81 FR 57614 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 163 (August 23, 2016)
Federal Register Volume 81, Issue 163 (August 23, 2016)
| Page Range | 57614-57615 | |
| FR Document | 2016-20082 |
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)] [Notices] [Pages 57614-57615] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20082] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Notice of Receipt of 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 a complaint entitled Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof, DN 3169; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under Sec. 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 https://edis.usitc.gov, 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. General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at https://www.usitc.gov . The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing- impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to Sec. 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of ResMed Corp; ResMed Inc.; and ResMed Ltd. on August 17, 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 mask systems and components thereof. The complaint names as respondents Fisher & Paykel Healthcare Limited of New Zealand; Fisher Paykel Healthcare, Inc. of Irvine, CA; and Fisher & Paykel Healthcare Distribution Inc. of Irvine, CA. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents' [[Page 57615]] 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 Sec. 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 Sec. 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. 3169'') in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).\1\ Persons with questions regarding filing should contact the Secretary (202-205-2000). --------------------------------------------------------------------------- \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.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 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 information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,\2\ solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.\3\ --------------------------------------------------------------------------- \2\ All contract personnel will sign appropriate nondisclosure agreements. \3\ 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 Sec. Sec. 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: August 18, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-20082 Filed 8-22-16; 8:45 am] BILLING CODE 7020-02-P
![57614 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices
(3) The estimated effect that ATPA identified by means of brackets. All ACTION: Notice.
has had on drug-related crop eradication written submissions, except for
and crop substitution efforts of confidential business information, will SUMMARY: Notice is hereby given that
beneficiary countries. be made available for inspection by the U.S. International Trade
The President’s authority to provide interested parties. Commission has received a complaint
preferential treatment under the ATPA The Commission will not include any entitled Certain Sleep-Disordered
provisions expired on July 31, 2013. confidential business information in the Breathing Treatment Mask Systems and
During the period covered by this report that it sends to the Congress or Components Thereof, DN 3169; the
report, calendar years 2014 and 2015, no the President or that it makes available Commission is soliciting comments on
importations entering the United States to the public. However, all information, any public interest issues raised by the
should have received preferential including confidential business complaint or complainant’s filing under
treatment under the ATPA program. In information, submitted in this § 210.8(b) of the Commission’s Rules of
addition, two of the four countries investigation may be disclosed to and Practice and Procedure (19 CFR
originally eligible for designation for used: (i) By the Commission, its 210.8(b)).
ATPA benefits, Peru and Colombia, employees and offices, and contract FOR FURTHER INFORMATION CONTACT: Lisa
entered into free trade agreements with personnel (a) for developing or R. Barton, Secretary to the Commission,
the United States prior to July 31, 2013, maintaining the records of this or a U.S. International Trade Commission,
and were no longer eligible for related proceeding, or (b) in internal 500 E Street SW., Washington, DC
designation. The initial notice investigations, audits, reviews, and 20436, telephone (202) 205–2000. The
announcing institution of this evaluations relating to the programs, public version of the complaint can be
investigation for the purpose of personnel, and operations of the accessed on the Commission’s
preparing these reports was published Commission including under 5 U.S.C. Electronic Document Information
in the Federal Register of March 10, Appendix 3; or (ii) by U.S. government System (EDIS) at https://edis.usitc.gov,
1994 (59 FR 11308). The Commission employees and contract personnel for and will be available for inspection
will submit its report by September 30, cybersecurity purposes. The during official business hours (8:45 a.m.
2016. Commission will not otherwise disclose to 5:15 p.m.) in the Office of the
Written Submissions: Interested
any confidential business information in Secretary, U.S. International Trade
parties are invited to file written
a manner that would reveal the Commission, 500 E Street SW.,
submissions concerning this
operations of the firm supplying the Washington, DC 20436, telephone (202)
investigation. All written submissions
information. 205–2000.
should be addressed to the Secretary,
Summaries Of Written Submissions: General information concerning the
and should be received not later than
The Commission intends to publish Commission may also be obtained by
5:15 p.m., September 6, 2016. All
summaries of the positions of interested accessing its Internet server at United
written submissions must conform with
persons. Persons wishing to have a States International Trade Commission
the provisions of section 201.8 of the
summary of their position included in (USITC) at https://www.usitc.gov . The
Commission’s Rules of Practice and
the report should include a summary public record for this investigation may
Procedure (19 CFR 201.8). Section 201.8
with their written submission. The be viewed on the Commission’s
and the Commission’s Handbook on
summary may not exceed 500 words, Electronic Document Information
Filing Procedures require that interested
parties file documents electronically on should be in MSWord format or a format System (EDIS) at https://edis.usitc.gov.
or before the filing deadline and submit that can be easily converted to MSWord, Hearing-impaired persons are advised
eight (8) true paper copies by 12:00 p.m. and should not include any confidential that information on this matter can be
eastern time on the next business day. business information. The summary will obtained by contacting the
In the event that confidential treatment be published as provided if it meets Commission’s TDD terminal on (202)
of a document is requested, interested these requirements and is germane to 205–1810.
parties must file, at the same time as the the subject matter of the investigation. SUPPLEMENTARY INFORMATION: The
eight paper copies, at least four (4) The Commission will identify the name Commission has received a complaint
additional true paper copies in which of the organization furnishing the and a submission pursuant to § 210.8(b)
the confidential information must be summary and will include a link to the of the Commission’s Rules of Practice
deleted (see the following paragraph for Commission’s Electronic Document and Procedure filed on behalf of
further information regarding Information System (EDIS) where the ResMed Corp; ResMed Inc.; and ResMed
confidential business information). full written submission can be found. Ltd. on August 17, 2016. The complaint
Persons with questions regarding By order of the Commission. alleges violations of section 337 of the
electronic filing should contact the Issued: August 18, 2016. Tariff Act of 1930 (19 U.S.C. 1337) in
Office of the Secretary, Docket Services Lisa R. Barton, the importation into the United States,
Division (202–205–1802). the sale for importation, and the sale
Secretary to the Commission.
Confidential Business Information. within the United States after
[FR Doc. 2016–20079 Filed 8–22–16; 8:45 am]
Any submissions that contain importation of certain sleep-disordered
BILLING CODE 7020–02–P
confidential business information must breathing treatment mask systems and
also conform to the requirements of components thereof. The complaint
section 201.6 of the Commission’s Rules names as respondents Fisher & Paykel
INTERNATIONAL TRADE
of Practice and Procedure (19 CFR Healthcare Limited of New Zealand;
sradovich on DSK3GMQ082PROD with NOTICES
COMMISSION
201.6). Section 201.6 of the rules Fisher Paykel Healthcare, Inc. of Irvine,
requires that the cover of the document Notice of Receipt of Complaint; CA; and Fisher & Paykel Healthcare
and the individual pages be clearly Solicitation of Comments Relating to Distribution Inc. of Irvine, CA. The
marked as to whether they are the the Public Interest complainant requests that the
‘‘confidential’’ or ‘‘non-confidential’’ Commission issue a limited exclusion
version, and that the confidential AGENCY:U.S. International Trade order, cease and desist orders and
business information is clearly Commission. impose a bond upon respondents’
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![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices 57615
alleged infringing articles during the 60- questions regarding filing should DEPARTMENT OF JUSTICE
day Presidential review period pursuant contact the Secretary (202–205–2000).
to 19 U.S.C. 1337(j). Bureau of Alcohol, Tobacco, Firearms
Any person desiring to submit a
Proposed respondents, other and Explosives
document to the Commission in
interested parties, and members of the confidence must request confidential [OMB Number 1140–0080]
public are invited to file comments, not
treatment. All such requests should be
to exceed five (5) pages in length, Agency Information Collection
directed to the Secretary to the
inclusive of attachments, on any public Activities; Proposed eCollection
interest issues raised by the complaint Commission and must include a full
eComments Requested; Notification of
or § 210.8(b) filing. Comments should statement of the reasons why the
Change of Mailing or Premise Address
address whether issuance of the relief Commission should grant such
specifically requested by the treatment. See 19 CFR 201.6. Documents AGENCY: Bureau of Alcohol, Tobacco,
complainant in this investigation would for which confidential treatment by the Firearms and Explosives, Department of
affect the public health and welfare in Commission is properly sought will be Justice.
the United States, competitive treated accordingly. All such requests ACTION: 30-day notice.
conditions in the United States should be directed to the Secretary to
economy, the production of like or the Commission and must include a full SUMMARY: The Department of Justice
directly competitive articles in the statement of the reasons why the (DOJ), Bureau of Alcohol, Tobacco,
United States, or United States Commission should grant such Firearms and Explosives (ATF), will
consumers. treatment. See 19 CFR 201.6. Documents submit the following information
In particular, the Commission is for which confidential treatment by the collection request to the Office of
interested in comments that: Commission is properly sought will be Management and Budget (OMB) for
review and approval in accordance with
(i) Explain how the articles potentially treated accordingly. All information,
the Paperwork Reduction Act of 1995.
subject to the requested remedial orders are including confidential business
The proposed information collection
used in the United States; information and documents for which
(ii) identify any public health, safety, or was previously published in the Federal
confidential treatment is properly Register 81 FR 39956, on June 20, 2016,
welfare concerns in the United States relating sought, submitted to the Commission for
to the requested remedial orders; allowing for a 60-day comment period.
(iii) identify like or directly competitive purposes of this Investigation may be
DATES: Comments are encouraged and
articles that complainant, its licensees, or disclosed to and used: (i) By the
will be accepted for an additional 30
third parties make in the United States which Commission, its employees and Offices, days until September 22, 2016.
could replace the subject articles if they were and contract personnel (a) for
to be excluded; FOR FURTHER INFORMATION CONTACT: If
developing or maintaining the records
(iv) indicate whether complainant, you have additional comments
of this or a related proceeding, or (b) in
complainant’s licensees, and/or third party especially on the estimated public
internal investigations, audits, reviews,
suppliers have the capacity to replace the burden or associated response time,
volume of articles potentially subject to the and evaluations relating to the suggestions, or need a copy of the
requested exclusion order and/or a cease and programs, personnel, and operations of proposed information collection
desist order within a commercially the Commission including under 5 instrument with instructions or
reasonable time; and U.S.C. Appendix 3; or (ii) by U.S. additional information, please contact
(v) explain how the requested remedial government employees and contract
orders would impact United States Shawn Stevens, ATF Industry Liaison,
personnel,2 solely for cybersecurity Federal Explosives Licensing Center,
consumers.
purposes. All nonconfidential written 244 Needy Road, Martinsburg, WV
Written submissions must be filed no submissions will be available for public 25405, at telephone: 304–616–4421.
later than by close of business, eight inspection at the Office of the Secretary Written comments and/or suggestions
calendar days after the date of and on EDIS.3 can also be directed to the Office of
publication of this notice in the Federal Management and Budget, Office of
Register. There will be further This action is taken under the
authority of section 337 of the Tariff Act Information and Regulatory Affairs,
opportunities for comment on the Attention Department of Justice Desk
public interest after the issuance of any of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the Officer, Washington, DC 20503 or sent
final initial determination in this to OIRA_submissions@omb.eop.gov.
investigation. Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)). SUPPLEMENTARY INFORMATION: Written
Persons filing written submissions
comments and suggestions from the
must file the original document By order of the Commission. public and affected agencies concerning
electronically on or before the deadlines Issued: August 18, 2016. the proposed collection of information
stated above and submit 8 true paper
Lisa R. Barton, are encouraged. Your comments should
copies to the Office of the Secretary by
Secretary to the Commission. address one or more of the following
noon the next day pursuant to § 210.4(f)
[FR Doc. 2016–20082 Filed 8–22–16; 8:45 am] four points:
of the Commission’s Rules of Practice
• Evaluate whether the proposed
and Procedure (19 CFR 210.4(f)). BILLING CODE 7020–02–P
collection of information is necessary
Submissions should refer to the docket
for the proper performance of the
number (‘‘Docket No. 3169’’) in a
functions of the agency, including
sradovich on DSK3GMQ082PROD with NOTICES
prominent place on the cover page and/
whether the information will have
or the first page. (See Handbook for
practical utility;
Electronic Filing Procedures, Electronic
• Evaluate the accuracy of the
Filing Procedures).1 Persons with
2 All contract personnel will sign appropriate agency’s estimate of the burden of the
1 Handbook for Electronic Filing Procedures: nondisclosure agreements. proposed collection of information,
https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System including the validity of the
filing_procedures.pdf. (EDIS): http://edis.usitc.gov. methodology and assumptions used;
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Document Created: 2018-02-09 11:40:21
Document Modified: 2018-02-09 11:40:21
| 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 https://edis.usitc.gov, 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 57614 |
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