80_FR_72960 80 FR 72736 - Trans-Pacific Partnership Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors

80 FR 72736 - Trans-Pacific Partnership Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range72736-72738
FR Document2015-29659

Following receipt on November 5, 2015 of a request from the U.S. Trade Representative (USTR), the Commission has instituted investigation No. TPA-105-001, Trans-Pacific Partnership Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors, under section 105(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(c)), for the purpose of assessing the likely impact of the Agreement on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers. In addition to the United States, the Agreement includes Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Pages 72736-72738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29659]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. TPA-105-001]


Trans-Pacific Partnership Agreement: Likely Impact on the U.S. 
Economy and on Specific Industry Sectors

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of public hearing.

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

SUMMARY: Following receipt on November 5, 2015 of a request from the 
U.S. Trade Representative (USTR), the Commission has instituted 
investigation No. TPA-105-001, Trans-Pacific Partnership Agreement: 
Likely Impact on the U.S. Economy and on Specific Industry Sectors, 
under section 105(c) of the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015 (19 U.S.C. 4204(c)), for the purpose of 
assessing the likely impact of the Agreement on the U.S. economy as a 
whole and on specific industry sectors and the interests of U.S. 
consumers. In addition to the United States, the Agreement includes 
Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, 
New Zealand, Peru, Singapore, and Vietnam.

DATES: 
    December 22, 2015: Deadline for filing requests to appear at the 
public hearing.
    December 29, 2015: Deadline for filing pre-hearing briefs and 
statements.
    January 13, 2016: Public hearing.
    January 22, 2016: Deadline for filing post-hearing briefs and 
statements.
    February 15, 2016: Deadline for filing all other written 
submissions.
    May 18, 2016: Anticipated date for transmitting Commission report 
to the President and Congress.

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.

FOR FURTHER INFORMATION CONTACT: Project Leader Jose Signoret (202-205-
3125 or [email protected]) or Deputy Project Leader Laura 
Bloodgood (202-708-4726 or [email protected]) for information 
specific to this investigation. For information on the legal aspects of 
this investigation, contact William Gearhart of the

[[Page 72737]]

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.

Background

    On November 5, 2015, the Commission received a letter from the USTR 
stating that the President notified Congress, also on November 5, 2015, 
of his intent to enter into the Trans-Pacific Partnership Agreement 
with the countries of Australia, Brunei Darussalam, Canada, Chile, 
Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. As 
requested by the USTR and as required by section 105(c) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015 (2015 Act), the Commission will submit to the President and 
Congress a report assessing the likely impact of the Trans-Pacific 
Partnership (TPP) Agreement on the U.S. economy as a whole and on 
specific industry sectors and the interests of U.S. consumers. In 
assessing the likely impact, the Commission will include the impact the 
agreement will have on the U.S. gross domestic product; exports and 
imports; aggregate employment and employment opportunities; and the 
production, employment, and competitive position of industries likely 
to be significantly affected by the agreement. In preparing its 
assessment, the Commission will also review available economic 
assessments regarding the Agreement, including literature concerning 
any substantially equivalent proposed agreement. The Commission will 
provide a description of the analytical methods used and conclusions 
drawn in such literature, and a discussion of areas of consensus and 
divergence between the Commission's analyses and conclusions and other 
economic assessments reviewed.
    Section 105(c)(2) of the 2015 Act requires that the Commission 
submit its report to the President and the Congress not later than 105 
days after the President enters into the agreement. The USTR requested 
that the Commission provide the report as soon as possible. Section 
105(c)(4) of the 2015 Act requires the President to make the 
Commission's assessment under section 105(c)(2) available to the 
public.

Public Hearing

    The Commission will hold a public hearing in connection with this 
investigation at the U.S. International Trade Commission Building, 500 
E Street SW., Washington, DC, beginning at 9:30 a.m. on January 13, 
2016, and continuing on additional days, if necessary. Requests to 
appear at the public hearing should be filed with the Secretary no 
later than 5:15 p.m., December 22, 2015. All pre-hearing briefs and 
statements must be filed not later than 5:15 p.m., December 29, 2015; 
and all post-hearing briefs and statements, which should focus on 
matters raised at the hearing, must be filed not later than 5:15 p.m., 
January 22, 2016. In order to appear at the hearing, all interested 
parties and other persons appearing must file a pre-hearing brief or 
statement that sets forth the information and arguments they intend to 
present at the hearing. An extension of time for filing requests to 
appear, pre-hearing and post-hearing statements, and all other written 
submissions will not be granted unless the Chairman determines that the 
condition for granting an extension of time in section 201.14(b)(2) of 
the Commission Rules of Practice and Procedure (19 CFR 201.14(b)(2)) is 
met. All requests to appear and all pre-hearing and post-hearing briefs 
and statements should otherwise be filed in accordance with the 
requirements in the ``Written Submissions'' section below. In the event 
that, as of the close of business on December 22, 2015, no witnesses 
are scheduled to appear at the hearing, the hearing will be canceled. 
Any person interested in attending the hearing as an observer or 
nonparticipant should contact the Office of the Secretary at 202-205-
2000 after December 22, 2015, for information concerning whether the 
hearing will be held.

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. Except in the case of requests to appear at the hearing and 
pre-hearing and post-hearing briefs and statements, all written 
submissions should be received not later than 5:15 p.m., February 15, 
2016. All written submissions must conform with the provisions of 
section 201.8 of the Commission Rules of Practice and Procedure (19 CFR 
201.8). Section 201.8 and the Commission's Handbook on Filing 
Procedures requires 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 with the requirements of section 201.6 of the 
Commission 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. 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 either their pre-hearing or post-hearing brief 
or another written submission, or as a separate written submission, and 
the summary must be clearly marked on its front page as being their 
``summary of position for inclusion in the appendix to the Commission's 
report.'' 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

[[Page 72738]]

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: November 17, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-29659 Filed 11-19-15; 8:45 am]
BILLING CODE 7020-02-P



                                              72736                       Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices

                                              (202) 205–2000. Hearing impaired                        section 337, and are the parties upon                 INTERNATIONAL TRADE
                                              individuals are advised that information                which the complaint is to be served:                  COMMISSION
                                              on this matter can be obtained by
                                              contacting the Commission’s TDD                         Nautilus Hyosung Inc., 281                            [Investigation No. TPA–105–001]
                                              terminal on (202) 205–1810. Persons                        Gwangpyeong-ro, Gangnam-gu Gu,
                                                                                                         Seoul, Republic of Korea.                          Trans-Pacific Partnership Agreement:
                                              with mobility impairments who will                                                                            Likely Impact on the U.S. Economy and
                                              need special assistance in gaining access               Nautilus Hyosung America Inc., 6641 N.                on Specific Industry Sectors
                                              to the Commission should contact the                       Beltline Road, Suite 100, Irving, TX
                                              Office of the Secretary at (202) 205–                      75061.                                             AGENCY:  United States International
                                              2000. General information concerning                                                                          Trade Commission.
                                                                                                      HS Global, Inc., 381 Thor Pl., Brea, CA
                                              the Commission may also be obtained                        92821.                                             ACTION: Institution of investigation and
                                              by accessing its Internet server at                                                                           scheduling of public hearing.
                                              http://www.usitc.gov. The public record                    (3) For the investigation so instituted,
                                              for this investigation may be viewed on                 the Chief Administrative Law Judge,                   SUMMARY:   Following receipt on
                                              the Commission’s electronic docket                      U.S. International Trade Commission,                  November 5, 2015 of a request from the
                                              (EDIS) at http://edis.usitc.gov.                        shall designate the presiding                         U.S. Trade Representative (USTR), the
                                              FOR FURTHER INFORMATION CONTACT: The                    Administrative Law Judge.                             Commission has instituted investigation
                                              Office of Docket Services, U.S.                            The Office of Unfair Import                        No. TPA–105–001, Trans-Pacific
                                              International Trade Commission,                                                                               Partnership Agreement: Likely Impact
                                                                                                      Investigations will not participate as a
                                              telephone (202) 205–1802.                                                                                     on the U.S. Economy and on Specific
                                                                                                      party in this investigation.
                                                                                                                                                            Industry Sectors, under section 105(c) of
                                              SUPPLEMENTARY INFORMATION:                                 Responses to the complaint and the                 the Bipartisan Congressional Trade
                                                Authority: The authority for institution of           notice of investigation must be                       Priorities and Accountability Act of
                                              this investigation is contained in section 337          submitted by the named respondents in                 2015 (19 U.S.C. 4204(c)), for the purpose
                                              of the Tariff Act of 1930, as amended, and              accordance with section 210.13 of the                 of assessing the likely impact of the
                                              in section 210.10 of the Commission’s Rules
                                              of Practice and Procedure, 19 CFR 210.10
                                                                                                      Commission’s Rules of Practice and                    Agreement on the U.S. economy as a
                                              (2015).                                                 Procedure, 19 CFR 210.13. Pursuant to                 whole and on specific industry sectors
                                                                                                      19 CFR 201.16(e) and 210.13(a), such                  and the interests of U.S. consumers. In
                                                 Scope of Investigation: Having                       responses will be considered by the                   addition to the United States, the
                                              considered the complaint, the U.S.                      Commission if received not later than 20              Agreement includes Australia, Brunei
                                              International Trade Commission, on                      days after the date of service by the                 Darussalam, Canada, Chile, Japan,
                                              November 16, 2015, ordered that—                        Commission of the complaint and the                   Malaysia, Mexico, New Zealand, Peru,
                                                 (1) Pursuant to subsection (b) of                    notice of investigation. Extensions of                Singapore, and Vietnam.
                                              section 337 of the Tariff Act of 1930, as               time for submitting responses to the                  DATES:
                                              amended, an investigation be instituted                 complaint and the notice of                              December 22, 2015: Deadline for filing
                                              to determine whether there is a                         investigation will not be granted unless              requests to appear at the public hearing.
                                              violation of subsection (a)(1)(B) of                    good cause therefor is shown.                            December 29, 2015: Deadline for filing
                                              section 337 in the importation into the                                                                       pre-hearing briefs and statements.
                                              United States, the sale for importation,                   Failure of a respondent to file a timely              January 13, 2016: Public hearing.
                                              or the sale within the United States after              response to each allegation in the                       January 22, 2016: Deadline for filing
                                              importation of certain automated teller                 complaint and in this notice may be                   post-hearing briefs and statements.
                                              machines, ATM modules, components                       deemed to constitute a waiver of the                     February 15, 2016: Deadline for filing
                                              thereof, and products containing the                    right to appear and contest the                       all other written submissions.
                                              same by reason of infringement of one                   allegations of the complaint and this                    May 18, 2016: Anticipated date for
                                              or more of claims 1, 2, 5–8, 10, 16–18,                 notice, and to authorize the                          transmitting Commission report to the
                                              20, 22, 23, 26, and 27 of the ’616 patent;              administrative law judge and the                      President and Congress.
                                              claims 1–8, 12–18, and 21–27 of the                     Commission, without further notice to                 ADDRESSES: All Commission offices,
                                              ’461 patent; claims 1–15, 18–20, 22–26,                 the respondent, to find the facts to be as            including the Commission’s hearing
                                              and 28–30 of the ’010 patent; claims 1–                 alleged in the complaint and this notice              rooms, are located in the United States
                                              4, 6, 14, 15, and 19 of the ’761 patent;                and to enter an initial determination                 International Trade Commission
                                              claims 1–5 and 13–24 of the ’163 patent;                and a final determination containing                  Building, 500 E Street SW., Washington,
                                              and claims 1–8 and 12–20 of the ’631                    such findings, and may result in the                  DC. All written submissions should be
                                              patent, and whether an industry in the                  issuance of an exclusion order or a cease             addressed to the Secretary, United
                                              United States exists as required by                     and desist order or both directed against             States International Trade Commission,
                                              subsection (a)(2) of section 337;                       the respondent.                                       500 E Street SW., Washington, DC
                                                 (2) For the purpose of the                                                                                 20436. The public record for this
                                              investigation so instituted, the following                By order of the Commission.
                                                                                                                                                            investigation may be viewed on the
                                              are hereby named as parties upon which                    Issued: November 17, 2015.                          Commission’s electronic docket (EDIS)
                                              this notice of investigation shall be                   Lisa R. Barton,                                       at https://edis.usitc.gov.
                                              served:                                                 Secretary to the Commission.                          FOR FURTHER INFORMATION CONTACT:
                                                 (a) The complainants are:
                                                                                                      [FR Doc. 2015–29669 Filed 11–19–15; 8:45 am]          Project Leader Jose Signoret (202–205–
                                              Diebold, Incorporated, 5995 Mayfair
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      BILLING CODE 7020–02–P                                3125 or jose.signoret@usitc.gov) or
                                                 Road, North Canton, OH 44720.                                                                              Deputy Project Leader Laura Bloodgood
                                              Diebold Self-Service Systems, 5995                                                                            (202–708–4726 or laura.bloodgood@
                                                 Mayfair Road, North Canton, OH                                                                             usitc.gov) for information specific to this
                                                 44720.                                                                                                     investigation. For information on the
                                                (b) The respondents are the following                                                                       legal aspects of this investigation,
                                              entities alleged to be in violation of                                                                        contact William Gearhart of the


                                         VerDate Sep<11>2014   17:39 Nov 19, 2015   Jkt 238001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\20NON1.SGM   20NON1


                                                                          Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices                                             72737

                                              Commission’s Office of the General                      Section 105(c)(4) of the 2015 Act                     201.8 of the Commission Rules of
                                              Counsel (202–205–3091 or                                requires the President to make the                    Practice and Procedure (19 CFR 201.8).
                                              william.gearhart@usitc.gov). The media                  Commission’s assessment under section                 Section 201.8 and the Commission’s
                                              should contact Margaret O’Laughlin,                     105(c)(2) available to the public.                    Handbook on Filing Procedures requires
                                              Office of External Relations (202–205–                                                                        that interested parties file documents
                                                                                                      Public Hearing
                                              1819 or margaret.olaughlin@usitc.gov).                                                                        electronically on or before the filing
                                              Hearing-impaired individuals may                           The Commission will hold a public                  deadline and submit eight (8) true paper
                                              obtain information on this matter by                    hearing in connection with this                       copies by 12:00 p.m. eastern time on the
                                              contacting the Commission’s TDD                         investigation at the U.S. International               next business day. In the event that
                                              terminal at 202–205–1810. General                       Trade Commission Building, 500 E                      confidential treatment of a document is
                                              information concerning the Commission                   Street SW., Washington, DC, beginning                 requested, interested parties must file, at
                                              may also be obtained by accessing its                   at 9:30 a.m. on January 13, 2016, and                 the same time as the eight paper copies,
                                              Internet server (http://www.usitc.gov).                 continuing on additional days, if                     at least four (4) additional true paper
                                              Persons with mobility impairments who                   necessary. Requests to appear at the                  copies in which the confidential
                                              will need special assistance in gaining                 public hearing should be filed with the               information must be deleted (see the
                                              access to the Commission should                         Secretary no later than 5:15 p.m.,                    following paragraph for further
                                              contact the Office of the Secretary at                  December 22, 2015. All pre-hearing                    information regarding confidential
                                              202–205–2000.                                           briefs and statements must be filed not               business information). Persons with
                                                                                                      later than 5:15 p.m., December 29, 2015;              questions regarding electronic filing
                                              Background                                              and all post-hearing briefs and                       should contact the Secretary (202–205–
                                                 On November 5, 2015, the                             statements, which should focus on                     2000).
                                              Commission received a letter from the                   matters raised at the hearing, must be                   Any submissions that contain
                                              USTR stating that the President notified                filed not later than 5:15 p.m., January               confidential business information (CBI)
                                              Congress, also on November 5, 2015, of                  22, 2016. In order to appear at the                   must also conform with the
                                              his intent to enter into the Trans-Pacific              hearing, all interested parties and other             requirements of section 201.6 of the
                                              Partnership Agreement with the                          persons appearing must file a pre-                    Commission Rules of Practice and
                                              countries of Australia, Brunei                          hearing brief or statement that sets forth            Procedure (19 CFR 201.6). Section 201.6
                                              Darussalam, Canada, Chile, Japan,                       the information and arguments they                    of the rules requires that the cover of the
                                              Malaysia, Mexico, New Zealand, Peru,                    intend to present at the hearing. An                  document and the individual pages be
                                              Singapore, and Vietnam. As requested                    extension of time for filing requests to              clearly marked as to whether they are
                                              by the USTR and as required by section                  appear, pre-hearing and post-hearing                  the ‘‘confidential’’ or ‘‘non-confidential’’
                                              105(c) of the Bipartisan Congressional                  statements, and all other written                     version, and that the confidential
                                              Trade Priorities and Accountability Act                 submissions will not be granted unless                business information be clearly
                                              of 2015 (2015 Act), the Commission will                 the Chairman determines that the                      identified by means of brackets. All
                                              submit to the President and Congress a                  condition for granting an extension of                written submissions, except for
                                              report assessing the likely impact of the               time in section 201.14(b)(2) of the                   confidential business information, will
                                              Trans-Pacific Partnership (TPP)                         Commission Rules of Practice and                      be made available for inspection by
                                              Agreement on the U.S. economy as a                      Procedure (19 CFR 201.14(b)(2)) is met.               interested parties. Any confidential
                                              whole and on specific industry sectors                  All requests to appear and all pre-                   business information received by the
                                              and the interests of U.S. consumers. In                 hearing and post-hearing briefs and                   Commission in this investigation and
                                              assessing the likely impact, the                        statements should otherwise be filed in               used in preparing this report will not be
                                              Commission will include the impact the                  accordance with the requirements in the               published in a manner that would
                                              agreement will have on the U.S. gross                   ‘‘Written Submissions’’ section below.                reveal the operations of the firm
                                              domestic product; exports and imports;                  In the event that, as of the close of                 supplying the information.
                                              aggregate employment and employment                     business on December 22, 2015, no
                                              opportunities; and the production,                      witnesses are scheduled to appear at the              Summaries of Written Submissions
                                              employment, and competitive position                    hearing, the hearing will be canceled.                   The Commission intends to publish
                                              of industries likely to be significantly                Any person interested in attending the                summaries of the positions of interested
                                              affected by the agreement. In preparing                 hearing as an observer or nonparticipant              persons in an appendix to its report.
                                              its assessment, the Commission will                     should contact the Office of the                      Persons wishing to have a summary of
                                              also review available economic                          Secretary at 202–205–2000 after                       their position included in the appendix
                                              assessments regarding the Agreement,                    December 22, 2015, for information                    should include a summary with either
                                              including literature concerning any                     concerning whether the hearing will be                their pre-hearing or post-hearing brief or
                                              substantially equivalent proposed                       held.                                                 another written submission, or as a
                                              agreement. The Commission will                                                                                separate written submission, and the
                                              provide a description of the analytical                 Written Submissions                                   summary must be clearly marked on its
                                              methods used and conclusions drawn in                      In lieu of or in addition to                       front page as being their ‘‘summary of
                                              such literature, and a discussion of areas              participating in the hearing, interested              position for inclusion in the appendix to
                                              of consensus and divergence between                     parties are invited to file written                   the Commission’s report.’’ The summary
                                              the Commission’s analyses and                           submissions concerning this                           may not exceed 500 words, should be in
                                              conclusions and other economic                          investigation. All written submissions                MSWord format or a format that can be
                                              assessments reviewed.                                   should be addressed to the Secretary.                 easily converted to MSWord, and
tkelley on DSK3SPTVN1PROD with NOTICES




                                                 Section 105(c)(2) of the 2015 Act                    Except in the case of requests to appear              should not include any confidential
                                              requires that the Commission submit its                 at the hearing and pre-hearing and post-              business information. The summary will
                                              report to the President and the Congress                hearing briefs and statements, all                    be published as provided if it meets
                                              not later than 105 days after the                       written submissions should be received                these requirements and is germane to
                                              President enters into the agreement. The                not later than 5:15 p.m., February 15,                the subject matter of the investigation.
                                              USTR requested that the Commission                      2016. All written submissions must                    In the appendix the Commission will
                                              provide the report as soon as possible.                 conform with the provisions of section                identify the name of the organization


                                         VerDate Sep<11>2014   17:39 Nov 19, 2015   Jkt 238001   PO 00000   Frm 00058   Fmt 4703   Sfmt 4703   E:\FR\FM\20NON1.SGM   20NON1


                                              72738                       Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices

                                              furnishing the summary, and will                        contacting the Commission’s TDD                          (b) The respondents are the following
                                              include a link to the Commission’s                      terminal on (202) 205–1810. Persons                   entities alleged to be in violation of
                                              Electronic Document Information                         with mobility impairments who will                    section 337, and are the parties upon
                                              System (EDIS) where the full written                    need special assistance in gaining access             which the complaint is to be served:
                                              submission can be found.                                to the Commission should contact the                  Sizewise Rentals LLC, 1600 Genessee,
                                                By order of the Commission.                           Office of the Secretary at (202) 205–                 Suite 950, Kansas City, MO 64102;
                                                                                                      2000. General information concerning                  American National Manufacturing Inc.,
                                                Issued: November 17, 2015.
                                                                                                      the Commission may also be obtained                   252 Mariah Circle, Corona, CA 92879;
                                              Lisa R. Barton,
                                                                                                      by accessing its Internet server at                   Dires LLC and Dires LLC d/b/a Personal
                                              Secretary to the Commission.                            http://www.usitc.gov. The public record               Comfort Beds, 3411 Lake Breeze Drive,
                                              [FR Doc. 2015–29659 Filed 11–19–15; 8:45 am]            for this investigation may be viewed on               Bldg. 601, Ste. E/F, Orlando, FL 32808.
                                              BILLING CODE 7020–02–P                                  the Commission’s electronic docket                       (c) The Office of Unfair Import
                                                                                                      (EDIS) at http://edis.usitc.gov.                      Investigations, U.S. International Trade
                                                                                                      FOR FURTHER INFORMATION CONTACT: The                  Commission, 500 E Street SW., Suite
                                              INTERNATIONAL TRADE                                     Office of Unfair Import Investigations,               401, Washington, DC 20436; and
                                              COMMISSION                                              U.S. International Trade Commission,                     (4) For the investigation so instituted,
                                              [Investigation No. 337–TA–971]                          telephone (202) 205–2560.                             the Chief Administrative Law Judge,
                                                                                                         Authority: The authority for                       U.S. International Trade Commission,
                                              Certain Air Mattress Systems,                           institution of this investigation is                  shall designate the presiding
                                              Components Thereof, and Methods of                      contained in section 337 of the Tariff                Administrative Law Judge.
                                              Using the Same; Institution of                          Act of 1930, as amended, and in section                  Responses to the complaint and the
                                              Investigation                                           210.10 of the Commission’s Rules of                   notice of investigation must be
                                                                                                      Practice and Procedure, 19 CFR 210.10                 submitted by the named respondents in
                                              AGENCY: U.S. International Trade                        (2015).                                               accordance with section 210.13 of the
                                              Commission.                                                Scope of Investigation: Having                     Commission’s Rules of Practice and
                                              ACTION: Notice.                                         considered the complaint, the U.S.                    Procedure, 19 CFR 210.13. Pursuant to
                                              SUMMARY:    Notice is hereby given that a               International Trade Commission, on                    19 CFR 201.16(e) and 210.13(a), such
                                              complaint was filed with the U.S.                       November 16, 2015, ORDERED THAT—                      responses will be considered by the
                                                                                                         (1) Pursuant to subsection (b) of                  Commission if received not later than 20
                                              International Trade Commission on
                                                                                                      section 337 of the Tariff Act of 1930, as             days after the date of service by the
                                              October 16, 2015, under section 337 of
                                                                                                      amended, an investigation be instituted               Commission of the complaint and the
                                              the Tariff Act of 1930, as amended, 19                  to determine whether there is a
                                              U.S.C. 1337, on behalf of Select Comfort                                                                      notice of investigation. Extensions of
                                                                                                      violation of subsection (a)(1)(B) of                  time for submitting responses to the
                                              Corporation of Minneapolis, Minnesota                   section 337 in the importation into the
                                              and Select Comfort SC Corporation of                                                                          complaint and the notice of
                                                                                                      United States, the sale for importation,              investigation will not be granted unless
                                              Greenville, South Carolina.                             or the sale within the United States after
                                              Supplements were filed on October 28,                                                                         good cause therefor is shown.
                                                                                                      importation of certain air mattress                      Failure of a respondent to file a timely
                                              2015 and November 5, 2015. The                          systems, components thereof, and
                                              complaint, as supplemented, alleges                                                                           response to each allegation in the
                                                                                                      methods of using the same by reason of                complaint and in this notice may be
                                              violations of section 337 based upon the                infringement of one or more of claims 2,
                                              importation into the United States, the                                                                       deemed to constitute a waiver of the
                                                                                                      6, 9, 12, 16, 20 and 22–24 of the ’172                right to appear and contest the
                                              sale for importation, and the sale within               patent and claims 1, 5, 6, 16, 22, and 26
                                              the United States after importation of                                                                        allegations of the complaint and this
                                                                                                      of the ’554 patent, and whether an                    notice, and to authorize the
                                              certain air mattress systems,                           industry in the United States exists as
                                              components thereof, and methods of                                                                            administrative law judge and the
                                                                                                      required by subsection (a)(2) of section              Commission, without further notice to
                                              using the same by reason of                             337;
                                              infringement of certain claims of U.S.                                                                        the respondent, to find the facts to be as
                                                                                                         (2) Pursuant to Commission Rule
                                              Patent No. 5,904,172 (‘‘the ’172 patent’’)                                                                    alleged in the complaint and this notice
                                                                                                      210.50(b)(1), 19 CFR 210.50(b)(1), the
                                              and U.S. Patent No. 7,389,554 (‘‘the ’554                                                                     and to enter an initial determination
                                                                                                      presiding administrative law judge shall
                                              patent’’). The complaint further alleges                take evidence or other information and                and a final determination containing
                                              that an industry in the United States                   hear arguments from the parties and                   such findings, and may result in the
                                              exists as required by subsection (a)(2) of              other interested persons with respect to              issuance of an exclusion order or a cease
                                              section 337.                                            the public interest in this investigation,            and desist order or both directed against
                                                The complainants request that the                     as appropriate, and provide the                       the respondent.
                                              Commission institute an investigation                   Commission with findings of fact and a                  By order of the Commission.
                                              and, after the investigation, issue a                   recommended determination on this                       Issued: November 17, 2015.
                                              limited exclusion order and cease and                   issue, which shall be limited to the                  Lisa R. Barton,
                                              desist orders.                                          statutory public interest factors set forth           Secretary to the Commission.
                                              ADDRESSES: The complaint, except for                    in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);              [FR Doc. 2015–29670 Filed 11–19–15; 8:45 am]
                                              any confidential information contained                     (3) For the purpose of the                         BILLING CODE 7020–02–P
                                              therein, is available for inspection                    investigation so instituted, the following
                                              during official business hours (8:45 a.m.               are hereby named as parties upon which
tkelley on DSK3SPTVN1PROD with NOTICES




                                              to 5:15 p.m.) in the Office of the                      this notice of investigation shall be
                                              Secretary, U.S. International Trade                                                                           DEPARTMENT OF JUSTICE
                                                                                                      served:
                                              Commission, 500 E Street SW., Room                         (a) The complainants are: Select                   Foreign Claims Settlement
                                              112, Washington, DC 20436, telephone                    Comfort Corporation, 9800 59th Avenue                 Commission
                                              (202) 205–2000. Hearing impaired                        North, Minneapolis, MN 55442; Select
                                              individuals are advised that information                Comfort SC Corporation, 103 Shaw                      AGENCY:Foreign Claims Settlement
                                              on this matter can be obtained by                       Street, Greenville, SC 29609.                         Commission of the United States, DOJ.


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Document Created: 2015-12-14 13:58:14
Document Modified: 2015-12-14 13:58:14
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
ActionInstitution of investigation and scheduling of public hearing.
DatesDecember 22, 2015: Deadline for filing requests to appear at the public hearing.
ContactProject Leader Jose Signoret (202-205- 3125 or [email protected]) or Deputy Project Leader Laura Bloodgood (202-708-4726 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 Citation80 FR 72736 

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