81_FR_23597 81 FR 23520 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

81 FR 23520 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 77 (April 21, 2016)

Page Range23520-23521
FR Document2016-09212

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof DN 3140; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 81 Issue 77 (Thursday, April 21, 2016)
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23520-23521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09212]


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INTERNATIONAL TRADE COMMISSION


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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Sleep-Disordered 
Breathing Treatment Systems and Components Thereof DN 3140; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing under section 210.8(b) of the 
Commission's

[[Page 23521]]

Rules of Practice and Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at EDIS,\1\ and will be available for 
inspection during official business hours (8:45 a.m. to 5:15 p.m.) in 
the Office of the Secretary, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2000.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of ResMed Corp; ResMed Inc. and 
ResMed Ltd. on April 14, 2016. The complaint alleges violations of 
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain sleep-
disordered breathing treatment systems and components thereof. The 
complaint names as respondents BMC Medical Co., Ltd. of China; 3B 
Medical, Inc. of Lake Wales, FL; and 3B Products, L.L.C. of Lake Wales, 
FL. The complainant requests that the Commission issue a limited 
exclusion order, cease and desist orders and impose a bond upon 
respondents' alleged infringing articles during the 60-day Presidential 
review period pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3140'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \4\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: April 15, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09212 Filed 4-20-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                  23520                         Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                         TABLE A—PRODUCTS BEING CONSIDERED FOR DESIGNATION AS ELIGIBLE PRODUCTS FOR NEPAL—Continued
                                                        HTS                                                                            Brief description
                                                     subheading

                                                  6506.99.60 ........   Headgear (other than safety headgear), nesoi, of materials other than rubber, plastics, or furskins, whether or not lined or
                                                                         trimmed.



                                                     As requested, to the extent possible,                submissions should be received not                    Appendix 3; or (ii) by U.S. government
                                                  the Commission will provide its advice                  later than 5:15 p.m., June 24, 2016. All              employees and contract personnel (a)
                                                  and statistics separately and                           written submissions must conform to                   for cybersecurity purposes or (b) in
                                                  individually for each U.S. Harmonized                   the provisions of section 201.8 of the                monitoring user activity on U.S.
                                                  Tariff Schedule subheading for all                      Commission’s Rules of Practice and                    government classified networks. The
                                                  products subject to the request. The                    Procedure (19 CFR 201.8). Section 201.8               Commission will not otherwise disclose
                                                  USTR indicated that those sections of                   and the Commission’s Handbook on                      any confidential business information in
                                                  the Commission’s report and working                     Filing Procedures require that interested             a manner that would reveal the
                                                  papers that contain the Commission’s                    parties file documents electronically on              operations of the firm supplying the
                                                  advice and assessment will be classified                or before the filing deadline and submit              information.
                                                  as ‘‘confidential.’’ The USTR also stated               eight (8) true paper copies by 12:00 p.m.               Summaries of Written Submissions:
                                                  that his office considers the                           eastern time on the next business day.                The Commission intends to publish
                                                  Commission’s report to be an inter-                     In the event that confidential treatment              summaries of the positions of interested
                                                  agency memorandum that will contain                     of a document is requested, interested                persons. Persons wishing to have a
                                                  pre-decisional advice and be subject to                 parties must file, at the same time as the            summary of their position included in
                                                  the deliberative process privilege.                     eight paper copies, at least four (4)                 the report should include a summary
                                                     The Commission has instituted the                    additional true paper copies in which                 with their written submission. The
                                                  investigation under section 332(g) of the               the confidential information must be                  summary may not exceed 500 words,
                                                  Tariff Act of 1930 (19 U.S.C. 1332(g)) in               deleted (see the following paragraph for              should be in MSWord format or a format
                                                  order to facilitate the filing and                      further information regarding                         that can be easily converted to MSWord,
                                                  inspection of written submissions and                   confidential business information).                   and should not include any confidential
                                                  also to make the report a part of an                    Persons with questions regarding                      business information. The summary will
                                                  established Commission reporting                        electronic filing should contact the                  be published as provided if it meets
                                                  series. As requested by the USTR, the                   Office of the Secretary, Docket Services              these requirements and is germane to
                                                  Commission will provide its report to                   Division (202–205–1802).                              the subject matter of the investigation.
                                                  the USTR containing the requested                          Any submissions that contain                       The Commission will identify the name
                                                  advice by September 29, 2016. The                       confidential business information must                of the organization furnishing the
                                                  USTR asked that the Commission issue                    also conform to the requirements of                   summary and will include a link to the
                                                  a public version of the report as soon as               section 201.6 of the Commission’s Rules               Commission’s Electronic Document
                                                  possible thereafter, containing only the                of Practice and Procedure (19 CFR                     Information System (EDIS) where the
                                                  unclassified information, with any                      201.6). Section 201.6 of the rules                    full written submission can be found.
                                                  confidential business information                       requires that the cover of the document
                                                                                                                                                                  By order of the Commission.
                                                  deleted.                                                and the individual pages be clearly
                                                     Public Hearing: A public hearing in                  marked as to whether they are the                       Issued: April 15, 2016.
                                                  connection with this investigation will                 ‘‘confidential’’ or ‘‘non-confidential’’              Lisa R. Barton,
                                                  be held at the U.S. International Trade                 version, and that the confidential                    Secretary to the Commission.
                                                  Commission Building, 500 E Street SW.,                  business information is clearly                       [FR Doc. 2016–09182 Filed 4–20–16; 8:45 am]
                                                  Washington, DC, beginning at 9:30 a.m.                  identified by means of brackets. All                  BILLING CODE 7020–02–P
                                                  on Thursday June 9, 2016. Requests to                   written submissions, except for
                                                  appear at the public hearing should be                  confidential business information, will
                                                  filed with the Secretary no later than                  be made available for inspection by                   INTERNATIONAL TRADE
                                                  5:15 p.m., May 23, 2016. All pre-hearing                interested parties.                                   COMMISSION
                                                  briefs and statements should be filed no                   Disclosure of Confidential Business
                                                  later than 5:15 p.m., May 25, 2016; and                 Information: The Commission may                       Notice of Receipt of Complaint;
                                                  all post-hearing briefs and statements                  include some or all of the confidential               Solicitation of Comments Relating to
                                                  should be filed no later than 5:15 p.m.,                business information submitted in the                 the Public Interest
                                                  June 14, 2016. All requests to appear,                  course of this investigation in the report            AGENCY: U.S. International Trade
                                                  and pre- and post-hearing briefs and                    it sends to the USTR. Additionally, all               Commission.
                                                  statements should be filed by the above                 information, including confidential                   ACTION: Notice.
                                                  dates but otherwise in accordance with                  business information, submitted in this
                                                  the requirements of the ‘‘written                       investigation may be disclosed to and                 SUMMARY:   Notice is hereby given that
                                                  submissions’’ section below.                            used: (i) By the Commission, its                      the U.S. International Trade
                                                     Written Submissions: In lieu of or in                employees and Offices, and contract                   Commission has received a complaint
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  addition to appearing at the hearing,                   personnel (a) for developing or                       entitled Certain Sleep-Disordered
                                                  interested parties are invited to file                  maintaining the records of this or a                  Breathing Treatment Systems and
                                                  written submissions concerning this                     related proceeding, or (b) in internal                Components Thereof DN 3140; the
                                                  investigation. All written submissions                  investigations, audits, reviews, and                  Commission is soliciting comments on
                                                  should be addressed to the Secretary.                   evaluations relating to the programs,                 any public interest issues raised by the
                                                  Except for requests to appear and pre-                  personnel, and operations of the                      complaint or complainant’s filing under
                                                  and post-hearing briefs, all written                    Commission including under 5 U.S.C.                   section 210.8(b) of the Commission’s


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                                                                                Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                                 23521

                                                  Rules of Practice and Procedure (19 CFR                 should address whether issuance of the                treatment. All such requests should be
                                                  210.8(b)).                                              relief specifically requested by the                  directed to the Secretary to the
                                                  FOR FURTHER INFORMATION CONTACT: Lisa                   complainant in this investigation would               Commission and must include a full
                                                  R. Barton, Secretary to the Commission,                 affect the public health and welfare in               statement of the reasons why the
                                                  U.S. International Trade Commission,                    the United States, competitive                        Commission should grant such
                                                  500 E Street SW., Washington, DC                        conditions in the United States                       treatment. See 19 CFR 201.6. Documents
                                                  20436, telephone (202) 205–2000. The                    economy, the production of like or                    for which confidential treatment by the
                                                  public version of the complaint can be                  directly competitive articles in the                  Commission is properly sought will be
                                                  accessed on the Commission’s                            United States, or United States                       treated accordingly. All nonconfidential
                                                  Electronic Document Information                         consumers.                                            written submissions will be available for
                                                  System (EDIS) at EDIS,1 and will be                        In particular, the Commission is                   public inspection at the Office of the
                                                  available for inspection during official                interested in comments that:                          Secretary and on EDIS.5
                                                  business hours (8:45 a.m. to 5:15 p.m.)                    (i) Explain how the articles                          This action is taken under the
                                                  in the Office of the Secretary, U.S.                    potentially subject to the requested                  authority of section 337 of the Tariff Act
                                                  International Trade Commission, 500 E                   remedial orders are used in the United                of 1930, as amended (19 U.S.C. 1337),
                                                  Street SW., Washington, DC 20436,                       States;                                               and of sections 201.10 and 210.8(c) of
                                                  telephone (202) 205–2000.                                  (ii) identify any public health, safety,           the Commission’s Rules of Practice and
                                                     General information concerning the                   or welfare concerns in the United States              Procedure (19 CFR 201.10, 210.8(c)).
                                                  Commission may also be obtained by                      relating to the requested remedial                      By order of the Commission.
                                                  accessing its Internet server at United                 orders;                                                 Issued: April 15, 2016.
                                                  States International Trade Commission                      (iii) identify like or directly                    Lisa R. Barton,
                                                  (USITC) at USITC.2 The public record                    competitive articles that complainant,                Secretary to the Commission.
                                                  for this investigation may be viewed on                 its licensees, or third parties make in the
                                                                                                                                                                [FR Doc. 2016–09212 Filed 4–20–16; 8:45 am]
                                                  the Commission’s Electronic Document                    United States which could replace the
                                                                                                                                                                BILLING CODE 7020–02–P
                                                  Information System (EDIS) at EDIS.3                     subject articles if they were to be
                                                  Hearing-impaired persons are advised                    excluded;
                                                  that information on this matter can be                     (iv) indicate whether complainant,
                                                                                                          complainant’s licensees, and/or third                 DEPARTMENT OF JUSTICE
                                                  obtained by contacting the
                                                  Commission’s TDD terminal on (202)                      party suppliers have the capacity to
                                                                                                                                                                Drug Enforcement Administration
                                                  205–1810.                                               replace the volume of articles
                                                  SUPPLEMENTARY INFORMATION: The                          potentially subject to the requested                  Ibem R. Borges, M.D.; Decision and
                                                  Commission has received a complaint                     exclusion order and/or a cease and                    Order
                                                  and a submission pursuant to section                    desist order within a commercially
                                                                                                          reasonable time; and                                     On October 14, 2015, the Deputy
                                                  210.8(b) of the Commission’s Rules of
                                                                                                             (v) explain how the requested                      Assistant Administrator, Office of
                                                  Practice and Procedure filed on behalf
                                                                                                          remedial orders would impact United                   Diversion Control, Drug Enforcement
                                                  of ResMed Corp; ResMed Inc. and                                                                               Administration (DEA), issued an Order
                                                  ResMed Ltd. on April 14, 2016. The                      States consumers.
                                                                                                             Written submissions must be filed no               to Show Cause to Ibem R. Borges, M.D.
                                                  complaint alleges violations of section                                                                       (Respondent), of Orlando, Florida. GX 1.
                                                  337 of the Tariff Act of 1930 (19 U.S.C.                later than by close of business, eight
                                                                                                          calendar days after the date of                       The Show Cause Order proposed the
                                                  1337) in the importation into the United                                                                      revocation of Respondent’s DEA
                                                  States, the sale for importation, and the               publication of this notice in the Federal
                                                                                                          Register. There will be further                       Certificate of Registration BB3166053,
                                                  sale within the United States after                                                                           pursuant to which he is authorized to
                                                  importation of certain sleep-disordered                 opportunities for comment on the
                                                                                                          public interest after the issuance of any             dispense controlled substances in
                                                  breathing treatment systems and                                                                               schedules II though V as a practitioner,
                                                  components thereof. The complaint                       final initial determination in this
                                                                                                          investigation.                                        and the denial of any application to
                                                  names as respondents BMC Medical Co.,                                                                         renew or modify this registration, as
                                                                                                             Persons filing written submissions
                                                  Ltd. of China; 3B Medical, Inc. of Lake                                                                       well as any application for any other
                                                                                                          must file the original document
                                                  Wales, FL; and 3B Products, L.L.C. of                                                                         DEA registration, on the ground that
                                                                                                          electronically on or before the deadlines
                                                  Lake Wales, FL. The complainant                                                                               Respondent does ‘‘not have authority to
                                                                                                          stated above and submit 8 true paper
                                                  requests that the Commission issue a                                                                          handle controlled substances in Florida,
                                                                                                          copies to the Office of the Secretary by
                                                  limited exclusion order, cease and                                                                            the State in which [he is] registered with
                                                                                                          noon the next day pursuant to section
                                                  desist orders and impose a bond upon                                                                          the DEA.’’ Id. at 1.
                                                                                                          210.4(f) of the Commission’s Rules of
                                                  respondents’ alleged infringing articles                                                                         The Show Cause Order specifically
                                                                                                          Practice and Procedure (19 CFR
                                                  during the 60-day Presidential review                                                                         alleged that effective November 8, 2013,
                                                                                                          210.4(f)). Submissions should refer to
                                                  period pursuant to 19 U.S.C. 1337(j).                                                                         the Florida Department of Health issued
                                                     Proposed respondents, other                          the docket number (‘‘Docket No. 3140’’)
                                                                                                          in a prominent place on the cover page                an ‘‘Order of Emergency Restriction of
                                                  interested parties, and members of the                                                                        License’’ to Respondent, which
                                                  public are invited to file comments, not                and/or the first page. (See Handbook for
                                                                                                          Electronic Filing Procedures, Electronic              prohibits him from prescribing
                                                  to exceed five (5) pages in length,                                                                           controlled substances in schedules II
                                                  inclusive of attachments, on any public                 Filing Procedures 4). Persons with
                                                                                                          questions regarding filing should                     through IV. Id. The Show Cause Order
                                                  interest issues raised by the complaint
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          contact the Secretary (202–205–2000).                 also alleged that Respondent ‘‘do[es] not
                                                  or section 210.8(b) filing. Comments                                                                          have a Florida dispensing license,
                                                                                                             Any person desiring to submit a
                                                    1 Electronic Document Information System              document to the Commission in                         which is an additional license required
                                                  (EDIS): http://edis.usitc.gov.                          confidence must request confidential                  [by the State] before a physician is
                                                    2 United States International Trade Commission                                                              authorized to order and directly
                                                  (USITC): http://edis.usitc.gov.                           4 Handbook for Electronic Filing Procedures:
                                                    3 Electronic Document Information System              http://www.usitc.gov/secretary/fed_reg_notices/         5 Electronic Document Information System

                                                  (EDIS): http://edis.usitc.gov.                          rules/handbook_on_electronic_filing.pdf.              (EDIS): http://edis.usitc.gov.



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Document Created: 2016-04-21 01:17:14
Document Modified: 2016-04-21 01:17:14
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
ActionNotice.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.
FR Citation81 FR 23520 

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