80_FR_62040 80 FR 61842 - Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding

80 FR 61842 - Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range61842-61843
FR Document2015-26048

Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (``ID'') (Order No. 28) of the presiding administrative law judge (``ALJ'') granting complainants' motion for summary determination of violation of section 337 and, on review, to make certain modifications in the ID.

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015)
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61842-61843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26048]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-935]


Certain Personal Transporters, Components Thereof, and Manuals 
Therefor; Commission Determination To Review in Part an Initial 
Determination Granting Complainant's Motion for Summary Determination 
of Violation of Section 337 and, on Review, To Modify the Initial 
Determination; Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an initial determination 
(``ID'') (Order No. 28) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion for summary determination of 
violation of section 337 and, on review, to make certain modifications 
in the ID.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or 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. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), on November 10, 2014, based on a complaint filed by 
Segway, Inc. of Bedford, New Hampshire (``Segway'') and DEKA Products 
Limited Partnership of Manchester, New Hampshire (``DEKA'') 
(collectively, ``Complainants''). 79 FR 66739-40 (Nov. 10, 2014). The 
amended complaint, as supplemented, alleges violations of Section 337 
by reason of infringement of certain claims of U.S. Patent Nos. 
6,789,640 (``the '640 patent''); 7,275,607 (``the '607 patent''); and 
8,830,048 (``the '048 patent''); the claim of U.S. Design Patent No. 
D551,722 (``the '722 design patent''); the claim of U.S. Design Patent 
No. D551,592 (``the '592 design patent''); and U.S. Copyright 
Registration No. TX-7-800-563 by numerous respondents. Id. In 
particular, the notice of investigation named the following thirteen 
entities as respondents: Ninebot Inc., Ninebot (Tianjin) Technology 
Co., Ltd., and PowerUnion (Beijing) Tech Co. Ltd. (the ``Ninebot 
Respondents''); Robstep Robot Co., Ltd. (``Robstep''); Shenzhen 
INMOTION Technologies Co., Ltd. (``INMOTION''); Tech in the City; and 
Freego USA, LLC (``FreeGo USA'') (collectively, ``Terminated 
Respondents''); UPTECH Robotics Technology Co., Ltd. (``UPTECH''); 
Beijing Universal Pioneering Technology Co., Ltd. (``U.P. 
Technology''); Beijing Universal Pioneering Robotics Co., Ltd. (``U.P. 
Robotics''); FreeGo High-Tech Corporation Limited (``FreeGo China''); 
and EcoBoomer Co. Ltd. (``EcoBoomer'') (collectively, ``Defaulting 
Respondents''); and Roboscooters.com (``Roboscooters''). The 
Commission's Office of Unfair Import Investigations was also named as a 
party.
    In the course of the investigation, the ALJ issued the following 
IDs with respect to the Terminated Respondents: ALJ Order Nos. 13 (Feb. 
19, 2015) (not reviewed Mar. 18, 2015) (terminating respondent FreeGo 
USA by consent order); 19 (May 4, 2015) (not reviewed May 20, 2015) 
(terminating respondent Robstep by settlement); 23 (Jun. 19, 2015) (not 
reviewed Jul. 15, 2015) (terminating respondent INMOTION by 
settlement); 24 (Jul. 8, 2015) (not reviewed Jul. 28, 2015) 
(terminating respondent Tech in the City by consent order); and 27 
(Aug. 20, 2015) (not reviewed Sept. 18, 2015) (terminating the Ninebot 
Respondents by settlement). The ALJ also issued an ID finding all of 
the Defaulting Respondents in default. See ALJ Order No. 20 (May 7, 
2015) (not reviewed May 27, 2015). The sole remaining respondent 
Roboscooters participated in a preliminary teleconference on December 
15, 2014, filed an answer to the complaint and notice of investigation 
(Dec. 31, 2014), partially responded to one set of Requests for 
Document Production, and produced a corporate witness for deposition on 
May 6, 2015, but did not otherwise participate in the investigation.
    On July 8, 2015, Complainants filed a motion for summary 
determination of violation of Section 337 by defaulting respondents and 
respondent Roboscooters. The Commission investigative attorney filed a 
response in support of the motion. No other responses were filed.
    On August 21, 2015, the ALJ issued an ID (Order No. 28) granting 
Complainants' motion and making recommendations regarding remedy and 
bonding. The ID finds, inter alia, a violation of Section 337 under 
subsection 337(g)(2) by reason of infringement of the '048 patent based 
on substantial, reliable, and probative evidence. 19 U.S.C. 1337(g)(2). 
The ID also finds a violation by the defaulting respondents and 
respondent Roboscooters by reason of infringement of the '640 patent, 
the '607 patent, the '722 design patent, the '592 design patent, and 
U.S. Copyright Registration No. TX-7-800-563. No party petitioned for 
review of the ID.
    The Commission has determined to review the ID in part and, on 
review, to clarify that the authority for the ALJ to draw adverse 
inferences against respondent Roboscooters for its failures to act 
during the investigation and find Roboscooters in violation is found in 
Commission Rule 210.17, 19 CFR 210.17. On review, the Commission also 
corrects certain apparent typographical errors. Specifically, in the 
last paragraph on page 45, ``Ex. 19'' should be substituted for ``Ex. 
9,'' the ``FreeGo F3'' should be substituted for the ``WindRunner 
G1U.'' Likewise, we

[[Page 61843]]

substitute ``Focxess'' for ``Estway'' in the last paragraph on page 60. 
See ID at 45; 60. Furthermore, we substitute the clause ``In support of 
their allegations in the Complaint that the Gen 2 PT vehicles practice 
claims of the Asserted Utility Patents,'' for the first clause of the 
last sentence on page 65 of the ID. See ID at 65-66.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or are likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. During this period, the subject 
articles would be entitled to enter the United States under bond, in an 
amount determined by the Commission and prescribed by the Secretary of 
the Treasury. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are further requested to provide the expiration dates of 
each of the asserted patents and copyright, and state the HTSUS 
subheadings under which the accused articles are imported. Complainants 
are also requested to supply the names of known importers of the 
infringing articles. The written submissions and proposed remedial 
orders must be filed no later than the close of business on October 21, 
2015. Reply submissions must be filed no later than the close of 
business on October 28, 2015. Such submissions should address the ALJ's 
recommended determinations on remedy and bonding which were made in 
Order No. 28. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    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 
investigation number (``Inv. No. 337-TA-935'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. 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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.
    Issued: October 7, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-26048 Filed 10-13-15; 8:45 am]
BILLING CODE 7020-02-P



                                              61842                     Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices

                                              International Trade Commission,                         hours (8:45 a.m. to 5:15 p.m.) in the                 reviewed Mar. 18, 2015) (terminating
                                              Washington, DC, and by publishing the                   Office of the Secretary, U.S.                         respondent FreeGo USA by consent
                                              notice in the Federal Register on May                   International Trade Commission, 500 E                 order); 19 (May 4, 2015) (not reviewed
                                              7, 2015 (80 FR 26296). The hearing was                  Street SW., Washington, DC 20436,                     May 20, 2015) (terminating respondent
                                              held in Washington, DC, on August 13,                   telephone (202) 205–2000. General                     Robstep by settlement); 23 (Jun. 19,
                                              2015, and all persons who requested the                 information concerning the Commission                 2015) (not reviewed Jul. 15, 2015)
                                              opportunity were permitted to appear in                 may also be obtained by accessing its                 (terminating respondent INMOTION by
                                              person or by counsel.                                   Internet server at http://www.usitc.gov.              settlement); 24 (Jul. 8, 2015) (not
                                                 The Commission made these                            The public record for this investigation              reviewed Jul. 28, 2015) (terminating
                                              determinations pursuant to sections                     may be viewed on the Commission’s                     respondent Tech in the City by consent
                                              705(b) and 735(b) of the Tariff Act of                  electronic docket (EDIS) at http://                   order); and 27 (Aug. 20, 2015) (not
                                              1930 (19 U.S.C. 1671d(b) and 19 U.S.C.                  edis.usitc.gov. Hearing-impaired                      reviewed Sept. 18, 2015) (terminating
                                              1673d(b)). It completed and filed its                   persons are advised that information on               the Ninebot Respondents by settlement).
                                              determinations in these investigations                  this matter can be obtained by                        The ALJ also issued an ID finding all of
                                              on October 7, 2015. The views of the                    contacting the Commission’s TDD                       the Defaulting Respondents in default.
                                              Commission are contained in USITC                       terminal on (202) 205–1810.                           See ALJ Order No. 20 (May 7, 2015) (not
                                              Publication 4565 (October 2015),                        SUPPLEMENTARY INFORMATION: The                        reviewed May 27, 2015). The sole
                                              entitled Boltless Steel Shelving Units                  Commission instituted this investigation              remaining respondent Roboscooters
                                              Prepackaged for Sale From China:                        under section 337 of the Tariff Act of                participated in a preliminary
                                              Investigation Nos. 701–TA–523 and                       1930, as amended, 19 U.S.C. 1337                      teleconference on December 15, 2014,
                                              731–TA–1259 (Final).                                    (‘‘Section 337’’), on November 10, 2014,              filed an answer to the complaint and
                                                By order of the Commission.                           based on a complaint filed by Segway,                 notice of investigation (Dec. 31, 2014),
                                                                                                      Inc. of Bedford, New Hampshire                        partially responded to one set of
                                                Issued: October 7, 2015.
                                                                                                      (‘‘Segway’’) and DEKA Products Limited                Requests for Document Production, and
                                              Lisa R. Barton,                                                                                               produced a corporate witness for
                                              Secretary to the Commission.                            Partnership of Manchester, New
                                                                                                                                                            deposition on May 6, 2015, but did not
                                                                                                      Hampshire (‘‘DEKA’’) (collectively,
                                              [FR Doc. 2015–26049 Filed 10–13–15; 8:45 am]                                                                  otherwise participate in the
                                                                                                      ‘‘Complainants’’). 79 FR 66739–40 (Nov.
                                              BILLING CODE 7020–02–P                                                                                        investigation.
                                                                                                      10, 2014). The amended complaint, as                     On July 8, 2015, Complainants filed a
                                                                                                      supplemented, alleges violations of                   motion for summary determination of
                                              INTERNATIONAL TRADE                                     Section 337 by reason of infringement of              violation of Section 337 by defaulting
                                              COMMISSION                                              certain claims of U.S. Patent Nos.                    respondents and respondent
                                                                                                      6,789,640 (‘‘the ’640 patent’’); 7,275,607            Roboscooters. The Commission
                                              [Investigation No. 337–TA–935]                          (‘‘the ’607 patent’’); and 8,830,048 (‘‘the           investigative attorney filed a response in
                                                                                                      ’048 patent’’); the claim of U.S. Design              support of the motion. No other
                                              Certain Personal Transporters,                          Patent No. D551,722 (‘‘the ’722 design
                                              Components Thereof, and Manuals                                                                               responses were filed.
                                                                                                      patent’’); the claim of U.S. Design Patent               On August 21, 2015, the ALJ issued
                                              Therefor; Commission Determination                      No. D551,592 (‘‘the ’592 design patent’’);
                                              To Review in Part an Initial                                                                                  an ID (Order No. 28) granting
                                                                                                      and U.S. Copyright Registration No. TX–               Complainants’ motion and making
                                              Determination Granting Complainant’s                    7–800–563 by numerous respondents.
                                              Motion for Summary Determination of                                                                           recommendations regarding remedy and
                                                                                                      Id. In particular, the notice of                      bonding. The ID finds, inter alia, a
                                              Violation of Section 337 and, on                        investigation named the following
                                              Review, To Modify the Initial                                                                                 violation of Section 337 under
                                                                                                      thirteen entities as respondents: Ninebot             subsection 337(g)(2) by reason of
                                              Determination; Request for Written                      Inc., Ninebot (Tianjin) Technology Co.,
                                              Submissions on Remedy, the Public                                                                             infringement of the ’048 patent based on
                                                                                                      Ltd., and PowerUnion (Beijing) Tech Co.               substantial, reliable, and probative
                                              Interest, and Bonding                                   Ltd. (the ‘‘Ninebot Respondents’’);                   evidence. 19 U.S.C. 1337(g)(2). The ID
                                              AGENCY: U.S. International Trade                        Robstep Robot Co., Ltd. (‘‘Robstep’’);                also finds a violation by the defaulting
                                              Commission.                                             Shenzhen INMOTION Technologies Co.,                   respondents and respondent
                                              ACTION: Notice.                                         Ltd. (‘‘INMOTION’’); Tech in the City;                Roboscooters by reason of infringement
                                                                                                      and Freego USA, LLC (‘‘FreeGo USA’’)                  of the ’640 patent, the ’607 patent, the
                                              SUMMARY:   Notice is hereby given that                  (collectively, ‘‘Terminated                           ’722 design patent, the ’592 design
                                              the U.S. International Trade                            Respondents’’); UPTECH Robotics                       patent, and U.S. Copyright Registration
                                              Commission has determined to review                     Technology Co., Ltd. (‘‘UPTECH’’);                    No. TX–7–800–563. No party petitioned
                                              in part an initial determination (‘‘ID’’)               Beijing Universal Pioneering                          for review of the ID.
                                              (Order No. 28) of the presiding                         Technology Co., Ltd. (‘‘U.P.                             The Commission has determined to
                                              administrative law judge (‘‘ALJ’’)                      Technology’’); Beijing Universal                      review the ID in part and, on review, to
                                              granting complainants’ motion for                       Pioneering Robotics Co., Ltd. (‘‘U.P.                 clarify that the authority for the ALJ to
                                              summary determination of violation of                   Robotics’’); FreeGo High-Tech                         draw adverse inferences against
                                              section 337 and, on review, to make                     Corporation Limited (‘‘FreeGo China’’);               respondent Roboscooters for its failures
                                              certain modifications in the ID.                        and EcoBoomer Co. Ltd. (‘‘EcoBoomer’’)                to act during the investigation and find
                                              FOR FURTHER INFORMATION CONTACT:                        (collectively, ‘‘Defaulting                           Roboscooters in violation is found in
                                              Michael Liberman, Esq., Office of the                   Respondents’’); and Roboscooters.com                  Commission Rule 210.17, 19 CFR
tkelley on DSK3SPTVN1PROD with NOTICES




                                              General Counsel, U.S. International                     (‘‘Roboscooters’’). The Commission’s                  210.17. On review, the Commission also
                                              Trade Commission, 500 E Street SW.,                     Office of Unfair Import Investigations                corrects certain apparent typographical
                                              Washington, DC 20436, telephone (202)                   was also named as a party.                            errors. Specifically, in the last paragraph
                                              205–3115. Copies of non-confidential                       In the course of the investigation, the            on page 45, ‘‘Ex. 19’’ should be
                                              documents filed in connection with this                 ALJ issued the following IDs with                     substituted for ‘‘Ex. 9,’’ the ‘‘FreeGo F3’’
                                              investigation are or will be available for              respect to the Terminated Respondents:                should be substituted for the
                                              inspection during official business                     ALJ Order Nos. 13 (Feb. 19, 2015) (not                ‘‘WindRunner G1U.’’ Likewise, we


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                                                                        Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices                                                61843

                                              substitute ‘‘Focxess’’ for ‘‘Estway’’ in the               Written Submissions: Parties to the                337 of the Tariff Act of 1930, as
                                              last paragraph on page 60. See ID at 45;                investigation, interested government                  amended (19 U.S.C. 1337), and in Part
                                              60. Furthermore, we substitute the                      agencies, and any other interested                    210 of the Commission’s Rules of
                                              clause ‘‘In support of their allegations in             parties are encouraged to file written                Practice and Procedure (19 CFR part
                                              the Complaint that the Gen 2 PT                         submissions on the issues of remedy,                  210).
                                              vehicles practice claims of the Asserted                the public interest, and bonding.
                                                                                                      Complainants and the IA are also                        By order of the Commission.
                                              Utility Patents,’’ for the first clause of
                                                                                                                                                              Issued: October 7, 2015.
                                              the last sentence on page 65 of the ID.                 requested to submit proposed remedial
                                              See ID at 65–66.                                        orders for the Commission’s                           Lisa R. Barton,
                                                 In connection with the final                         consideration. Complainants are further               Secretary to the Commission.
                                              disposition of this investigation, the                  requested to provide the expiration                   [FR Doc. 2015–26048 Filed 10–13–15; 8:45 am]
                                              Commission may (1) issue an order that                  dates of each of the asserted patents and             BILLING CODE 7020–02–P
                                              could result in the exclusion of the                    copyright, and state the HTSUS
                                              subject articles from entry into the                    subheadings under which the accused
                                              United States, and/or (2) issue one or                  articles are imported. Complainants are
                                              more cease and desist orders that could                 also requested to supply the names of                 DEPARTMENT OF JUSTICE
                                              result in the respondent being required                 known importers of the infringing
                                              to cease and desist from engaging in                    articles. The written submissions and                 Notice of Proposed Settlement
                                              unfair acts in the importation and sale                 proposed remedial orders must be filed                Agreement Under the Comprehensive
                                              of such articles. Accordingly, the                      no later than the close of business on                Environmental Response,
                                              Commission is interested in receiving                   October 21, 2015. Reply submissions                   Compensation, and Liability Act
                                              written submissions that address the                    must be filed no later than the close of
                                              form of remedy, if any, that should be                  business on October 28, 2015. Such                       On September 30, 2015, a fully-
                                              ordered. If a party seeks exclusion of an               submissions should address the ALJ’s                  executed proposed Settlement
                                              article from entry into the United States               recommended determinations on                         Agreement was received by the
                                              for purposes other than entry for                       remedy and bonding which were made                    Department of Justice, among the United
                                              consumption, the party should so                        in Order No. 28. No further submissions
                                              indicate and provide information                                                                              States on behalf of the U.S. Department
                                                                                                      on these issues will be permitted unless
                                              establishing that activities involving                                                                        of the Interior, U.S. Fish and Wildlife
                                                                                                      otherwise ordered by the Commission.
                                              other types of entry either are adversely                  Persons filing written submissions                 Service (‘‘FWS’’), the State of Ohio, on
                                              affecting it or are likely to do so. For                must file the original document                       behalf of the Ohio Environmental
                                              background, see In the Matter of Certain                electronically on or before the deadlines             Protection Agency (‘‘OEPA’’), and the
                                              Devices for Connecting Computers via                    stated above and submit 8 true paper                  State of Ohio, on behalf of the Ohio
                                              Telephone Lines, Inv. No. 337–TA–360,                   copies to the Office of the Secretary by              Department of Transportation
                                              USITC Pub. No. 2843 (Dec. 1994)                         noon the next day pursuant to section                 (‘‘ODOT’’).
                                              (Commission Opinion).                                   210.4(f) of the Commission’s Rules of                    The Settlement Agreement resolves
                                                 If the Commission contemplates some                  Practice and Procedure (19 CFR                        certain claims by the FWS and OEPA for
                                              form of remedy, it must consider the                    210.4(f)). Submissions should refer to                natural resource damages with respect
                                              effects of that remedy upon the public                  the investigation number (‘‘Inv. No.                  to a portion of the Ottawa River,
                                              interest. The factors the Commission                    337–TA–935’’) in a prominent place on                 primarily located in Lucas County,
                                              will consider include the effect that an                the cover page and/or the first page. (See
                                              exclusion order and/or cease and desist                                                                       Ohio, against ODOT. The Settlement
                                                                                                      Handbook for Electronic Filing
                                              orders would have on (1) the public                     Procedures, http://www.usitc.gov/                     Agreement requires ODOT to pay
                                              health and welfare, (2) competitive                     secretary/fed_reg_notices/rules/                      $221,865 to the Department of the
                                              conditions in the U.S. economy, (3) U.S.                handbook_on_electronic_filing.pdf).                   Interior’s Natural Resource Damage
                                              production of articles that are like or                 Persons with questions regarding filing               Assessment and Restoration Fund to be
                                              directly competitive with those that are                should contact the Secretary (202–205–                used by the FWS and OEPA, the natural
                                              subject to investigation, and (4) U.S.                  2000).                                                resource trustees (‘‘Trustees’’) for this
                                              consumers. The Commission is                               Any person desiring to submit a                    matter, for the joint benefit and use of
                                              therefore interested in receiving written               document to the Commission in                         the Trustees to pay for Trustee-
                                              submissions that address the                            confidence must request confidential                  sponsored natural resource restoration
                                              aforementioned public interest factors                  treatment. All such requests should be                efforts.
                                              in the context of this investigation.                   directed to the Secretary to the                         The publication of this notice opens
                                                 If the Commission orders some form                   Commission and must include a full
                                                                                                                                                            a period for public comment on the
                                              of remedy, the U.S. Trade                               statement of the reasons why the
                                              Representative, as delegated by the                                                                           proposed Settlement Agreement.
                                                                                                      Commission should grant such
                                              President, has 60 days to approve or                    treatment. See 19 CFR 201.6. Documents                Comments should be addressed to the
                                              disapprove the Commission’s action.                     for which confidential treatment by the               Assistant Attorney General,
                                              During this period, the subject articles                Commission is properly sought will be                 Environment and Natural Resources
                                              would be entitled to enter the United                   treated accordingly. A redacted non-                  Division, and should refer to United
                                              States under bond, in an amount                         confidential version of the document                  States’ Settlement Agreement with State
                                              determined by the Commission and                        must also be filed simultaneously with                of Ohio Department of Transportation,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              prescribed by the Secretary of the                      any confidential filing. All non-                     D.J. Ref. No. 90–11–3–09090/3. All
                                              Treasury. The Commission is therefore                   confidential written submissions will be              comments must be submitted no later
                                              interested in receiving submissions                     available for public inspection at the                than thirty (30) days after the
                                              concerning the amount of the bond that                  Office of the Secretary and on EDIS.                  publication date of this notice.
                                              should be imposed if a remedy is                           The authority for the Commission’s                 Comments may be submitted either by
                                              ordered.                                                determination is contained in section                 email or by mail:



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Document Created: 2018-02-27 08:50:06
Document Modified: 2018-02-27 08:50:06
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.
ContactMichael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. Copies of non- confidential documents filed in connection with this investigation are or 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. General information concerning the Commission may also be obtained by accessing its Internet server at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation80 FR 61842 

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