81 FR 35380 - Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 106 (June 2, 2016)
Federal Register Volume 81, Issue 106 (June 2, 2016)
| Page Range | 35380-35381 | |
| FR Document | 2016-12879 |
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)] [Notices] [Pages 35380-35381] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12879] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Carbon Spine Board, Cervical Collar and Various Medical Training Manikin Devices, and Accompanying Product Catalogues, Product Inserts, Literature and Components Thereof DN 3128; the Commission is soliciting comments on any public interest issues raised by the amended complaint or complainants' 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 amended 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. --------------------------------------------------------------------------- \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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 an amended complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Laerdal Medical Corp. and Laerdal Medical AS on March 21, 2016. The amended 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 carbon spine board, cervical collar and various medical training manikin devices, and accompanying product catalogues, product inserts, literature and components thereof. The amended complaint names as respondents Shanghai Evenk International Trading Co., Ltd. of China; Shanghai Honglian Medical Instrument Development Co., Ltd. of China; Shanghai Jolly Medical Education Co., Ltd. of China; Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd. of China; Zhangjiagang New Fellow Med. Co., Ltd. of China; Jiangsu Yongxin Medical Equipment Co., Ltd. of China; Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd. of China; Jiangyin Everise Medical Devices Co., Ltd. of China; Medsource International Co., Ltd. and Medsource Factory, Inc. of China; and Basic Medical Supply, LLC of Richmond, TX. The complainants request that the Commission issue a general exclusion order, or in the alternative issue a limited exclusion order, and issue cease and desist orders. 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 amended complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainants 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 complainants, [[Page 35381]] their licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainants, complainants' 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. 3128'') 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). --------------------------------------------------------------------------- \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov. --------------------------------------------------------------------------- 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: May 26, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-12879 Filed 6-1-16; 8:45 am] BILLING CODE 7020-02-P
![35380 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
determined to review-in-part the subject By order of the Commission. SUPPLEMENTARY INFORMATION: The
ID and, on review, to affirm the ID with Issued: May 26, 2016. Commission has received an amended
certain modifications to the ALJ’s Lisa R. Barton, complaint and a submission pursuant to
findings regarding the importation Secretary to the Commission. section 210.8(b) of the Commission’s
requirement. Notice of Commission [FR Doc. 2016–12922 Filed 6–1–16; 8:45 am] Rules of Practice and Procedure filed on
Determination To Review an ID in Part BILLING CODE 7020–02–P
behalf of Laerdal Medical Corp. and
and, on Review, to Affirm a Finding of Laerdal Medical AS on March 21, 2016.
a Violation of Section 337 dated The amended complaint alleges
December 14, 2015 (‘‘Commission INTERNATIONAL TRADE violations of section 337 of the Tariff
Notice’’) at 2. See 80 Fed. Reg. 79097– COMMISSION Act of 1930 (19 U.S.C. 1337) in the
99 (Dec. 18, 2015). The Commission’s importation into the United States, the
determination resulted in a finding of a Notice of Receipt of Amended sale for importation, and the sale within
violation of section 337. Complaint; Solicitation of Comments the United States after importation of
The Commission requested written Relating to the Public Interest certain carbon spine board, cervical
submissions on remedy, public interest, collar and various medical training
AGENCY: U.S. International Trade manikin devices, and accompanying
and bonding. Id. Complainants and
OUII timely filed their submissions Commission. product catalogues, product inserts,
pursuant to the Commission Notice. No ACTION: Notice. literature and components thereof. The
other parties filed submissions in amended complaint names as
SUMMARY: Notice is hereby given that respondents Shanghai Evenk
response to the Commission Notice. No
submissions were filed by the public. the U.S. International Trade International Trading Co., Ltd. of China;
Having reviewed the submissions Commission has received an amended Shanghai Honglian Medical Instrument
filed in response to the Commission’s complaint entitled Certain Carbon Spine Development Co., Ltd. of China;
Notice and the evidentiary record, the Board, Cervical Collar and Various Shanghai Jolly Medical Education Co.,
Commission has determined that the Medical Training Manikin Devices, and Ltd. of China; Zhangjiagang Xiehe
appropriate form of relief in this Accompanying Product Catalogues, Medical Apparatus & Instruments Co.,
investigation is: (a) A GEO prohibiting Product Inserts, Literature and Ltd. of China; Zhangjiagang New Fellow
the unlicensed importation of certain Components Thereof DN 3128; the Med. Co., Ltd. of China; Jiangsu
ink cartridges and components thereof Commission is soliciting comments on Yongxin Medical Equipment Co., Ltd. of
covered by one or more of claims 1 and any public interest issues raised by the China; Jiangsu Yongxin Medical-Use
10 of the ’233 patent; claims 9, 14, 18, amended complaint or complainants’ Facilities Making Co., Ltd. of China;
and 21 of the ’116 patent; claims 1, 18, filing under section 210.8(b) of the Jiangyin Everise Medical Devices Co.,
49, and 60 of the ’749 patent; claims 1 Commission’s Rules of Practice and Ltd. of China; Medsource International
and 6 of the ’163 patent; and claims 14, Procedure (19 CFR 210.8(b)). Co., Ltd. and Medsource Factory, Inc. of
15, and 19 of the ’513 patent; and (b) FOR FURTHER INFORMATION CONTACT: Lisa China; and Basic Medical Supply, LLC
CDOs directed against respondents R. Barton, Secretary to the Commission, of Richmond, TX. The complainants
Zinyaw and InkPro2day. U.S. International Trade Commission, request that the Commission issue a
500 E Street SW., Washington, DC general exclusion order, or in the
The Commission has further
20436, telephone (202) 205–2000. The alternative issue a limited exclusion
determined that the public interest
public version of the amended order, and issue cease and desist orders.
factors enumerated in subsections (d)(l) Proposed respondents, other
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do complaint can be accessed on the
Commission’s Electronic Document interested parties, and members of the
not preclude issuance of the
above-referenced remedial orders. Information System (EDIS) at EDIS,1 and public are invited to file comments, not
will be available for inspection during to exceed five (5) pages in length,
Additionally, the Commission has
determined that a bond in the amount official business hours (8:45 a.m. to 5:15 inclusive of attachments, on any public
of one hundred (100) percent of the p.m.) in the Office of the Secretary, U.S. interest issues raised by the amended
International Trade Commission, 500 E complaint or section 210.8(b) filing.
entered value is required to permit Comments should address whether
temporary importation of the articles in Street SW., Washington, DC 20436,
telephone (202) 205–2000. issuance of the relief specifically
question during the period of requested by the complainants in this
Presidential review (19 U.S.C. 1337(j)). General information concerning the
Commission may also be obtained by investigation would affect the public
The Commission has also issued an health and welfare in the United States,
opinion explaining the basis for the accessing its Internet server at United
States International Trade Commission competitive conditions in the United
remedy. The investigation is terminated. States economy, the production of like
The Commission’s orders and the (USITC) at USITC.2 The public record
for this investigation may be viewed on or directly competitive articles in the
record upon which it based its United States, or United States
determination were delivered to the the Commission’s Electronic Document
Information System (EDIS) at EDIS.3 consumers.
President and to the United States Trade In particular, the Commission is
Representative on the day of their Hearing-impaired persons are advised
interested in comments that:
issuance. The Commission has also that information on this matter can be
(i) Explain how the articles
notified the Secretary of the Treasury of obtained by contacting the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
potentially subject to the requested
the orders. Commission’s TDD terminal on (202)
remedial orders are used in the United
The authority for the Commission’s 205–1810.
States;
determination is contained in section (ii) identify any public health, safety,
1 Electronic Document Information System
337 of the Tariff Act of 1930, as or welfare concerns in the United States
(EDIS): http://edis.usitc.gov.
amended (19 U.S.C. 1337), and in Part 2 United States International Trade Commission
relating to the requested remedial
210 of the Commission’s Rules of (USITC): http://edis.usitc.gov. orders;
Practice and Procedure (19 CFR part 3 Electronic Document Information System (iii) identify like or directly
210). (EDIS): http://edis.usitc.gov. competitive articles that complainants,
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![Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35381
their licensees, or third parties make in Issued: May 26, 2016. the Commission may also be obtained
the United States which could replace Lisa R. Barton, by accessing its internet server at http://
the subject articles if they were to be Secretary to the Commission. www.usitc.gov. The public record for
excluded; [FR Doc. 2016–12879 Filed 6–1–16; 8:45 am] this investigation may be viewed on the
(iv) indicate whether complainants, BILLING CODE 7020–02–P
Commission’s electronic docket (EDIS)
complainants’ licensees, and/or third at http://edis.usitc.gov.
party suppliers have the capacity to FOR FURTHER INFORMATION CONTACT: The
replace the volume of articles INTERNATIONAL TRADE Office of Unfair Import Investigations,
potentially subject to the requested COMMISSION U.S. International Trade Commission,
exclusion order and/or a cease and telephone (202) 205–2560.
[Investigation No. 337–TA–1002]
desist order within a commercially Authority: The authority for institution of
reasonable time; and Certain Carbon and Alloy Steel this investigation is contained in section 337
(v) explain how the requested Products; Institution of Investigation of the Tariff Act of 1930, as amended, and
remedial orders would impact United in section 210.10 of the Commission’s Rules
States consumers. AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10
Commission. (2016).
Written submissions must be filed no
later than by close of business, eight ACTION: Notice. Scope of Investigation: Having
calendar days after the date of considered the complaint, the U.S.
publication of this notice in the Federal SUMMARY: Notice is hereby given that a
complaint was filed with the U.S. International Trade Commission, on
Register. There will be further May 26, 2016, ordered that –
opportunities for comment on the International Trade Commission on
April 26, 2016, under section 337 of the (1) Pursuant to subsection (b) of
public interest after the issuance of any section 337 of the Tariff Act of 1930, as
final initial determination in this Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of United States amended, an investigation be instituted
investigation. to determine whether there is a
Steel Corporation of Pittsburgh,
Persons filing written submissions violation of subsection (a)(1)(A) of
Pennsylvania. A supplement to the
must file the original document section 337 in the importation into the
complaint was filed on May 16, 2016.
electronically on or before the deadlines United States, or in the sale of certain
The complaint alleges violations of
stated above and submit 8 true paper carbon and alloy steel products by
section 337 based upon the importation
copies to the Office of the Secretary by reason of: (1) A conspiracy to fix prices
into the United States, or in the sale of
noon the next day pursuant to section and control output and export volumes,
certain carbon and alloy steel products
210.4(f) of the Commission’s Rules of the threat or effect of which is to
by reason of: (1) A conspiracy to fix
Practice and Procedure (19 CFR restrain or monopolize trade and
prices and control output and export
210.4(f)). Submissions should refer to commerce in the United States; (2)
volumes, the threat or effect of which is
the docket number (‘‘Docket No. 3128’’) misappropriation and use of trade
to restrain or monopolize trade and
in a prominent place on the cover page secrets, the threat or effect of which is
commerce in the United States; (2)
and/or the first page. (See Handbook for to destroy or substantially injure an
misappropriation and use of trade
Electronic Filing Procedures, Electronic industry in the United States; or (3) false
secrets, the threat or effect of which is
Filing Procedures 4). Persons with designation of origin or manufacturer,
to destroy or substantially injure an
questions regarding filing should the threat or effect of which is to destroy
industry in the United States; and (3)
contact the Secretary (202–205–2000). or substantially injure an industry in the
false designation of origin or
Any person desiring to submit a manufacturer, the threat or effect of United States;
document to the Commission in (2) Pursuant to Commission Rule
which is to destroy or substantially
confidence must request confidential 210.50(b)(1), 19 CFR 210.50(b)(1), the
injure an industry in the United States.
treatment. All such requests should be presiding administrative law judge shall
The complainant requests that the
directed to the Secretary to the take evidence or other information and
Commission institute an investigation
Commission and must include a full hear arguments from the parties and
and, after the investigation, issue a
statement of the reasons why the other interested persons with respect to
limited exclusion order and a general
Commission should grant such the public interest in this investigation,
exclusion order and cease and desist
treatment. See 19 CFR 201.6. Documents as appropriate, and provide the
orders.
for which confidential treatment by the Commission with findings of fact and a
Commission is properly sought will be ADDRESSES: The complaint, except for recommended determination on this
treated accordingly. All nonconfidential any confidential information contained issue, which shall be limited to the
written submissions will be available for therein, is available for inspection statutory public interest factors set forth
public inspection at the Office of the during official business hours (8:45 a.m. in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
Secretary and on EDIS.5 to 5:15 p.m.) in the Office of the (3) For the purpose of the
This action is taken under the Secretary, U.S. International Trade investigation so instituted, the following
authority of section 337 of the Tariff Act Commission, 500 E Street SW., Room are hereby named as parties upon which
of 1930, as amended (19 U.S.C. 1337), 112, Washington, DC 20436, telephone this notice of investigation shall be
and of sections 201.10 and 210.8(c) of (202) 205–2000. Hearing impaired served:
individuals are advised that information (a) The complainant is: United States
asabaliauskas on DSK3SPTVN1PROD with NOTICES
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)). on this matter can be obtained by Steel Corporation, 600 Grant Street,
contacting the Commission’s TDD Pittsburgh, PA 15219–2800.
By order of the Commission. terminal on (202) 205–1810. Persons (b) The respondents are the following
with mobility impairments who will entities alleged to be in violation of
4 Handbook for Electronic Filing Procedures:
need special assistance in gaining access section 337, and are the parties upon
http://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf. to the Commission should contact the which the complaint is to be served:
5 Electronic Document Information System Office of the Secretary at (202) 205– Hebei Iron and Steel Group Co., Ltd.,
(EDIS): http://edis.usitc.gov. 2000. General information concerning 385 Sports South Avenue,
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Document Created: 2016-06-02 01:23:12
Document Modified: 2016-06-02 01:23:12
| 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 amended 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 35380 |
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