80_FR_54766 80 FR 54591 - Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions

80 FR 54591 - Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 175 (September 10, 2015)

Page Range54591-54592
FR Document2015-22697

Following receipt of a letter on August 19, 2015, from the Committee on Finance of the United States Senate (Committee), the Commission has expanded the scope of investigation No. 332-552, Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions, and extended to October 23, 2015, the deadline for filing written submissions to the Commission.

Federal Register, Volume 80 Issue 175 (Thursday, September 10, 2015)
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54591-54592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22697]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-552]


Overview of Cuban Imports of Goods and Services and Effects of 
U.S. Restrictions

AGENCY: United States International Trade Commission.

ACTION: Expansion of scope of investigation; extension of deadline for 
filing written submissions.

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

SUMMARY: Following receipt of a letter on August 19, 2015, from the 
Committee on Finance of the United States Senate (Committee), the 
Commission has expanded the scope of investigation No. 332-552, 
Overview of Cuban Imports of Goods and Services and Effects of U.S. 
Restrictions, and extended to October 23, 2015, the deadline for filing 
written submissions to the Commission.

DATES:  October 23, 2015: Deadline for filing all written submissions.
    March 17, 2016: Transmittal of Commission report to the Senate 
Committee on Finance.

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 https://edis.usitc.gov/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Project Leader Heidi Colby-Oizumi 
(202-205-3391; [email protected]) or Deputy Project Leader Alissa 
Tafti (202-205-3244; [email protected]). For information on legal 
aspects, contact William Gearhart of the Office of the General Counsel 
(202-205-3091; [email protected]). The media should contact 
Margaret O'Laughlin, Office of External Relations (202-205-1819; 
[email protected]). General information concerning the 
Commission may also be obtained by accessing its Internet address 
(http://www.usitc.gov).Hearing impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 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.
    Background: The Commission instituted the investigation in response 
to a letter from the Committee on Finance dated December 17, 2014. In 
that letter the Committee asked that the Commission institute an 
investigation and provide a report that includes, to the extent 
possible, the following: (1) An overview of Cuba's imports of goods and 
services from 2005 to the present, including identification of major 
supplying countries, products, and market segments; (2) a description 
of how U.S. restrictions on trade, including those relating to export 
financing terms and travel to Cuba by U.S. citizens, affect Cuban 
imports of U.S. goods and services; and (3) for sectors where the 
impact is likely to be significant, a qualitative and, to the extent 
possible, quantitative estimate of U.S. exports of goods and services 
to Cuba in the event that statutory, regulatory, or other trade 
restrictions on U.S. exports of goods and services as well as travel to 
Cuba by U.S. citizens are lifted. The Committee also asked that the 
report include, to the extent possible, state-specific analysis of the 
impacts described above, and that the report be transmitted by 
September 15, 2015. In response, the Commission instituted the current 
investigation and published a notice of the investigation in the 
Federal Register on February 4, 2015 (80 FR 6137). The Commission also 
announced that it would hold a hearing in the course of the 
investigation, and the hearing was subsequently rescheduled to and held 
on June 2, 2015, with post-hearing briefs and statements due on June 9, 
2015, and all other written submissions due on June 19, 2015 (see 
Commission notice published in the Federal Register on March 4, 2015, 
80 FR 11689).
    In a letter dated and received on August 19, 2015, the Committee 
asked that the Commission expand the scope of its report to include:
    (1) A qualitative analysis of existing Cuban non-tariff measures, 
Cuban institutional and infrastructural factors, and other Cuban 
barriers that inhibit or affect the ability of U.S. and non-U.S. firms 
to conduct business in and with Cuba, with such measures, factors, and 
barriers to include, to the extent feasible, but not be limited to, the 
following topics: restrictions on trade and investment; property rights 
and ownership; customs duties and procedures; sanitary and 
phytosanitary measures; state trading; protection of intellectual 
property rights; and infrastructure as it affects telecommunications, 
port facilities, and the storage, transport, and distribution of goods;
    (2) a qualitative analysis of any effects that such measures, 
factors, and barriers would have on U.S. exports of goods and services 
to Cuba in the event of changes to statutory, regulatory, or other 
trade restrictions on U.S. exports of goods and services to Cuba; and
    (3) to the extent feasible, a quantitative analysis of the 
aggregate effects of Cuban tariff and non-tariff measures on the 
ability of U.S. and non-U.S. firms to conduct business in and with 
Cuba.
    In its letter of August 19, 2015, the Committee asked that the 
Commission transmit its completed report by March 17, 2016.
    Written Submissions: The Commission does not plan to hold a further 
public hearing in this investigation. However, interested parties are 
invited to file written submissions concerning this investigation. All 
written submissions should be addressed to the Secretary, and all such 
submissions should be received no later than 5:15 p.m., October 23, 
2015. All written submissions must conform to the provisions of section 
201.8 of the Commission's Rules of Practice and Procedure (19 CFR 
201.8). 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 
Secretary (202-205-2000).
    Any submissions that contain confidential business information 
(CBI) must also conform to the requirements of section 201.6 of the 
Commission's Rules of Practice and Procedure (19 CFR 201.6). Section 
201.6 of the rules requires that the cover of the document and the 
individual pages be clearly marked as to whether they are the 
``confidential'' or ``non-confidential'' version, and that the 
confidential business information is clearly

[[Page 54592]]

identified by means of brackets. All written submissions, except for 
confidential business information, will be made available for 
inspection by interested parties.
    The Committee has asked that the Commission's report not contain 
any confidential business information. Any confidential business 
information received by the Commission in this investigation and used 
in preparing this report will not be published 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 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.

    By order of the Commission.

     Issued: September 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-22697 Filed 9-9-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                           Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices                                             54591

                                                    Dated: September 3, 2015.                             this matter by contacting the                         procedures; sanitary and phytosanitary
                                                  Yolande Norman,                                         Commission’s TDD terminal at 202–                     measures; state trading; protection of
                                                  Acting Assistant Director, Program Support.             205–1810. Persons with mobility                       intellectual property rights; and
                                                  [FR Doc. 2015–22878 Filed 9–9–15; 8:45 am]              impairments who will need special                     infrastructure as it affects
                                                  BILLING CODE 4310–05–P
                                                                                                          assistance in gaining access to the                   telecommunications, port facilities, and
                                                                                                          Commission should contact the Office                  the storage, transport, and distribution
                                                                                                          of the Secretary at 202–205–2000.                     of goods;
                                                                                                             Background: The Commission                            (2) a qualitative analysis of any effects
                                                  INTERNATIONAL TRADE                                     instituted the investigation in response              that such measures, factors, and barriers
                                                  COMMISSION                                              to a letter from the Committee on                     would have on U.S. exports of goods
                                                  [Investigation No. 332–552]                             Finance dated December 17, 2014. In                   and services to Cuba in the event of
                                                                                                          that letter the Committee asked that the              changes to statutory, regulatory, or other
                                                  Overview of Cuban Imports of Goods                      Commission institute an investigation                 trade restrictions on U.S. exports of
                                                  and Services and Effects of U.S.                        and provide a report that includes, to                goods and services to Cuba; and
                                                  Restrictions                                            the extent possible, the following: (1)                  (3) to the extent feasible, a
                                                                                                          An overview of Cuba’s imports of goods                quantitative analysis of the aggregate
                                                  AGENCY:  United States International                    and services from 2005 to the present,                effects of Cuban tariff and non-tariff
                                                  Trade Commission.                                       including identification of major                     measures on the ability of U.S. and non-
                                                  ACTION: Expansion of scope of                           supplying countries, products, and                    U.S. firms to conduct business in and
                                                  investigation; extension of deadline for                market segments; (2) a description of                 with Cuba.
                                                  filing written submissions.                             how U.S. restrictions on trade,                          In its letter of August 19, 2015, the
                                                                                                          including those relating to export                    Committee asked that the Commission
                                                  SUMMARY:    Following receipt of a letter               financing terms and travel to Cuba by                 transmit its completed report by March
                                                  on August 19, 2015, from the Committee                  U.S. citizens, affect Cuban imports of                17, 2016.
                                                  on Finance of the United States Senate                  U.S. goods and services; and (3) for                     Written Submissions: The
                                                  (Committee), the Commission has                         sectors where the impact is likely to be              Commission does not plan to hold a
                                                  expanded the scope of investigation No.                 significant, a qualitative and, to the                further public hearing in this
                                                  332–552, Overview of Cuban Imports of                   extent possible, quantitative estimate of             investigation. However, interested
                                                  Goods and Services and Effects of U.S.                  U.S. exports of goods and services to                 parties are invited to file written
                                                  Restrictions, and extended to October                   Cuba in the event that statutory,                     submissions concerning this
                                                  23, 2015, the deadline for filing written               regulatory, or other trade restrictions on            investigation. All written submissions
                                                  submissions to the Commission.                          U.S. exports of goods and services as                 should be addressed to the Secretary,
                                                  DATES: October 23, 2015: Deadline for                   well as travel to Cuba by U.S. citizens               and all such submissions should be
                                                  filing all written submissions.                         are lifted. The Committee also asked                  received no later than 5:15 p.m.,
                                                     March 17, 2016: Transmittal of                       that the report include, to the extent                October 23, 2015. All written
                                                  Commission report to the Senate                         possible, state-specific analysis of the              submissions must conform to the
                                                  Committee on Finance.                                   impacts described above, and that the                 provisions of section 201.8 of the
                                                                                                          report be transmitted by September 15,                Commission’s Rules of Practice and
                                                  ADDRESSES: All Commission offices,
                                                                                                          2015. In response, the Commission                     Procedure (19 CFR 201.8). Section 201.8
                                                  including the Commission’s hearing
                                                                                                          instituted the current investigation and              and the Commission’s Handbook on
                                                  rooms, are located in the United States
                                                                                                          published a notice of the investigation               Filing Procedures require that interested
                                                  International Trade Commission
                                                                                                          in the Federal Register on February 4,                parties file documents electronically on
                                                  Building, 500 E Street SW., Washington,
                                                                                                          2015 (80 FR 6137). The Commission                     or before the filing deadline and submit
                                                  DC. All written submissions should be
                                                                                                          also announced that it would hold a                   eight (8) true paper copies by 12:00 p.m.
                                                  addressed to the Secretary, United
                                                                                                          hearing in the course of the                          eastern time on the next business day.
                                                  States International Trade Commission,
                                                                                                          investigation, and the hearing was                    In the event that confidential treatment
                                                  500 E Street SW., Washington, DC
                                                                                                          subsequently rescheduled to and held                  of a document is requested, interested
                                                  20436. The public record for this
                                                                                                          on June 2, 2015, with post-hearing briefs             parties must file, at the same time as the
                                                  investigation may be viewed on the
                                                                                                          and statements due on June 9, 2015, and               eight paper copies, at least four (4)
                                                  Commission’s electronic docket (EDIS)
                                                                                                          all other written submissions due on                  additional true paper copies in which
                                                  at https://edis.usitc.gov/edis3-internal/
                                                                                                          June 19, 2015 (see Commission notice                  the confidential information must be
                                                  app.
                                                                                                          published in the Federal Register on                  deleted (see the following paragraph for
                                                  FOR FURTHER INFORMATION CONTACT:                        March 4, 2015, 80 FR 11689).                          further information regarding
                                                  Project Leader Heidi Colby-Oizumi                          In a letter dated and received on                  confidential business information).
                                                  (202–205–3391; heidi.colby@usitc.gov)                   August 19, 2015, the Committee asked                  Persons with questions regarding
                                                  or Deputy Project Leader Alissa Tafti                   that the Commission expand the scope                  electronic filing should contact the
                                                  (202–205–3244; alissa.tafti@usitc.gov).                 of its report to include:                             Secretary (202–205–2000).
                                                  For information on legal aspects, contact                  (1) A qualitative analysis of existing                Any submissions that contain
                                                  William Gearhart of the Office of the                   Cuban non-tariff measures, Cuban                      confidential business information (CBI)
                                                  General Counsel (202–205–3091;                          institutional and infrastructural factors,            must also conform to the requirements
                                                  william.gearhart@usitc.gov). The media                  and other Cuban barriers that inhibit or              of section 201.6 of the Commission’s
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  should contact Margaret O’Laughlin,                     affect the ability of U.S. and non-U.S.               Rules of Practice and Procedure (19 CFR
                                                  Office of External Relations (202–205–                  firms to conduct business in and with                 201.6). Section 201.6 of the rules
                                                  1819; margaret.olaughlin@usitc.gov).                    Cuba, with such measures, factors, and                requires that the cover of the document
                                                  General information concerning the                      barriers to include, to the extent                    and the individual pages be clearly
                                                  Commission may also be obtained by                      feasible, but not be limited to, the                  marked as to whether they are the
                                                  accessing its Internet address (http://                 following topics: restrictions on trade               ‘‘confidential’’ or ‘‘non-confidential’’
                                                  www.usitc.gov).Hearing impaired                         and investment; property rights and                   version, and that the confidential
                                                  individuals may obtain information on                   ownership; customs duties and                         business information is clearly


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                                                  54592                    Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices

                                                  identified by means of brackets. All                    (‘‘ID’’) issued by the presiding                      America, Inc. and various of the
                                                  written submissions, except for                         administrative law judge (‘‘ALJ’’) in the             asserted claims. Notice (Dec. 31, 2014)
                                                  confidential business information, will                 above-captioned investigation on July 2,              (determining not to review Order No. 10
                                                  be made available for inspection by                     2015. The Commission requests certain                 (Dec. 2, 2014)); Notice (Jan. 9, 2015)
                                                  interested parties.                                     briefing from the parties on the issues               (determining not to review Order No. 11
                                                     The Committee has asked that the                     under review, as indicated in this                    (Dec. 11, 2014)); Notice (Jan. 13, 2015)
                                                  Commission’s report not contain any                     notice. The Commission also requests                  (determining not to review Order No. 13
                                                  confidential business information. Any                  briefing from the parties and interested              (Dec. 17, 2014)).
                                                  confidential business information                       persons on the issues of remedy, the                     On July 2, 2015, the ALJ issued a final
                                                  received by the Commission in this                      public interest, and bonding.                         ID finding no violation of section 337
                                                  investigation and used in preparing this                FOR FURTHER INFORMATION CONTACT:                      with respect to all three asserted
                                                  report will not be published in a manner                Lucy Grace D. Noyola, Office of the                   patents. Specifically, the ALJ found that
                                                  that would reveal the operations of the                 General Counsel, U.S. International                   the asserted claims of each patent are
                                                  firm supplying the information.                         Trade Commission, 500 E Street SW.,                   not infringed and were not shown to be
                                                     Summaries of Written Submissions:                    Washington, DC 20436, telephone (202)                 invalid for anticipation or obviousness.
                                                  The Commission intends to publish                       205–3438. Copies of non-confidential                  The ALJ found that the economic prong
                                                  summaries of the positions of interested                documents filed in connection with this               of the domestic industry requirement
                                                  persons in an appendix to its report.                   investigation are or will be available for            was not satisfied with respect to the
                                                  Persons wishing to have a summary of                    inspection during official business                   ’550 patent. The ALJ also issued a
                                                  their position included in the appendix                 hours (8:45 a.m. to 5:15 p.m.) in the                 Recommended Determination on
                                                  should include a summary with their                     Office of the Secretary, U.S.                         Remedy and Bonding (‘‘RD’’),
                                                  written submission. The summary may                     International Trade Commission, 500 E                 recommending, if the Commission finds
                                                  not exceed 500 words, should be in                      Street SW., Washington, DC 20436,                     a section 337 violation, that a limited
                                                  MSWord format or a format that can be                   telephone (202) 205–2000. General                     exclusion order and a cease and desist
                                                  easily converted to MSWord, and                         information concerning the Commission                 order should issue and that a bond
                                                  should not include any confidential                     may also be obtained by accessing its                 should be imposed at a reasonable
                                                  business information. The summary will                  Internet server (http://www.usitc.gov).               royalty of eight percent for each
                                                  be published as provided if it meets                    The public record for this investigation              infringing device imported during the
                                                  these requirements and is germane to                    may be viewed on the Commission’s                     period of presidential review.
                                                  the subject matter of the investigation.                                                                         On July 20, 2015, Navico, Garmin,
                                                                                                          electronic docket (EDIS) at http://
                                                  In the appendix the Commission will                                                                           and OUII timely filed petitions for
                                                                                                          edis.usitc.gov. Hearing-impaired
                                                  identify the name of the organization                                                                         review challenging various findings in
                                                                                                          persons are advised that information on
                                                  furnishing the summary, and will                                                                              the final ID. On July 28, 2015, the
                                                                                                          this matter can be obtained by                        parties filed responses. On August 5,
                                                  include a link to the Commission’s                      contacting the Commission’s TDD
                                                  Electronic Document Information                                                                               2015, Navico and Garmin filed a post-
                                                                                                          terminal on (202) 205–1810.                           RD statement on the public interest
                                                  System (EDIS) where the full written                    SUPPLEMENTARY INFORMATION: The
                                                  submission can be found.                                                                                      under Commission Rule 210.50(a)(4).
                                                                                                          Commission instituted this investigation              The Commission did not receive any
                                                    By order of the Commission.                           on July 14, 2014, based on a complaint                post-RD public interest comments from
                                                    Issued: September 3, 2015.                            filed by Navico, Inc. of Tulsa,                       the public. See 80 FR 39799 (July 10,
                                                  Lisa R. Barton,                                         Oklahoma, and Navico Holding AS, of                   2015).
                                                  Secretary to the Commission.                            Egersund, Norway (collectively,                          Having examined the record of this
                                                  [FR Doc. 2015–22697 Filed 9–9–15; 8:45 am]
                                                                                                          ‘‘Navico’’). 79 Fed. Reg. 40778 (July 14,             investigation, including the ID, the
                                                                                                          2014). The complaint alleged violations               petitions for review, and the responses
                                                  BILLING CODE 7020–02–P
                                                                                                          of section 337 of the Tariff Act of 1930,             thereto, the Commission has determined
                                                                                                          as amended, 19 U.S.C. 1337, by reason                 to review the ALJ’s determination of no
                                                  INTERNATIONAL TRADE                                     of the importation into the United                    violation in part. Specifically, the
                                                  COMMISSION                                              States, the sale for importation, and the             Commission has determined to review
                                                                                                          sale within the United States after                   (1) the ALJ’s construction of the
                                                  [Investigation No. 337–TA–921]                          importation of certain marine sonar                   limitation ‘‘single linear downscan
                                                                                                          imaging devices, including downscan                   transducer element’’ recited in claims 1
                                                  Certain Marine Sonar Imaging Devices,                   and sidescan devices, products
                                                  Including Downscan and Sidescan                                                                               and 23 of the ’840 patent (and its
                                                                                                          containing the same, and components                   variants in the ’499 and ’550 patents);
                                                  Devices, Products Containing the                        thereof. Id. The complaint alleged the
                                                  Same, and Components Thereof;                                                                                 (2) the ALJ’s construction of the
                                                                                                          infringement of certain claims of U.S.                limitation ‘‘combine’’ (and its variants)
                                                  Notice of Commission Determination                      Patent Nos. 8,305,840 (‘‘the ’840
                                                  To Review the Final Initial                                                                                   recited in claims 1, 24, and 43 of the
                                                                                                          patent’’), 8,300,499 (‘‘the ’499 patent’’),           ’499 patent; (3) the ALJ’s findings of
                                                  Determination in Part; Schedule for                     and 8,605,550 (‘‘the ’550 patent’’). Id.
                                                  Filing Written Submissions on the                                                                             noninfringement with respect to the
                                                                                                          The notice of investigation named                     three asserted patents; (4) the ALJ’s
                                                  Issues Under Review and on Remedy,                      Garmin International, Inc. and Garmin
                                                  Public Interest, and Bonding                                                                                  findings of validity with respect to the
                                                                                                          USA, Inc., each of Olathe, Kansas,                    three asserted patents; and (5) the ALJ’s
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  AGENCY: U.S. International Trade                        Garmin (Asia) Corporation of New                      finding regarding the economic prong of
                                                  Commission.                                             Taipei City, Taiwan (collectively,                    the domestic industry requirement with
                                                  ACTION: Notice.                                         ‘‘Garmin’’), and Garmin North America,                respect to the ’550 patent.
                                                                                                          Inc. as respondents. Id. The Office of                   The Commission has determined not
                                                  SUMMARY:   Notice is hereby given that                  Unfair Import Investigations (‘‘OUII’’)               to review the remaining issues decided
                                                  the U.S. International Trade                            was also named as a party. Id. The                    in the final ID.
                                                  Commission has determined to review-                    Commission later terminated the                          The parties are requested to brief their
                                                  in-part the final initial determination                 investigation as to Garmin North                      positions on the issues under review


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Document Created: 2015-12-15 10:04:07
Document Modified: 2015-12-15 10:04:07
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
ActionExpansion of scope of investigation; extension of deadline for filing written submissions.
DatesOctober 23, 2015: Deadline for filing all written submissions.
ContactProject Leader Heidi Colby-Oizumi (202-205-3391; [email protected]) or Deputy Project Leader Alissa Tafti (202-205-3244; [email protected]). For information on legal aspects, contact William Gearhart of the Office of the General Counsel (202-205-3091; [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819; [email protected]). General information concerning the
FR Citation80 FR 54591 

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