81 FR 71532 - The Economic Effects of Significant U.S. Import Restraints; Ninth Update; Special Topic: The Effects of Tariffs and of Customs and Border Procedures on Global Supply Chains

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 200 (October 17, 2016)

Page Range		71532-71533
FR Document		2016-24984

Following receipt of a letter dated September 13, 2016 from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) has announced its schedule for preparing the ninth update report in investigation No. 332-325, The Economic Effects of Significant U.S. Import Restraints, including the scheduling of a public hearing in connection with this update report for February 9, 2017. This year's report will include a chapter on the effects of tariffs and customs and border procedures on global supply chains.

Federal Register, Volume 81 Issue 200 (Monday, October 17, 2016)

[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71532-71533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24984]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-325]


The Economic Effects of Significant U.S. Import Restraints; Ninth 
Update; Special Topic: The Effects of Tariffs and of Customs and Border 
Procedures on Global Supply Chains

AGENCY: United States International Trade Commission.

ACTION: Notice of ninth update report, scheduling of public hearing, 
opportunity to file written submissions.

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SUMMARY: Following receipt of a letter dated September 13, 2016 from 
the United States Trade Representative (USTR), the U.S. International 
Trade Commission (Commission) has announced its schedule for preparing 
the ninth update report in investigation No. 332-325, The Economic 
Effects of Significant U.S. Import Restraints, including the scheduling 
of a public hearing in connection with this update report for February 
9, 2017. This year's report will include a chapter on the effects of 
tariffs and customs and border procedures on global supply chains.

DATES: January 26, 2017: Deadline for filing requests to appear at the 
public hearing.
    January 30, 2017: Deadline for filing pre-hearing briefs and 
statements.
    February 9, 2017: Public hearing.
    February 16, 2017: Deadline for filing post-hearing briefs and 
statements.
    March 1, 2017: Deadline for filing all other written submissions.
    September 13, 2017: Transmittal of Commission report to USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at https://edis.usitc.gov/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Project Leader William Deese 
([email protected]. or 202-205-2626) or Deputy Project Leader 
Lesley Ahmed ([email protected]) for information specific to this 
investigation (the eighth update). For information on the legal aspects 
of this investigation, contact William Gearhart of the Commission's 
Office of the General Counsel (202-205-3091 or 
[email protected]). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-1819 or 
[email protected]). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet server (https://www.usitc.gov). 
Persons with mobility impairments who will need special assistance in 
gaining access to the Commission should contact the Office of the 
Secretary at 202-205-2000.

Background

    The Commission instituted this investigation under section 332(g) 
of the Tariff Act of 1930 (19 U.S.C. 1332(g)) following receipt of an 
initial request from the USTR dated May 15, 1992. The request asked 
that the Commission assess the quantitative economic effects of 
significant U.S. import restraints on the U.S. economy and prepare 
periodic update reports after the initial report. The Commission 
published a notice of institution of the investigation in the Federal 
Register of June 17, 1992 (57 FR 27063). The first report was delivered 
to the USTR in November 1993, the first update in December 1995, and 
successive updates were delivered in 1999, 2002, 2004, 2007, 2009, 
2011, and 2013.
    In this ninth update, as requested by the USTR in a letter dated 
September 13, 2016, the Commission will provide, in addition to the 
quantitative effects analysis similar to that included in prior 
reports, an assessment of how significant U.S. import restraints affect 
households with different incomes and

[[Page 71533]]

a special chapter that presents an overview of the effects of tariffs 
and customs and border procedures on global supply chains.
    The report will, to the extent practicable, describe the cumulative 
effects of tariffs and customs and border procedures on goods traded in 
global supply chains. It will include the effect on services to the 
extent that they depend on goods traded across borders. The report will 
also provide an overview of recent literature that discusses the effect 
of these costs along the supply chain. Finally, the report will include 
case studies in relevant industries that examine supply chain 
inefficiencies stemming from customs and border procedures abroad.
    As in previous reports in this series, the ninth update will 
continue to assess the economic effects of significant import 
restraints on U.S. consumers and firms, the income and employment of 
U.S. workers, and the net economic welfare of the United States. This 
assessment will use the Commission's computable general equilibrium 
model of the U.S. economy. However, as per earlier instructions from 
the USTR, the Commission will not assess import restraints resulting 
from antidumping or countervailing duty investigations, section 337 and 
406 investigations, or section 301 actions.

Public Hearing

    A public hearing in connection with this investigation will be held 
at the United States International Trade Commission Building, 500 E 
Street SW., Washington, DC, beginning at 9:30 a.m. on February 9, 2017. 
Requests to appear at the hearing should be filed with the Secretary no 
later than 5:15 p.m., January 26, 2016, in accordance with the 
requirements in the ``Submissions'' section below. All pre-hearing 
briefs and statements should be filed not later than 5:15 p.m., January 
30, 2017; and all post-hearing briefs and statements addressing matters 
raised at the hearing should be filed not later than 5:15 p.m., 
February 16, 2017. In the event that, as of the close of business on 
January 26, 2017, no witnesses are scheduled to appear at the hearing, 
the hearing will be canceled. Any person interested in attending the 
hearing as an observer or nonparticipant may call the Secretary to the 
Commission (202-205-2000) after January 26, 2017, for information 
concerning whether the hearing will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary, and should be received not later than 5:15 
p.m., March 1, 2017. All written submissions must conform to the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook 
on Filing Procedures require that interested parties file documents 
electronically on or before the filing deadline and submit eight (8) 
true paper copies by 12:00 p.m. eastern time on the next business day. 
In the event that confidential treatment of a document is requested, 
interested parties must file, at the same time as the eight paper 
copies, at least four (4) additional true paper copies in which the 
confidential information must be deleted (see the following paragraphs 
for further information regarding confidential business information). 
Persons with questions regarding electronic filing should contact the 
Office of the Secretary, Docket Services Division (202-205-1802).

Confidential Business Information

    Any submissions that contain confidential business information must 
also conform to the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
is clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission will not include any confidential business 
information in the report that it sends to the USTR or makes available 
to the public. However, all information, including confidential 
business information, submitted in 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 for 
cybersecurity purposes. The Commission will not otherwise disclose any 
confidential business information in a manner that would reveal the 
operations of the firm supplying the information.

Summaries of Written Submissions

    The Commission intends to publish summaries of the positions of 
interested persons. Persons wishing to have a summary of their position 
included in the report should include a summary with their written 
submission. The summary may not exceed 500 words, should be in MS Word 
format or a format that can be easily converted to MS Word, and should 
not include any confidential business information. The summary will be 
published as provided if it meets these requirements and is germane to 
the subject matter of the investigation. The Commission will identify 
the name of the organization furnishing the summary and will include a 
link to the Commission's Electronic Document Information System (EDIS) 
where the full written submission can be found.

    By order of the Commission.

    Issued: October 11, 2016.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2016-24984 Filed 10-14-16; 8:45 am]
 BILLING CODE 7020-02-P

71532 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices

SUPPLEMENTARY INFORMATION: The orders issued in the original rooms, are located in the United States
Commission instituted the original investigation and what, if any, International Trade Commission
investigation on July 14, 2014 based on enforcement measures are appropriate. Building, 500 E Street SW., Washington,
a complaint filed by Navico, Inc. of The following entities are named as DC. All written submissions should be
Tulsa, Oklahoma, and Navico Holding parties to the formal enforcement addressed to the Secretary, United
AS, of Egersund, Norway (collectively, proceeding: (1) Complainant Navico; (2) States International Trade Commission,
‘‘Navico’’). 79 FR 40778 (July 14, 2014). respondents Garmin International and 500 E Street SW., Washington, DC
The complaint alleged violations of Garmin USA; and (3) OUII. 20436. The public record for this
Section 337 of the Tariff Act of 1930, as The authority for the Commission’s investigation may be viewed on the
amended, 19 U.S.C. 1337, in the determination is contained in Section Commission’s electronic docket (EDIS)
importation into the United States, the 337 of the Tariff Act of 1930, as at https://edis.usitc.gov/edis3-internal/
sale for importation, and the sale within amended (19 U.S.C. 1337), and in app.
the United States after importation of section 210.75 of the Commission’s FOR FURTHER INFORMATION CONTACT:
certain marine sonar imaging devices, Rules of Practice and Procedure (19 CFR Project Leader William Deese
including downscan and sidescan 210.75). (william.deese@usitc.gov. or 202–205–
devices, products containing the same, By order of the Commission. 2626) or Deputy Project Leader Lesley
and components thereof by reason of
Issued: October 11, 2016. Ahmed (lesley.ahmed@usitc.gov) for
infringement of certain claims of U.S.
Lisa R. Barton, information specific to this investigation
Patent Nos. 8,305,840 (‘‘the ’840
Secretary to the Commission. (the eighth update). For information on
patent’’), 8,300,499 (‘‘the ’499 patent’’),
and 8,605,550 (‘‘the ’550 patent’’). Id. [FR Doc. 2016–24987 Filed 10–14–16; 8:45 am] the legal aspects of this investigation,
The notice of investigation named as BILLING CODE 7020–02–P
contact William Gearhart of the
respondents Garmin International, Inc. Commission’s Office of the General
(‘‘Garmin International’’), Garmin USA, Counsel (202–205–3091 or
Inc. (‘‘Garmin USA’’), both of Olathe, INTERNATIONAL TRADE william.gearhart@usitc.gov). The media
Kansas; and Garmin (Asia) Corporation COMMISSION should contact Margaret O’Laughlin,
of New Taipei City, Taiwan (‘‘Garmin Office of External Relations (202–205–
[Investigation No. 332–325] 1819 or margaret.olaughlin@usitc.gov).
Asia’’). Id. The Office of Unfair Import
Investigations (‘‘OUII’’) was also named Hearing-impaired individuals may
The Economic Effects of Significant
as a party. Id. obtain information on this matter by
U.S. Import Restraints; Ninth Update;
On December 1, 2015, the contacting the Commission’s TDD
Special Topic: The Effects of Tariffs
Commission found a violation of terminal at 202–205–1810. General
and of Customs and Border
Section 337 based on infringement of information concerning the Commission
Procedures on Global Supply Chains
claims 1, 5, 7, 9, 11, 16–19, 23, 32, 39– may also be obtained by accessing its
41, 63, and 70–72 of the ’840 patent and AGENCY: United States International Internet server (https://www.usitc.gov).
infringement of claims 32 and 44 of the Trade Commission. Persons with mobility impairments who
’550 patent, but found no violation with ACTION: Notice of ninth update report, will need special assistance in gaining
respect to the ’499 patent. 80 FR 76040– scheduling of public hearing, access to the Commission should
41 (Dec. 7, 2015). The Commission opportunity to file written submissions. contact the Office of the Secretary at
issued a limited exclusion order 202–205–2000.
prohibiting Garmin International, SUMMARY: Following receipt of a letter
dated September 13, 2016 from the Background
Garmin USA, and Garmin Asia from
importing certain marine sonar imaging United States Trade Representative The Commission instituted this
devices, including downscan and (USTR), the U.S. International Trade investigation under section 332(g) of the
sidescan devices, products containing Commission (Commission) has Tariff Act of 1930 (19 U.S.C. 1332(g))
the same, and components thereof that announced its schedule for preparing following receipt of an initial request
infringe certain claims of the ’840 and the ninth update report in investigation from the USTR dated May 15, 1992. The
’550 patent. Id. The Commission also No. 332–325, The Economic Effects of request asked that the Commission
issued cease and desist orders against Significant U.S. Import Restraints, assess the quantitative economic effects
Garmin International, Garmin USA, and including the scheduling of a public of significant U.S. import restraints on
Garmin Asia prohibiting the sale and hearing in connection with this update the U.S. economy and prepare periodic
distribution within the United States of report for February 9, 2017. This year’s update reports after the initial report.
articles that infringe certain claims of report will include a chapter on the The Commission published a notice of
the ’840 and ’550 patents. Id. at 76041. effects of tariffs and customs and border institution of the investigation in the
On August 30, 2016, Navico filed a procedures on global supply chains. Federal Register of June 17, 1992 (57 FR
complaint requesting that the DATES: January 26, 2017: Deadline for 27063). The first report was delivered to
Commission institute a formal filing requests to appear at the public the USTR in November 1993, the first
enforcement proceeding under hearing. update in December 1995, and
Commission Rule 210.75(b) to January 30, 2017: Deadline for filing successive updates were delivered in
investigate violations of the December 1, pre-hearing briefs and statements. 1999, 2002, 2004, 2007, 2009, 2011, and
2015 cease and desist orders by Garmin February 9, 2017: Public hearing. 2013.
International and Garmin USA February 16, 2017: Deadline for filing In this ninth update, as requested by
jstallworth on DSK7TPTVN1PROD with NOTICES

(collectively, ‘‘Garmin’’). Having post-hearing briefs and statements. the USTR in a letter dated September
examined the complaint and the March 1, 2017: Deadline for filing all 13, 2016, the Commission will provide,
supporting documents, the Commission other written submissions. in addition to the quantitative effects
has determined to institute a formal September 13, 2017: Transmittal of analysis similar to that included in prior
enforcement proceeding to determine Commission report to USTR. reports, an assessment of how
whether Garmin is in violation of the ADDRESSES: All Commission offices, significant U.S. import restraints affect
December 1, 2015 cease and desist including the Commission’s hearing households with different incomes and

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Document Created: 2016-10-15 01:52:26
Document Modified: 2016-10-15 01:52:26

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 of ninth update report, scheduling of public hearing, opportunity to file written submissions.
Dates		January 26, 2017: Deadline for filing requests to appear at the public hearing.
Contact		Project Leader William Deese ([email protected] or 202-205-2626) or Deputy Project Leader Lesley Ahmed ([email protected]) for information specific to this investigation (the eighth update). For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000.
FR Citation		81 FR 71532