80 FR 53328 - WTO Environmental Goods Trade Negotiations: Advice on the Probable Economic Effect of Providing Duty-Free Treatment, Second List of Articles
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 171 (September 3, 2015)
Federal Register Volume 80, Issue 171 (September 3, 2015)
| Page Range | 53328-53330 | |
| FR Document | 2015-21879 |
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)] [Notices] [Pages 53328-53330] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21879] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. TA-131-040] WTO Environmental Goods Trade Negotiations: Advice on the Probable Economic Effect of Providing Duty-Free Treatment, Second List of Articles AGENCY: United States International Trade Commission. ACTION: Institution of investigation, scheduling of public hearing, and opportunity to provide written submissions. ----------------------------------------------------------------------- SUMMARY: Following receipt of a request dated August 20, 2015 (received August [[Page 53329]] 21, 2015) from the United States Trade Representative (USTR) under section 131 of the Trade Act of 1974 (19 U.S.C. 2151), the U.S. International Trade Commission (Commission) instituted investigation No. TA-131-040, WTO Environmental Goods Trade Negotiations: Advice on the Probable Economic Effect of Providing Duty-Free Treatment, Second List of Articles. DATES: October 5, 2015: Deadline for filing requests to appear at the public hearing. October 6, 2015: Deadline for filing pre-hearing briefs and statements. October 14, 2015: Public hearing. October 19, 2015: Deadline for filing post-hearing briefs and statements. October 19, 2015: Deadline for filing all other written submissions. December 4, 2015: Transmittal to USTR of Commission's report. ADDRESSES: All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://www.usitc.gov/secretary/edis.htm. FOR FURTHER INFORMATION CONTACT: Project Leader Mahnaz Khan (202-205- 2046 or mahnaz.khan@usitc.gov), or Deputy Project Leader Karl Tsuji (202-708-3434 or karl.tsuji@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or william.gearhart@usitc.gov). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. Background: In his letter, the USTR noted that he had notified Congress on March 21, 2014, of the President's intent to enter into negotiations with a group of World Trade Organization (WTO) Members to eliminate tariffs on environmental goods, and that on July 8, 2014, the United States and thirteen other WTO members launched negotiations on the Environmental Goods Agreement (EGA). The USTR also noted that, in preparation for the EGA negotiations, he had requested, and the Commission provided, two reports in 2014 with advice and information on U.S. environmental goods trade. He also noted that the product coverage submitted for preparation of those reports was provisional, given the absence of a universally accepted definition of an ``environmental good.'' He said that during the course of the EGA negotiations and USTR's preparatory consultations, a range of additional potential products have been identified. As requested by the USTR, the Commission will, pursuant to section 131 of the Trade Act of 1974, provide a report containing its advice as to the probable economic effect of providing duty-free treatment for imports of these additional potential products (as identified in the list attached to the USTR's letter) from all U.S. trading partners on (i) industries in the United States producing like or directly competitive products, and (ii) consumers. As requested, the report will provide analysis for each of the additional potential products for which U.S. tariffs remain, taking into account implementation of U.S. commitments in the WTO. The Commission's advice will be based on the U.S. tariff nomenclature in effect during 2015 and trade data for 2014. As requested, the Commission will provide its report to the USTR by December 4, 2015. The USTR stated that portions of the Commission's report will be classified as national security information and that the USTR considers the report to be an inter-agency memorandum that will contain pre- decisional advice and be subject to the deliberative process privilege. Public Hearing: A public hearing in connection with this investigation will be held at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC, beginning at 9:40 a.m. on October 14, 2015. Requests to appear at the public hearing should be filed with the Secretary, no later than 5:15 p.m., October 5, 2015, in accordance with the requirements in the ``Submissions'' section below. All pre-hearing briefs and statements should be filed not later than 5:15 p.m., October 6, 2015; and all post-hearing briefs and statements should be filed not later than 5:15 p.m., October 19, 2015. Written Submissions: In lieu of or in addition to participating in the hearing, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and should be received not later than 5:15 p.m., October 19, 2015. All written submissions must conform with the provisions of section 201.8 of the Commission's Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Office of the Secretary (202-205-2000). Any submissions that contain confidential business information (CBI) must also conform with the requirements of section 201.6 of the Commission's Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ``confidential'' or ``non-confidential'' version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of this investigation in the report it sends to the USTR. The Commission will not otherwise publish any confidential business information in a manner that would reveal the operations of the firm supplying the information. Summaries of Written Submissions: The Commission intends to publish summaries of the positions of interested persons in an appendix to its report. Persons wishing to have a summary of their position included in the appendix should include a summary with their written submission. The summary may not exceed 500 words, should be in MSWord format or a format that can be easily converted to MSWord, and should not include any confidential business information. The summary will [[Page 53330]] be published as provided if it meets these requirements and is germane to the subject matter of the investigation. In the appendix the Commission will identify the name of the organization furnishing the summary, and will include a link to the Commission's Electronic Document Information System (EDIS) where the full written submission can be found. Issued: August 28, 2015. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-21879 Filed 9-2-15; 8:45 am] BILLING CODE 7020-02-P
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On April 27, 2015, the ALJ issued his FR 37656–658 (July 1, 2015). Thereof, Inv. No. 337–TA–868, which
final initial determination on remand Specifically, the Commission relies substantively on the
(‘‘RID’’). The ALJ found that the accused determined to review the RID’s findings Commission’s determination in Certain
Nokia handsets meet the limitations concerning the application of the Wireless Devices with 3G Capabilities
‘‘generated using a same code’’ and ‘‘the Commission’s prior construction of the and Components Thereof, Inv. No. 337–
message being transmitted only claim limitation ‘‘successively TA–800, as affirmed by the United
subsequent to the subscriber unit [transmits/transmitted] signals’’ in States Court of Appeals for the Federal
receiving the indication’’ recited in the Certain Wireless Devices with 3G Circuit (InterDigital Commc’ns, Inc. v.
asserted claims of the ’966 and ’847 Capabilities and Components Thereof, Int’l Trade Comm’n, 2015 WL 669305
patents. The ALJ also found that the Inv. No. 337–TA–800 (‘‘the 800 (Fed. Cir. Feb. 18. 2015)). The
pilot signal (P–CPICH) in the 3GPP investigation’’) and Certain Wireless Commission further finds its prior
standard practiced by the accused Nokia Devices with 3G and/or 4G Capabilities constructions of the claim limitation
handsets satisfies the limitation and Components Thereof, Inv. No. 337– ‘‘successively [transmits/transmitted]
‘‘synchronize to the pilot signal’’ recited TA–868 (‘‘the 868 investigation’’). The signals’’ in the 868 and 800
in the asserted claim of the ’847 patent. Commission also determined to review investigations are persuasive authority
The ALJ further found that the currently the RID with respect to whether the which the Commission should apply
imported Nokia handsets, which accused products satisfy the claim uniformly to the asserted patents.
contain chips that were not previously limitation ‘‘successively [transmits/ The Commission also finds that issue
adjudicated, infringe the asserted claims transmitted] signals’’ as construed by preclusion requires a finding of non-
of the ’966 and ’847 patents. The ALJ the Commission in the 800 and 868 infringement with respect to the
also found that there is no evidence of investigations. The Commission further asserted claims of the ’966 and ’847
patent hold-up by InterDigital, but that determined to review the RID’s public patents, and that the evidence in the
there is evidence of reverse hold-up by interest findings. 80 FR at 37657–658. record independently supports a finding
the respondents. The ALJ found that the On July 10, 2015, InterDigital, of non-infringement with respect to the
public interest does not preclude Respondents, and the IA submitted claim limitation ‘‘successively
issuance of an exclusion order. The ALJ initial briefs in response to the [transmits/transmitted] signals as
did not issue a Recommended Commission’s notice of review previously construed by the
Determination on remedy or bonding. concerning issues of violation, remedy, Commission in the 868 investigation.
On May 11, 2015, MMO and Nokia bonding, and the public interest. On The Commission denies as moot
Inc. (collectively, ‘‘MMO’’) filed a July 20, 2015, the parties submitted Respondents motion to strike the
petition for review of certain aspects of response briefs. declaration of Dr. Jackson.
the RID, including infringement, In response to the Commission’s The investigation is terminated.
domestic industry, and the public request for briefing on remedy, bonding, The Commission will issue an
interest. Also on May 11, 2015, Nokia and the public interest, the following opinion reflecting its decision within
filed a petition for review of the RID submitted briefing on July 10, 2015: seven days of this notice.
with respect to infringement, domestic Edith Ramirez, Federal Trade The authority for the Commission’s
industry, and whether the Commission Commission Chairwoman; Ericsson Inc.; determination is contained in section
has jurisdiction over Nokia following and Intel Corporation, Dell Inc., and 337 of the Tariff Act of 1930, as
the sale of its handset business to MMO. Hewlett-Packard Company. On July 20, amended (19 U.S.C. § 1337), and in Part
Further on May 11, 2015, the 2015, the following submitted 210 of the Commission’s Rules of
Commission investigative attorney responsive briefing: Maureen K. Practice and Procedure (19 CFR part
(‘‘IA’’) filed a petition for review of the Ohlhausen and Joshua D. Wright, 210).
RID’s finding of infringement. Commissioners of the Federal Trade
On May 19, 2015, InterDigital filed a Commission; and J. Gregory Sidak, By order of the Commission.
response to MMO’s and the IA’s Chairman of Criterion Economics. Issued: August 28, 2015.
petitions for review. Also on May 19, On July 20, 2015, Respondents filed a Lisa R. Barton,
2015, MMO filed a response to the IA’s motion to strike the declaration of Dr. Secretary to the Commission.
petition for review. Further on May 19, Jackson that InterDigital submitted as an [FR Doc. 2015–21896 Filed 9–2–15; 8:45 am]
2015, the IA filed a response to MMO’s attachment to its response to the BILLING CODE 7020–02–P
and Nokia’s petitions for review. Commission’s notice. On July 23, 2015,
On June 3, 2015, InterDigital filed a the IA filed a response in support of the
statement on the public interest motion to strike. On July 30, 2015, INTERNATIONAL TRADE
pursuant to Commission Rule InterDigital filed a response opposing COMMISSION
210.50(a)(4). Also on June 3, 2015, the motion to strike.
several non-parties filed responses to Having examined the record of this [Investigation No. TA–131–040]
the Commission Notice issued on May investigation, including the RID, the
WTO Environmental Goods Trade
4, 2015, including: United States petitions for review, the responses
Negotiations: Advice on the Probable
Senator Robert Casey, Jr. of thereto, and the parties’ submissions on
Economic Effect of Providing Duty-
Pennsylvania; Microsoft Corporation; review, the Commission has determined
Free Treatment, Second List of Articles
Intel Corporation, Cisco Systems, Inc., to find no violation of section 337 with
Dell Inc., and Hewlett-Packard respect to the ’966 and ’847 patents. AGENCY: United States International
Company; Innovation Alliance; and Specifically, the Commission finds Trade Commission.
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Ericsson Inc. See 80 FR 26295–96 (May that issue preclusion applies with ACTION: Institution of investigation,
7, 2015). On June 24, 2015, United respect to the proper construction of the scheduling of public hearing, and
States Senator Patrick J. Toomey of claim limitation ‘‘successively opportunity to provide written
Pennsylvania also filed a response to the [transmits/transmitted] signals’’ based submissions.
Commission’s May 4, 2015, notice. on the Commission’s determination in
On June 25, 2015, the Commission Certain Wireless Devices with 3G and/ SUMMARY: Following receipt of a request
determined to review the RID in part. 80 or 4G Capabilities and Components dated August 20, 2015 (received August
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be published as provided if it meets Department of Labor’s and Docket occupational injuries, illnesses, and
these requirements and is germane to Office’s normal business hours, 8:15 accidents (29 U.S.C. 657). The OSH Act
the subject matter of the investigation. a.m. to 4:45 p.m., e.t. also requires that OSHA obtain such
In the appendix the Commission will Instructions: All submissions must information with minimum burden
identify the name of the organization include the Agency name and the OSHA upon employers, especially those
furnishing the summary, and will docket number (OSHA–2012–0014) for operating small businesses, and to
include a link to the Commission’s the Information Collection Request reduce to the maximum extent feasible
Electronic Document Information (ICR). All comments, including any unnecessary duplication of efforts in
System (EDIS) where the full written personal information you provide, are obtaining information (29 U.S.C. 657).
submission can be found. placed in the public docket without The purpose of the Lead in
Issued: August 28, 2015. change, and may be made available Construction Standard and its collection
By order of the Commission.
online at http://www.regulations.gov. of information (paperwork)
For further information on submitting requirements is to reduce occupational
Lisa R. Barton,
comments see the ‘‘Public lead exposure in the construction
Secretary to the Commission. Participation’’ heading in the section of industry. Lead exposure can result in
[FR Doc. 2015–21879 Filed 9–2–15; 8:45 am] this notice titled SUPPLEMENTARY both acute and chronic effects and can
BILLING CODE 7020–02–P INFORMATION. be fatal in severe cases of lead toxicity.
Docket: To read or download Some of the health effects associated
comments or other material in the with lead exposure include brain
DEPARTMENT OF LABOR docket, go to http://www.regulations.gov disorders which can lead to seizures,
or the OSHA Docket Office at the coma, and death; anemia; neurological
Occupational Safety and Health address above. All documents in the problems; high blood pressure; kidney
Administration docket (including this Federal Register problems; reproductive problems; and
[Docket No. OSHA–2012–0014] notice) are listed in the http:// decreased red blood cell production.
www.regulations.gov index; however, The major collection of information
The Lead in Construction Standard; some information (e.g., copyrighted requirements of the Standard are:
Extension of the Office of Management material) is not publicly available to Conducting worker exposure
and Budget’s (OMB) Approval of read or download from the Web site. All assessments; notifying workers of their
Information Collection (Paperwork) submissions, including copyrighted lead exposures; establishing,
Requirements material, are available for inspection implementing and reviewing a written
and copying at the OSHA Docket Office. compliance program annually; labeling
AGENCY: Occupational Safety and Health
You also may contact Theda Kenney at containers of contaminated protective
Administration (OSHA), Labor.
the address below to obtain a copy of clothing and equipment; providing
ACTION: Request for public comments.
the ICR. medical surveillance to workers;
SUMMARY: OSHA solicits public FOR FURTHER INFORMATION CONTACT: providing examining physicians with
comments concerning its proposal to Theda Kenney or Todd Owen, specific information; ensuring that
extend the Office of Management and Directorate of Standards and Guidance, workers receive a copy of their medical
Budget’s (OMB) approval of the OSHA, U.S. Department of Labor, Room surveillance results; posting warning
information collection requirements N–3609, 200 Constitution Avenue NW., signs; establishing and maintaining
contained in the Lead in Construction Washington, DC 20210; telephone (202) exposure monitoring, medical
Standard (29 CFR 1926.62). 693–2222. surveillance, medical removal and
DATES: Comments must be submitted SUPPLEMENTARY INFORMATION: objective data records; and providing
(postmarked, sent, or received) by workers with access to these records.
I. Background The records are used by employees,
November 2, 2015.
ADDRESSES: The Department of Labor, as part of its physicians, employers and OSHA to
Electronically: You may submit continuing effort to reduce paperwork determine the effectiveness of the
comments and attachments and respondent (i.e., employer) burden, employer’s compliance efforts.
electronically at http:// conducts a preclearance consultation II. Special Issues for Comment
www.regulations.gov, which is the program to provide the public with an
Federal eRulemaking Portal. Follow the opportunity to comment on proposed OSHA has a particular interest in
instructions online for submitting and continuing collection of comments on the following issues:
comments. information requirements in accord • Whether the proposed collection of
Facsimile: If your comments, with the Paperwork Reduction Act of information requirements are necessary
including attachments, are not longer 1995 (PRA–95) (44 U.S.C. for the proper performance of the
than 10 pages you may fax them to the 3506(c)(2)(A)). This program ensures Agency’s functions, including whether
OSHA Docket Office at (202) 693–1648. that information is in the desired the information is useful;
Mail, hand delivery, express mail, format, reporting burden (time and • The accuracy of OSHA’s estimate of
messenger, or courier service: When costs) is minimal, collection the burden (time and costs) of the
using this method, you must submit instruments are clearly understood, and collection of information requirements,
your comments and attachments to the OSHA’s estimate of the information including the validity of the
OSHA Docket Office, Docket No. collection burden is accurate. The methodology and assumptions used;
• The quality, utility, and clarity of
tkelley on DSK3SPTVN1PROD with NOTICES
OSHA–2012–0014, Occupational Safety Occupational Safety and Health Act of
and Health Administration, U.S. 1970 (the OSH Act) (29 U.S.C. 651 et the information collected; and
Department of Labor, Room N–2625, seq.) authorizes information collection • Ways to minimize the burden on
200 Constitution Avenue NW., by employers as necessary or employers who must comply; for
Washington, DC 20210. Deliveries appropriate for enforcement of the OSH example, by using automated or other
(hand, express mail, messenger, and Act or for developing information technological information collection
courier service) are accepted during the regarding the causes and prevention of and transmission techniques.
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Document Created: 2015-12-15 09:56:33
Document Modified: 2015-12-15 09:56:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Institution of investigation, scheduling of public hearing, and opportunity to provide written submissions. | |
| Dates | October 5, 2015: Deadline for filing requests to appear at the public hearing. October 6, 2015: Deadline for filing pre-hearing briefs and statements. October 14, 2015: Public hearing. October 19, 2015: Deadline for filing post-hearing briefs and statements. October 19, 2015: Deadline for filing all other written submissions. December 4, 2015: Transmittal to USTR of Commission's report. | |
| Contact | Project Leader Mahnaz Khan (202-205- 2046 or [email protected]), or Deputy Project Leader Karl Tsuji (202-708-3434 or [email protected]) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. | |
| FR Citation | 80 FR 53328 |
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