81 FR 24635 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 80 (April 26, 2016)

Page Range		24635-24636
FR Document		2016-09611

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Air Mattress Bed Systems and Components Thereof DN 3143; 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 80 (Tuesday, April 26, 2016)

[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Pages 24635-24636]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09611]


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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 Air Mattress Bed 
Systems and Components Thereof DN 3143; 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)).

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 Select Comfort Corporation 
and Select Comfort SC Corporation on April 20, 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 air mattress bed systems and components thereof. The complaint 
names as respondents American National Manufacturing Inc. of Corona, 
CA; Elements of Rest Inc. of Atlanta, GA; Responsive Surface Technology 
LLC of Atlanta, GA; and Dires LLC d/b/a Personal Comfort Bed of 
Orlando, 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. Sec. 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

[[Page 24636]]

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. 
3143'') 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. Sec.  1337), and of sections 
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR Sec. Sec.  201.10, 210.8(c)).

    By order of the Commission.
    Issued: April 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09611 Filed 4-25-16; 8:45 am]
 BILLING CODE 7020-02-P

24636 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices

210.4(f) of the Commission’s Rules of and St. Mary’s Medical Center, Inc. NATURE OF THE ACTION
Practice and Procedure (19 CFR unlawfully agreed to allocate territories 1. Defendants CAMC and St. Mary’s
210.4(f)). Submissions should refer to for the marketing of competing are healthcare providers that operate
the docket number (‘‘Docket No. 3143’’) healthcare services and unlawfully general acute-care hospitals in
in a prominent place on the cover page limited competition. The proposed Charleston, Kanawha County, West
and/or the first page. (See Handbook for Final Judgment, filed at the same time Virginia, and Huntington, Cabell
Electronic Filing Procedures, Electronic as the Complaint, enjoins Defendants County, West Virginia, respectively.
Filing Procedures 4). Persons with from limiting competition in this CAMC and St. Mary’s compete with
questions regarding filing should manner and requires Defendants to each other to provide healthcare
contact the Secretary (202–205–2000). institute comprehensive antitrust services. Marketing is a key component
Any person desiring to submit a compliance programs to ensure that of this competition and includes both
document to the Commission in Defendants do not establish similar print and outdoor advertising, such as
confidence must request confidential unlawful agreements and similar newspaper advertisements and
treatment. All such requests should be limitations on competition in the future. billboards.
directed to the Secretary to the Copies of the Complaint, proposed 2. CAMC and St. Mary’s agreed to
Commission and must include a full Final Judgment, and Competitive Impact limit marketing of competing healthcare
statement of the reasons why the Statement are available for inspection services. According to St. Mary’s
Commission should grant such on the Antitrust Division’s Web site at Director of Marketing, St. Mary’s ‘‘had
treatment. See 19 CFR 201.6. Documents http://www.justice.gov/atr and at the an agreement with CAMC that St.
for which confidential treatment by the Office of the Clerk of the United States Mary’s would not advertise on
Commission is properly sought will be District Court for the Southern District billboards or in print in Kanawha
treated accordingly. All nonconfidential of West Virginia. Copies of these County and that CAMC would not
written submissions will be available for materials may be obtained from the advertise on billboards or in print in
public inspection at the Office of the Antitrust Division upon request and Cabell County.’’ He also testified that
Secretary and on EDIS 5. payment of the copying fee set by ‘‘the agreement between St. Mary’s and
This action is taken under the Department of Justice regulations. CAMC is still in place today.’’
authority of section 337 of the Tariff Act Public comment is invited within 60 3. Defendants’ agreement has
of 1930, as amended (19 U.S.C. § 1337), days of the date of this notice. Such disrupted the competitive process and
and of sections 201.10 and 210.8(c) of comments, including the name of the harmed patients and physicians. Among
the Commission’s Rules of Practice and submitter, and responses thereto, will be other things, the agreement has
Procedure (19 CFR §§ 201.10, 210.8(c)). posted on the Antitrust Division’s Web deprived patients of information they
By order of the Commission. site, filed with the Court, and, under otherwise would have had when making
Issued: April 20, 2016. certain circumstances, published in the important healthcare decisions and has
Lisa R. Barton, Federal Register. Comments should be denied physicians working for the
Secretary to the Commission. directed to Peter Mucchetti, Chief, Defendants the opportunity to advertise
[FR Doc. 2016–09611 Filed 4–25–16; 8:45 am] Litigation I, Antitrust Division, their services to potential patients.
BILLING CODE 7020–02–P Department of Justice, 450 Fifth Street 4. Defendants’ agreement is a naked
NW., Suite 4100, Washington, DC 20530 restraint of trade that is per se unlawful
(telephone: 202–307–0001). under Section 1 of the Sherman Act, 15
DEPARTMENT OF JUSTICE Patricia A. Brink
U.S.C. 1.
Director of Civil Enforcement. JURISDICTION, VENUE, AND
Antitrust Division INTERSTATE COMMERCE
UNITED STATES DISTRICT COURT
United States v. Charleston Area 5. The United States brings this action
Medical Center, Inc. and St. Mary’s FOR THE SOUTHERN DISTRICT OF
pursuant to Section 4 of the Sherman
Medical Center, Inc.: Proposed Final WEST VIRGINIA
Act, 15 U.S.C. 4, to prevent and restrain
Judgment and Competitive Impact CHARLESTON DIVISION Defendants’ violations of Section 1 of
Statement the Sherman Act, 15 U.S.C. 1.
UNITED STATES OF AMERICA,
Plaintiff, v. CHARLESTON AREA 6. This Court has subject matter
Notice is hereby given pursuant to the jurisdiction over this action under
Antitrust Procedures and Penalties Act, MEDICAL CENTER, INC. and ST.
MARY’S MEDICAL CENTER, INC., Section 4 of the Sherman Act, 15 U.S.C.
15 U.S.C. 16(b)–(h), that a proposed 4, and 28 U.S.C. 1331, 1337(a), 1345,
Final Judgment, Stipulation, and Defendants.
and 1367.
Competitive Impact Statement have CASE NO.: 2:16–cv–03664 7. Venue is proper in the Southern
been filed with the United States JUDGE: John T. Copenhaver, Jr. District of West Virginia, Charleston
District Court for the Southern District FILED: 04/14/2016 Division, under 28 U.S.C. 1391 and
of West Virginia in United States of Section 12 of the Clayton Act, 15 U.S.C.
America v. Charleston Area Medical COMPLAINT
22. Each Defendant transacts business
Center, Inc. and St. Mary’s Medical The United States of America brings within the Southern District of West
Center, Inc., Civil Action No. 2:16–cv– this civil antitrust action to enjoin an Virginia, and all Defendants reside in
03664. On April 14, 2016, the United
mstockstill on DSK4VPTVN1PROD with NOTICES

agreement by Charleston Area Medical the Southern District of West Virginia.
States filed a Complaint alleging that Center, Inc. (‘‘CAMC’’) and St. Mary’s 8. Defendants engage in interstate
Charleston Area Medical Center, Inc. Medical Center, Inc. (‘‘St. Mary’s) commerce and in activities substantially
(collectively, ‘‘Defendants’’) that affecting interstate commerce.
4 Handbook for Electronic Filing Procedures:
unlawfully allocated territories for the Defendants provide healthcare services
http://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf. marketing of competing healthcare to patients for which employers, health
5 Electronic Document Information System services and limited competition plans, and individual patients remit
(EDIS): http://edis.usitc.gov. between the Defendants. payments across state lines. Defendants

VerDate Sep<11>2014 22:08 Apr 25, 2016 Jkt 238001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\26APN1.SGM 26APN1

Document Created: 2016-04-26 01:36:32
Document Modified: 2016-04-26 01:36:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
FR Citation		81 FR 24635