electronic Document Information System                5 Electronic Document Information System            centralized monitoring system (CMS) for
                                               (EDIS): http://edis.usitc.gov.                          (EDIS): http://edis.usitc.gov.                        at least 125 of its facilities with actively


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Document Created: 2018-02-21 09:37:29
Document Modified: 2018-02-21 09:37:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLisa 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 EDIS \1\, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.
FR Citation80 FR 13630 

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