81 FR 66997 - Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Notice of Request for Statements on the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 189 (September 29, 2016)
Federal Register Volume 81, Issue 189 (September 29, 2016)
| Page Range | 66997-66998 | |
| FR Document | 2016-23571 |
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)] [Notices] [Pages 66997-66998] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23571] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-965] Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Notice of Request for Statements on the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a recommended determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically limited exclusion orders and cease and desist orders, against certain table saws incorporating active injury mitigation and components thereof, imported by respondents Robert Bosch Tool Corporation of Mount Prospect, Illinois, and Robert Bosch GmbH of Baden-Wuerttemberg, Germany. Parties are to file public interest submissions pursuant to Commission regulations. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. The public version of the complaint can be accessed on the Commission's electronic docket (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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (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: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease-and-desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file, pursuant to 19 CFR 210.50(a)(4), submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge's recommended determination on remedy and bonding issued in this investigation on September 20, 2016. Comments should address whether issuance of limited exclusion orders and cease and desist orders 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 recommended limited exclusion orders and cease and desist orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended limited exclusion orders and cease and desist 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 recommended limited exclusion orders and cease and desist orders within a commercially reasonable time; and (v) explain how the recommended limited exclusion orders and cease and desist orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on October 18, 2016. Persons filing written submissions must file the original document [[Page 66998]] 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 investigation number (``Inv. No. 965'') in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202-205-2000). 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 CCFR 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,\[1]\ solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. --------------------------------------------------------------------------- \[1]\ All contract personnel will sign appropriate nondisclosure agreements. --------------------------------------------------------------------------- This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: September 26, 2016. Katherine Hiner, Acting Supervisory Attorney. [FR Doc. 2016-23571 Filed 9-28-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices 66997
Commerce’s affirmative critical (Investigation Nos. 701–TA–545–547 Commission’s TDD terminal on (202)
circumstances determinations are not and 731–TA–1291–1297 (Final)). 205–1810.
likely to undermine seriously the By order of the Commission. SUPPLEMENTARY INFORMATION: Section
remedial effect of the countervailing and Issued: September 26, 2016. 337 of the Tariff Act of 1930 provides
antidumping duty orders on hot-rolled that if the Commission finds a violation
Katherine Hiner,
steel from Brazil and the antidumping it shall exclude the articles concerned
duty order on imports from Japan. Acting Supervisory Attorney.
from the United States:
[FR Doc. 2016–23572 Filed 9–28–16; 8:45 am]
Background unless, after considering the effect of such
BILLING CODE 7020–02–P
exclusion upon the public health and
The Commission, pursuant to sections welfare, competitive conditions in the United
705(b) and 735(b) of the Act (19 U.S.C. States economy, the production of like or
INTERNATIONAL TRADE directly competitive articles in the United
1671d(b) and 19 U.S.C. 1673d(b)),
COMMISSION States, and United States consumers, it finds
instituted these investigations effective
that such articles should not be excluded
August 11, 2015, following receipt of a from entry.
[Investigation No. 337–TA–965]
petition filed with the Commission and
Commerce by AK Steel Corporation 19 U.S.C. 1337(d)(1). A similar
Certain Table Saws Incorporating provision applies to cease-and-desist
(West Chester, Ohio), ArcelorMittal Active Injury Mitigation Technology
USA, LLC (Chicago, Illinois), Nucor orders. 19 U.S.C. 1337(f)(1).
and Components Thereof; Notice of The Commission is interested in
Corporation (Charlotte, North Carolina), Request for Statements on the Public
SSAB Enterprises, LLC (Lisle, Illinois), further development of the record on
Interest the public interest in these
Steel Dynamics, Inc. (Fort Wayne,
Indiana), and United States Steel AGENCY: U.S. International Trade investigations. Accordingly, members of
Corporation (Pittsburgh, Pennsylvania). Commission. the public are invited to file, pursuant
The final phase of the investigations to 19 CFR 210.50(a)(4), submissions of
ACTION: Notice.
was scheduled by the Commission no more than five (5) pages, inclusive of
following notification of preliminary SUMMARY: Notice is hereby given that attachments, concerning the public
determinations by Commerce that the presiding administrative law judge interest in light of the administrative
(‘‘ALJ’’) has issued a recommended law judge’s recommended
imports of hot-rolled steel from Brazil 3
determination on remedy and bonding determination on remedy and bonding
were subsidized within the meaning of
in the above-captioned investigation. issued in this investigation on
section 703(b) of the Act (19 U.S.C.
The Commission is soliciting comments September 20, 2016. Comments should
1671b(b)) and that imports from
on public interest issues raised by the address whether issuance of limited
Australia, Brazil, Japan, Korea, the
recommended relief, specifically limited exclusion orders and cease and desist
Netherlands, Turkey, and the United
exclusion orders and cease and desist orders in this investigation would affect
Kingdom were dumped within the
orders, against certain table saws the public health and welfare in the
meaning of 733(b) of the Act (19 U.S.C.
incorporating active injury mitigation United States, competitive conditions in
1673b(b)). Notice of the scheduling of
and components thereof, imported by the United States economy, the
the final phase of the Commission’s production of like or directly
investigations and of a public hearing to respondents Robert Bosch Tool
competitive articles in the United
be held in connection therewith was Corporation of Mount Prospect, Illinois,
States, or United States consumers.
given by posting copies of the notice in and Robert Bosch GmbH of Baden- In particular, the Commission is
the Office of the Secretary, U.S. Wuerttemberg, Germany. Parties are to interested in comments that:
International Trade Commission, file public interest submissions
Washington, DC, and by publishing the pursuant to Commission regulations. (i) explain how the articles potentially
subject to the recommended limited
notice in the Federal Register on April FOR FURTHER INFORMATION CONTACT: exclusion orders and cease and desist orders
15, 2016 (81 FR 22310). The hearing was Robert Needham, Office of the General are used in the United States;
held in Washington, DC, on August 4, Counsel, U.S. International Trade (ii) identify any public health, safety, or
2016, and all persons who requested the Commission, 500 E Street SW., welfare concerns in the United States relating
opportunity were permitted to appear in Washington, DC 20436, telephone (202) to the recommended limited exclusion orders
person or by counsel. 708–5468. The public version of the and cease and desist orders;
(iii) identify like or directly competitive
The Commission made these complaint can be accessed on the articles that complainant, its licensees, or
determinations pursuant to sections Commission’s electronic docket (EDIS) third parties make in the United States which
705(b) and 735(b) of the Act (19 U.S.C. at https://edis.usitc.gov, and will be could replace the subject articles if they were
1671d(b) and 19 U.S.C. 1673d(b)). It available for inspection during official to be excluded;
completed and filed its determinations business hours (8:45 a.m. to 5:15 p.m.) (iv) indicate whether complainant,
in these investigations on September 26, in the Office of the Secretary, U.S. complainant’s licensees, and/or third party
2016. The views of the Commission are International Trade Commission, 500 E suppliers have the capacity to replace the
Street SW., Washington, DC 20436, volume of articles potentially subject to the
contained in USITC Publication 4638 recommended limited exclusion orders and
(September 2016), entitled Hot-Rolled telephone (202) 205–2000. cease and desist orders within a
Steel Flat Products from Australia, General information concerning the commercially reasonable time; and
Brazil, Japan, Korea, the Netherlands, Commission may also be obtained by (v) explain how the recommended limited
accessing its Internet server (https:// exclusion orders and cease and desist orders
mstockstill on DSK3G9T082PROD with NOTICES
Turkey, and the United Kingdom
www.usitc.gov). The public record for would impact consumers in the United
3 The Commission also scheduled final-phase this investigation may be viewed on the States.
countervailing duty investigations concerning hot- Commission’s electronic docket (EDIS) Written submissions must be filed no
rolled steel from Korea and Turkey, although at https://edis.usitc.gov. Hearing- later than by close of business on
Commerce preliminarily determined that de
minimis countervailable subsidies were being
impaired persons are advised that October 18, 2016.
provided to hot-rolled steel producers and exporters information on this matter can be Persons filing written submissions
from Korea and Turkey. obtained by contacting the must file the original document
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![66998 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
electronically on or before the deadlines INTERNATIONAL TRADE same by reason of infringement of
stated above and submit 8 true paper COMMISSION certain claims of U.S. Patent No.
copies to the Office of the Secretary by 6,217,325 (‘‘the ’325 patent’’); U.S.
[Investigation No. 337–TA–833]
noon the next day pursuant to section Patent No. 6,471,511 (‘‘the ’511 patent’’);
210.4(f) of the Commission’s Rules of Certain Digital Models, Digital Data, U.S. Patent No. 6,626,666 (‘‘the ’666
Practice and Procedure (19 CFR and Treatment Plans for Use in Making patent’’); U.S. Patent No. 6,705,863 (‘‘the
210.4(f)). Submissions should refer to Incremental Dental Positioning ’863 patent’’); U.S. Patent No. 6,722,880
the investigation number (‘‘Inv. No. Adjustment Appliances, the (‘‘the ’880 patent’’); U.S. Patent No.
965’’) in a prominent place on the cover Appliances Made Therefrom, and 7,134,874 (‘‘the ’874 patent’’); and U.S.
page and/or the first page. (See Methods of Making the Same Patent No. 8,070,487 (the ’487 patent’’).
Handbook for Electronic Filing Rescission of Cease and Desist The notice of institution named as
Procedures, https://www.usitc.gov/ respondents ClearCorrect Pakistan
Orders; Termination of an
(Private), Ltd. of Lahore, Pakistan
secretary/fed_reg_notices/rules/ Investigation
(‘‘CCPK’’) and ClearCorrect Operating,
handbook_on_electronic_filing.pdf).
AGENCY: U.S. International Trade LLC of Houston, Texas (‘‘CCUS’’)
Persons with questions regarding filing (collectively, ‘‘the Respondents’’). A
Commission.
should contact the Secretary (202–205– Commission investigative attorney
ACTION: Notice.
2000). (‘‘IA’’) participated in the investigation.
Any person desiring to submit a SUMMARY: Notice is hereby given that On May 6, 2013, the presiding
document to the Commission in the U.S. International Trade administrative law judge (‘‘ALJ’’) issued
confidence must request confidential Commission has determined to rescind his final initial determination (‘‘ID’’),
treatment. All such requests should be the cease and desist orders issued in finding a violation of Section 337 with
directed to the Secretary to the this investigation and to terminate the respect to the ’325 patent, the ’880
Commission and must include a full investigation with a finding of no patent, the ’487 patent, the ’511 patent,
statement of the reasons why the violation of Section 337 of the Tariff Act the ’863 patent, and the ’874 patent. He
Commission should grant such of 1930, as amended, 19 U.S.C. 1337 found no violation as to the ’666 patent.
treatment. See 19 CCFR 201.6. (‘‘Section 337’’). The ALJ recommended the issuance of
Documents for which confidential FOR FURTHER INFORMATION CONTACT: cease and desist orders directed to the
treatment by the Commission is Sidney A. Rosenzweig, Office of the Respondents.
General Counsel, U.S. International After receiving briefing from the
properly sought will be treated parties and the public, on April 3, 2014,
accordingly. All information, including Trade Commission, 500 E Street SW.,
the Commission issued notice of its
confidential business information and Washington, DC 20436, telephone (202)
determination to affirm-in-part, modify-
documents for which confidential 708–2532. Copies of non-confidential
in-part, and reverse-in-part the final ID
treatment is properly sought, submitted documents filed in connection with this
and to find a violation of Section 337.
to the Commission for purposes of this investigation are or will be available for
79 FR 19640–41 (Apr. 9, 2014). The
Investigation may be disclosed to and inspection during official business
Commission found a violation of
used: (i) By the Commission, its hours (8:45 a.m. to 5:15 p.m.) in the
Section 337 with respect to (i) claims 1
employees and Offices, and contract Office of the Secretary, U.S.
and 4–8 of the ’863 patent; (ii) claims 1,
personnel (a) for developing or International Trade Commission, 500 E
3, 7, and 9 of the ’666 patent; (iii) claims
maintaining the records of this or a Street SW., Washington, DC 20436, 1, 3, and 5 of the ’487 patent; (iv) claims
related proceeding, or (b) in internal telephone (202) 205–2000. General 21, 30, 31 and 32 of the ’325 patent; and
information concerning the Commission (v) claim 1 of the ’880 patent. On the
investigations, audits, reviews, and
may also be obtained by accessing its same day, the Commission issued an
evaluations relating to the programs,
Internet server (https://www.usitc.gov). opinion, with a dissenting opinion from
personnel, and operations of the
The public record for this investigation Commissioner Johanson, and also
Commission including under 5 U.S.C.
may be viewed on the Commission’s issued cease and desist orders directed
Appendix 3; or (ii) by U.S. government electronic docket (EDIS) at https://
employees and contract personnel,[1] to CCUS and CCPK. The Commission
edis.usitc.gov. Hearing-impaired terminated the investigation.
solely for cybersecurity purposes. All persons are advised that information on
nonconfidential written submissions On May 2, 2014, the Respondents
this matter can be obtained by filed a motion to stay the cease and
will be available for public inspection at contacting the Commission’s TDD
the Office of the Secretary and on EDIS. desist orders pending appeal. On May
terminal on (202) 205–1810. 14, 2014, Complainant Align and the IA
This action is taken under the SUPPLEMENTARY INFORMATION: This filed responses in opposition. On June
authority of section 337 of the Tariff Act investigation was instituted on April 5, 2, 2014, the Commission issued a notice
of 1930, as amended (19 U.S.C. 1337), 2012, based upon a complaint filed on and order granting the motion.
and in Part 210 of the Commission’s behalf of Align Technology, Inc., of San ClearCorrect and Align each took
Rules of Practice and Procedure (19 CFR Jose, California (‘‘Align’’), on March 1, appeals of the Commission’s
part 210). 2012, as corrected on March 22, 2012. determination to the U.S. Court of
By order of the Commission. 77 FR 20648 (April 5, 2012). The Appeals for the Federal Circuit. In
complaint alleged violations of Section ClearCorrect’s appeal, the Federal
Issued: September 26, 2016.
337 in the sale for importation, Circuit reversed the Commission’s
mstockstill on DSK3G9T082PROD with NOTICES
Katherine Hiner, importation, or sale within the United decision that the electronic transmission
Acting Supervisory Attorney. States after importation of certain digital of the digital models could constitute an
[FR Doc. 2016–23571 Filed 9–28–16; 8:45 am] models, digital data, and treatment imported ‘‘article’’ within the meaning
BILLING CODE 7020–02–P plans for use in making incremental of 19 U.S.C. 1337, and remanded the
dental positioning adjustment case to the Commission. ClearCorrect
[1] All contract personnel will sign appropriate appliances, the appliances made Operating, LLC v. ITC, 810 F.3d 1283
nondisclosure agreements. therefrom, and methods of making the (Fed. Cir. 2015), reh’g en banc denied,
VerDate Sep<11>2014 18:51 Sep 28, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1](https://thefederalregister.org/doc/81_FR_67186/page/2.svg)
Document Created: 2016-09-29 04:14:29
Document Modified: 2016-09-29 04:14:29
| 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 | Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. The public version of the complaint can be accessed on the Commission's electronic docket (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 66997 |
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