82 FR 12843 - Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan Scheduling of Full Five-Year Reviews
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 43 (March 7, 2017)
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12843-12844 | |
| FR Document | 2017-04372 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12843-12844] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04372] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-382 and 731-TA-800, 801, and 803 (Third Review)] Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan Scheduling of Full Five-Year Reviews AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the countervailing duty order on stainless steel sheet and strip from Korea and the antidumping duty orders on stainless steel sheet and strip from Japan, Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days. DATES: Effective Date: March 1, 2017. FOR FURTHER INFORMATION CONTACT: Michael Szustakowski ((202) 205-3169), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. 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. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.--On October 4, 2016, the Commission determined that responses to its notice of institution of the subject five-year reviews were such that full reviews should proceed (81 FR 71533, October 17, 2016); accordingly, full reviews are being scheduled pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements are available from the Office of the Secretary and at the Commission's Web site. Participation in the reviews and public service list.--Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission's notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.-- Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission's notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.--The prehearing staff report in the reviews will be placed in the nonpublic record on June 29, 2017, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the review beginning at 9:30 a.m. on July 25, 2017, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before July 17, 2017. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on July 24, 2017, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.--Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission's rules; the deadline for filing is July 14, 2017. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission's rules. The deadline for filing posthearing briefs is August 3, 2017. In addition, any person who has not entered an appearance as a party to the review may submit a written statement of information pertinent to the subject of the review on or before August 3, 2017. On August 23, 2017, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before August 25, 2017, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission's rules. All [[Page 12844]] written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. The Commission has determined that these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C.1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: March 2, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-04372 Filed 3-6-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12843
publishing the notice in the Federal General information concerning the of institution of the reviews need not
Register on November 8, 2016 (81 FR Commission may also be obtained by reapply for such access. A separate
78631). The hearing was held in accessing its internet server (https:// service list will be maintained by the
Washington, DC, on January 12, 2017, www.usitc.gov). The public record for Secretary for those parties authorized to
and all persons who requested the these reviews may be viewed on the receive BPI under the APO.
opportunity were permitted to appear in Commission’s electronic docket (EDIS) Staff report.—The prehearing staff
person or by counsel. at https://edis.usitc.gov. report in the reviews will be placed in
The Commission made these SUPPLEMENTARY INFORMATION: the nonpublic record on June 29, 2017,
determinations pursuant to sections Background.—On October 4, 2016, and a public version will be issued
705(b) and 735(b) of the Act (19 U.S.C. the Commission determined that thereafter, pursuant to section 207.64 of
1671d(b) and 19 U.S.C. 1673d(b)). It responses to its notice of institution of the Commission’s rules.
completed and filed its determinations Hearing.—The Commission will hold
the subject five-year reviews were such
in these investigations on March 2, a hearing in connection with the review
that full reviews should proceed (81 FR
2017. The views of the Commission are beginning at 9:30 a.m. on July 25, 2017,
71533, October 17, 2016); accordingly,
contained in USITC Publication 4671 at the U.S. International Trade
full reviews are being scheduled
(March 2017), entitled Ammonium Commission Building. Requests to
pursuant to section 751(c)(5) of the
Sulfate From China: Investigation Nos. appear at the hearing should be filed in
Tariff Act of 1930 (19 U.S.C. 1675(c)(5)).
701–TA–562 and 731–TA–1329 (Final). writing with the Secretary to the
A record of the Commissioners’ votes,
Commission on or before July 17, 2017.
By order of the Commission. the Commission’s statement on
A nonparty who has testimony that may
Issued: March 2, 2017. adequacy, and any individual
aid the Commission’s deliberations may
Lisa R. Barton, Commissioner’s statements are available request permission to present a short
Secretary to the Commission. from the Office of the Secretary and at statement at the hearing. All parties and
[FR Doc. 2017–04397 Filed 3–6–17; 8:45 am]
the Commission’s Web site. nonparties desiring to appear at the
Participation in the reviews and hearing and make oral presentations
BILLING CODE 7020–02–P
public service list.—Persons, including should participate in a prehearing
industrial users of the subject conference to be held on July 24, 2017,
INTERNATIONAL TRADE merchandise and, if the merchandise is at the U.S. International Trade
COMMISSION sold at the retail level, representative Commission Building, if deemed
consumer organizations, wishing to necessary. Oral testimony and written
[Investigation Nos. 701–TA–382 and 731– participate in these reviews as parties
TA–800, 801, and 803 (Third Review)] materials to be submitted at the public
must file an entry of appearance with hearing are governed by sections
the Secretary to the Commission, as 201.6(b)(2), 201.13(f), 207.24, and
Stainless Steel Sheet and Strip From
provided in section 201.11 of the 207.66 of the Commission’s rules.
Japan, Korea, and Taiwan Scheduling
Commission’s rules, by 45 days after Parties must submit any request to
of Full Five-Year Reviews
publication of this notice. A party that present a portion of their hearing
AGENCY: United States International filed a notice of appearance following testimony in camera no later than 7
Trade Commission. publication of the Commission’s notice business days prior to the date of the
ACTION: Notice. of institution of the reviews need not hearing.
file an additional notice of appearance. Written submissions.—Each party to
SUMMARY: The Commission hereby gives The Secretary will maintain a public the reviews may submit a prehearing
notice of the scheduling of full reviews service list containing the names and brief to the Commission. Prehearing
pursuant to the Tariff Act of 1930 (‘‘the addresses of all persons, or their briefs must conform with the provisions
Act’’) to determine whether revocation representatives, who are parties to the of section 207.65 of the Commission’s
of the countervailing duty order on reviews. rules; the deadline for filing is July 14,
stainless steel sheet and strip from For further information concerning 2017. Parties may also file written
Korea and the antidumping duty orders the conduct of these reviews and rules testimony in connection with their
on stainless steel sheet and strip from of general application, consult the presentation at the hearing, as provided
Japan, Korea, and Taiwan would be Commission’s Rules of Practice and in section 207.24 of the Commission’s
likely to lead to continuation or Procedure, part 201, subparts A and B rules, and posthearing briefs, which
recurrence of material injury within a (19 CFR part 201), and part 207, must conform with the provisions of
reasonably foreseeable time. The subparts A, D, E, and F (19 CFR part section 207.67 of the Commission’s
Commission has determined to exercise 207). rules. The deadline for filing
its authority to extend the review period Limited disclosure of business posthearing briefs is August 3, 2017. In
by up to 90 days. proprietary information (BPI) under an addition, any person who has not
DATES: Effective Date: March 1, 2017. administrative protective order (APO) entered an appearance as a party to the
FOR FURTHER INFORMATION CONTACT: and BPI service list.—Pursuant to review may submit a written statement
Michael Szustakowski ((202) 205–3169), section 207.7(a) of the Commission’s of information pertinent to the subject of
Office of Investigations, U.S. rules, the Secretary will make BPI the review on or before August 3, 2017.
International Trade Commission, 500 E gathered in these reviews available to On August 23, 2017, the Commission
Street SW., Washington, DC 20436. authorized applicants under the APO will make available to parties all
Hearing-impaired persons can obtain issued in the reviews, provided that the information on which they have not had
sradovich on DSK3GMQ082PROD with NOTICES
information on this matter by contacting application is made by 45 days after an opportunity to comment. Parties may
the Commission’s TDD terminal on 202– publication of this notice. Authorized submit final comments on this
205–1810. Persons with mobility applicants must represent interested information on or before August 25,
impairments who will need special parties, as defined by 19 U.S.C. 1677(9), 2017, but such final comments must not
assistance in gaining access to the who are parties to the reviews. A party contain new factual information and
Commission should contact the Office granted access to BPI following must otherwise comply with section
of the Secretary at 202–205–2000. publication of the Commission’s notice 207.68 of the Commission’s rules. All
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![12844 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
written submissions must conform with Commission has determined to review 64 of the ’668 patent. The ALJ found no
the provisions of section 201.8 of the in part the presiding administrative law violation of section 337 with respect to
Commission’s rules; any submissions judge’s (‘‘ALJ’’) final initial claim 2 of the ’577 patent; claims 46 and
that contain BPI must also conform with determination (‘‘Final ID’’) issued on 63 of the ’853 patent; claims 1, 3, and
the requirements of sections 201.6, December 9, 2016, finding a violation of 4 of the ’492 patent; claims 1–4, and 10
207.3, and 207.7 of the Commission’s section 337 of the Tariff Act of 1930, as of the ’875 patent; and claims 2, 6, 13,
rules. The Commission’s Handbook on amended, (‘‘section 337’’) in the above- and 17 of the ’211 patent.
E-Filing, available on the Commission’s captioned investigation. In particular, the Final ID finds that
Web site at https://www.usitc.gov/ FOR FURTHER INFORMATION CONTACT: Cisco has shown by a preponderance of
secretary/documents/handbook_on_ Megan M. Valentine, Office of the the evidence that the accused products
filing_procedures.pdf, elaborates upon General Counsel, U.S. International infringe asserted claims 1, 7, 9, 10, and
the Commission’s rules with respect to Trade Commission, 500 E Street SW., 15 of the ’577 patent; and asserted
electronic filing. Washington, DC 20436, telephone (202) claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 56, and
Additional written submissions to the 708–2301. Copies of non-confidential 64 of the ’668 patent. The Final ID finds
Commission, including requests documents filed in connection with this that Cisco has failed to show by a
pursuant to section 201.12 of the investigation are or will be available for preponderance of the evidence that the
Commission’s rules, shall not be inspection during official business accused products infringe asserted
accepted unless good cause is shown for hours (8:45 a.m. to 5:15 p.m.) in the claim 2 of the ’577 patent; asserted
accepting such submissions, or unless Office of the Secretary, U.S. claims 46 and 63 of the ’853 patent;
the submission is pursuant to a specific International Trade Commission, 500 E asserted claims 1, 3, and 4 of the ’492
request by a Commissioner or Street SW., Washington, DC 20436, patent; asserted claims 1–4, and 10 of
Commission staff. telephone (202) 205–2000. General the ’875 patent; and asserted claims 2,
In accordance with sections 201.16(c) information concerning the Commission 6, 13, and 17 of the ’211 patent.
and 207.3 of the Commission’s rules, may also be obtained by accessing its The Final ID also finds that assignor
each document filed by a party to the Internet server at https://www.usitc.gov. estoppel bars Arista from asserting that
reviews must be served on all other The public record for this investigation the ’577 and ’853 patents are invalid.
parties to the reviews (as identified by may be viewed on the Commission’s The Final ID finds, however, that if
either the public or BPI service list), and electronic docket (EDIS) at https:// assignor estoppel did not apply, Arista
a certificate of service must be timely edis.usitc.gov. Hearing-impaired has shown by clear and convincing
filed. The Secretary will not accept a persons are advised that information on evidence that claims 1, 7, 9, 10, and 15
document for filing without a certificate this matter can be obtained by of the ’577 patent and claim 46 of the
of service. contacting the Commission’s TDD ’853 patent are invalid as anticipated by
The Commission has determined that terminal on (202) 205–1810. U.S. Patent No. 5,920,886
these reviews are extraordinarily SUPPLEMENTARY INFORMATION: The (‘‘Feldmeier’’). The Final ID further
complicated and therefore has Commission instituted this investigation finds that Arista has failed to show by
determined to exercise its authority to on January 27, 2015, based on a clear and convincing evidence that any
extend the review period by up to 90 Complaint filed by Cisco Systems, Inc. of the remaining asserted claims are
days pursuant to 19 U.S.C.1675(c)(5)(B). of San Jose, California (‘‘Cisco’’). 80 FR invalid. The Final ID also finds that
Authority: These reviews are being 4313–14 (Jan. 27, 2015). The Complaint Arista has not proven by clear and
conducted under authority of title VII of the alleges violations of section 337 of the convincing evidence that Cisco’s patent
Tariff Act of 1930; this notice is published Tariff Act of 1930, as amended, 19 claims are barred by equitable estoppel,
pursuant to section 207.62 of the U.S.C. 1337, in the sale for importation, waiver, implied license, laches, unclean
Commission’s rules. hands, or patent misuse.
importation, and sale within the United
By order of the Commission. States after importation of certain The Final ID finds that Cisco has
Issued: March 2, 2017. network devices, related software and satisfied the economic prong of the
Lisa R. Barton, components thereof by reason of domestic industry requirement for all of
Secretary to the Commission. infringement of certain claims of U.S. the patents-in-suit pursuant to 19 U.S.C.
[FR Doc. 2017–04372 Filed 3–6–17; 8:45 am] Patent Nos. 7,023,853; 6,377,577; 337(A), (B), and (C). The Final ID finds,
7,460,492; 7,061,875; 7,224,668; and however, that Cisco has failed to satisfy
BILLING CODE 7020–02–P
8,051,211. The Complaint further the technical prong of the domestic
alleges the existence of a domestic industry requirement with respect to the
INTERNATIONAL TRADE industry. The Commission’s Notice of ’875, ’492, and ’211 patents. The Final
COMMISSION Investigation named Arista Networks, ID finds that Cisco has satisfied the
Inc. of Santa Clara, California (‘‘Arista’’) technical prong with respect to the ’577,
[Investigation No. 337–TA–945] as respondent. The Office of Unfair ’853, and ’668 patents.
Import Investigations (‘‘OUII’’) was also The Final ID also contains the ALJ’s
Certain Network Devices, Related recommended determination on remedy
named as a party to the investigation.
Software and Components Thereof (II); and bonding. The ALJ recommended
The Commission previously terminated
Commission Decision To Review in that the appropriate remedy is a limited
the investigation in part as to certain
Part a Final Initial Determination exclusion order with a certification
claims of the asserted patents. Order No.
Finding a Violation of Section 337; provision and a cease and desist order
sradovich on DSK3GMQ082PROD with NOTICES
38 (Oct. 27, 2015), unreviewed Notice
Request for Written Submissions against Arista. The ALJ recommended
(Nov. 18, 2015); Order No. 47 (Nov. 9,
AGENCY: U.S. International Trade 2015), unreviewed Notice (Dec. 1, 2015). the imposition of a bond of 5% during
Commission. On December 9, 2016, the ALJ issued the period of Presidential review.
ACTION: Notice. her Final ID, finding a violation of On December 29, 2016, Cisco, Arista,
section 337 with respect to claims 1, 7, and OUII each filed petitions for review
SUMMARY: Notice is hereby given that 9, 10, and 15 of the ’577 patent; and of various aspects of the Final ID. As
the U.S. International Trade claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 56, and described below, some of the issues
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Document Created: 2018-02-01 14:48:48
Document Modified: 2018-02-01 14:48:48
| 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. | |
| Dates | Effective Date: March 1, 2017. | |
| Contact | Michael Szustakowski ((202) 205-3169), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. 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. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 82 FR 12843 |
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