82 FR 13133 - Certain Carbon and Alloy Steel Products; Commission Determination To Seek Further Written Submissions From the Public and To Reschedule the Date for an Oral Argument

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13133-13134
FR Document		2017-04597

Notice is hereby given that the U.S. International Trade Commission has determined to seek further written submissions from the public in response to the December 19, 2016, Notice, see 81 FR 94416-17 (Dec. 23, 2016), and to reschedule the date for an oral argument to April 20, 2017, in connection with the Commission's review of the initial determination (``ID'') (Order No. 38) of the presiding administrative law judge (``ALJ'') granting Respondents' motion to terminate Complainant's antitrust claim under 19 CFR 210.21 and, in the alternative, 19 CFR 210.18.

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13133-13134]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-04597]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1002]

Certain Carbon and Alloy Steel Products; Commission Determination
To Seek Further Written Submissions From the Public and To Reschedule
the Date for an Oral Argument

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to seek further written submissions from the
public in response to the December 19, 2016, Notice, see 81 FR 94416-17
(Dec. 23, 2016), and to reschedule the date for an oral argument to
April 20, 2017, in connection with the Commission's review of the
initial determination (``ID'') (Order No. 38) of the presiding
administrative law judge (``ALJ'') granting Respondents' motion to
terminate Complainant's antitrust claim under 19 CFR 210.21 and, in the
alternative, 19 CFR 210.18.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation are
or 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 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: The Commission instituted Investigation No.
337-TA-1002 on June 2, 2016, based on a complaint filed by Complainant
United States Steel Corporation of Pittsburgh, Pennsylvania (``U.S.
Steel''), alleging a violation of Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337. See 81 FR 35381 (June 2, 2016). The
complaint alleges violations of Section 337 based upon the importation
into the United States, or in the sale of certain carbon and alloy
steel products by reason of: (1) A conspiracy to fix prices and control
output and export volumes, the threat or effect of which is to restrain
or monopolize trade and commerce in the United States; (2)
misappropriation and use of trade secrets, the threat or effect of
which is to destroy or substantially injure an industry in the United
States; and (3) false designation of origin or manufacturer, the threat
or effect of which is to destroy or substantially injure an industry in
the United States. Id. The notice of investigation identified forty
(40) respondents that are Chinese steel manufacturers or distributors,
as well as some of their Hong Kong and United States affiliates. Id. In
addition, the Office of Unfair Import Investigations is a party in this
investigation. Id.
On August 26, 2016, Respondents filed a motion to terminate U.S.
Steel's antitrust claim under 19 CFR 210.21. On September 6, 2016, U.S.
Steel filed a response in opposition to Respondents' motion to
terminate. On September 9, 2016, the Commission Investigative Attorney
(``IA'') filed a response in opposition to Respondents' motion to
terminate. On November 14, 2016, the ALJ issued the subject ID,
granting Respondents' motion to terminate Complainant's antitrust claim
under 19 CFR 210.21 and, in the alternative, under 19 CFR 210.18. On
November 23, 2016, Complainant and the IA filed petitions for review of
the ID. Complainant also requested oral argument before the Commission.
On December 1, 2016, Respondents filed a response to the petitions for
review. Also on December 1, 2016, Complainant filed a response to the
IA's petition for review.
On December 19, 2016, the Commission issued a Notice determining to
review the ID (Order No. 38). See 81 FR 94416-17 (Dec. 23, 2016). In
the Notice, the Commission requested written submissions from ``[t]he
parties to the investigation, including the Office of Unfair Import
Investigations, and interested government agencies'' in connection with
its review and set a date of March 14, 2017, for possible oral
argument. Id.
On February 24, 2017, the Commission issued a notice indicating
that, pursuant to Commission Rule 210.45 (19 CFR 210.45), an oral
argument would be held on March 14, 2017, in connection with the
Commission's review of Order No. 38.
The Commission has determined to issue today's request for written
submissions from any member of the public (not including the parties to
this investigation) and any interested government agencies with respect
to questions 1-4 of the December 19, 2016, Notice (see 81 FR 94416-17),
as reproduced below:
1. Please explain the policies that underlie the injury requirement
under Section 337(a)(1)(A)(iii), including an analysis of any relevant
statutory language, legislative history, Commission determinations,
case law, or other authority. In discussing this question, please also
explain how the injury requirement under Section 337(a)(1)(A)(iii) is
different from, or relates to, the injury requirement that applies
under Section 337(a)(1)(A)(i).
2. Please explain what Complainant must prove to satisfy the injury
requirement under Section 337(a)(1)(A)(iii), where the alleged unfair
act in violation of Section 337 is based on a claim alleging a
conspiracy to fix prices and control output and export volumes
(``antitrust claim''). Please include an analysis of any relevant
statutory language, legislative history, Commission determinations,
case law, or other authority.

[[Page 13134]]

3. Please explain how ``antitrust injury'' standing, as required
for private litigants in federal district courts asserting antitrust
claims, see, e.g., Atl. Richfield Co. v. USA Petroleum Co., 495 U.S.
328, 335 (1990), compares to, or differs from, the injury requirement
under Section 337(a)(1)(A). Please include an analysis of any relevant
statutory language, legislative history, Commission determinations,
case law, or other authority. In discussing this question, please
explain the chronology of the adoption of the ``antitrust injury''
standing requirement in relation to the injury requirement under
Section 337(a)(1)(A).
4. Please explain whether ``antitrust injury'' standing is, or
should be, required for establishing a Section 337 violation based on a
claim alleging a conspiracy to fix prices and control output and export
volumes as a matter of law and/or policy. Please include an analysis of
any relevant statutory language, legislative history, Commission
determinations, case law, or other authority.
The parties to this investigation, including the Office of Unfair
Import Investigations, may file submissions in response to any written
submission(s) that are submitted by the public or any interested
government agencies. No further submissions on any of these issues will
be permitted unless otherwise ordered by the Commission.
Written Submissions: Written submissions from entities other than
the parties and/or government agencies shall include a Statement of
Interest including: (1) A concise statement of the identity of the
entity filing the written submission, its interest in the case, and the
reasons why the written submission is relevant to the disposition of
the issues in dispute; and (2) a statement indicating whether: (i) A
party's counsel authored the written submission in whole or in part;
(ii) a party or party's counsel contributed money that was intended to
fund preparing or submitting the written submission; and (iii) a
person--other than the entity, its members, or its counsel--contributed
money that was specifically intended to fund preparing or submitting
the written submission and, if so, each such person shall be
identified. Written submissions from individuals shall also include a
curriculum vitae (``CV''). Written submissions must be filed no later
than close of business on March 27, 2017, may not exceed 20 pages in
length, exclusive of any exhibits, Statement of Interest, and CV, and
shall be double-spaced. Responsive submissions from the parties must be
filed no later than the close of business on April 3, 2017, may not
exceed 20 pages in length, exclusive of any exhibits, and shall be
double-spaced. No further submissions on any of these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit eight
(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. 337-TA-1002'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.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 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,\1\ solely for
cybersecurity purposes. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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Commission Oral Argument: The Commission has also determined to
reschedule the oral argument to April 20, 2017, in order to provide
sufficient time for the Commission to receive and review any written
submissions and any responses thereto. The Commission will hold the
public oral argument in the Commission's Main Hearing Room (Room 101),
500 E Street SW., Washington, DC 20436, beginning at 9:30 a.m. While
any member of the public may attend the oral argument, only counsel for
the parties to the investigation, including the Office of Unfair Import
Investigations, and representatives of interested government agencies
may participate and/or argue at the oral argument.
At the oral argument, counsel for each party and representatives of
interested government agencies will be given an opportunity to comment
in opening remarks for no more than 10 minutes, and the Commissioners
may ask questions of those appearing. Details as to the format of the
hearing will be provided at a later date. This is a public proceeding;
confidential business information (``CBI'') shall not be discussed. A
party, however, can draw the Commission's attention to CBI, if
necessary, by pointing to where in the record the information can be
found.
The oral argument will be limited in scope to the issues identified
in the ID (Order No. 38); the Commission's December 19, 2016, Notice;
the present Notice; and any related petition, written submissions, and
responses thereto.
After the conclusion of the oral argument, no additional written
submissions or arguments will be permitted.
Notice of Appearance: Counsel for the parties to the investigation
or any representatives of interested government agencies who wish to
participate in the oral argument must file a written request to appear
at the Commission oral argument by April 6, 2017 and must provide their
email addresses as part of their contact information.
The authority for the Commission's determination is contained in
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: March 3, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04597 Filed 3-8-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13133

the Commission’s rules with respect to under 19 CFR 210.21 and, in the Attorney (‘‘IA’’) filed a response in
electronic filing. alternative, 19 CFR 210.18. opposition to Respondents’ motion to
Additional written submissions to the FOR FURTHER INFORMATION CONTACT: terminate. On November 14, 2016, the
Commission, including requests Houda Morad, Office of the General ALJ issued the subject ID, granting
pursuant to section 201.12 of the Counsel, U.S. International Trade Respondents’ motion to terminate
Commission’s rules, shall not be Commission, 500 E Street SW., Complainant’s antitrust claim under 19
accepted unless good cause is shown for Washington, DC 20436, telephone (202) CFR 210.21 and, in the alternative,
accepting such submissions, or unless 708–4716. Copies of non-confidential under 19 CFR 210.18. On November 23,
the submission is pursuant to a specific documents filed in connection with this 2016, Complainant and the IA filed
request by a Commissioner or investigation are or will be available for petitions for review of the ID.
Commission staff. inspection during official business Complainant also requested oral
In accordance with sections 201.16(c) hours (8:45 a.m. to 5:15 p.m.) in the argument before the Commission. On
and 207.3 of the Commission’s rules, Office of the Secretary, U.S. December 1, 2016, Respondents filed a
each document filed by a party to the International Trade Commission, 500 E response to the petitions for review.
review must be served on all other Street SW., Washington, DC 20436, Also on December 1, 2016, Complainant
parties to the review (as identified by telephone (202) 205–2000. General filed a response to the IA’s petition for
either the public or BPI service list), and information concerning the Commission review.
a certificate of service must be timely may also be obtained by accessing its On December 19, 2016, the
filed. The Secretary will not accept a Internet server at https://www.usitc.gov. Commission issued a Notice
document for filing without a certificate The public record for this investigation determining to review the ID (Order No.
of service. may be viewed on the Commission’s 38). See 81 FR 94416–17 (Dec. 23, 2016).
The Commission has determined that electronic docket (EDIS) at https:// In the Notice, the Commission requested
these reviews are extraordinarily edis.usitc.gov. Hearing-impaired written submissions from ‘‘[t]he parties
complicated and therefore has persons are advised that information on to the investigation, including the Office
determined to exercise its authority to this matter can be obtained by of Unfair Import Investigations, and
extend the review period by up to 90 interested government agencies’’ in
contacting the Commission’s TDD
days pursuant to 19 U.S.C.1675(c)(5)(B). connection with its review and set a
terminal on (202) 205–1810.
date of March 14, 2017, for possible oral
Authority: This review is being conducted SUPPLEMENTARY INFORMATION: The
argument. Id.
under authority of title VII of the Tariff Act Commission instituted Investigation No. On February 24, 2017, the
of 1930; this notice is published pursuant to 337–TA–1002 on June 2, 2016, based on
section 207.62 of the Commission’s rules.
Commission issued a notice indicating
a complaint filed by Complainant that, pursuant to Commission Rule
By order of the Commission. United States Steel Corporation of 210.45 (19 CFR 210.45), an oral
Issued: March 2, 2017. Pittsburgh, Pennsylvania (‘‘U.S. Steel’’), argument would be held on March 14,
Lisa R. Barton, alleging a violation of Section 337 of the 2017, in connection with the
Secretary to the Commission. Tariff Act of 1930, as amended, 19 Commission’s review of Order No. 38.
[FR Doc. 2017–04596 Filed 3–8–17; 8:45 am]
U.S.C. 1337. See 81 FR 35381 (June 2, The Commission has determined to
2016). The complaint alleges violations issue today’s request for written
BILLING CODE 7020–02–P
of Section 337 based upon the submissions from any member of the
importation into the United States, or in public (not including the parties to this
INTERNATIONAL TRADE the sale of certain carbon and alloy steel investigation) and any interested
COMMISSION products by reason of: (1) A conspiracy government agencies with respect to
to fix prices and control output and questions 1–4 of the December 19, 2016,
export volumes, the threat or effect of Notice (see 81 FR 94416–17), as
[Investigation No. 337–TA–1002] which is to restrain or monopolize trade reproduced below:
Certain Carbon and Alloy Steel and commerce in the United States; (2) 1. Please explain the policies that
Products; Commission Determination misappropriation and use of trade underlie the injury requirement under
To Seek Further Written Submissions secrets, the threat or effect of which is Section 337(a)(1)(A)(iii), including an
From the Public and To Reschedule to destroy or substantially injure an analysis of any relevant statutory
the Date for an Oral Argument industry in the United States; and (3) language, legislative history,
false designation of origin or Commission determinations, case law,
AGENCY: U.S. International Trade manufacturer, the threat or effect of or other authority. In discussing this
Commission. which is to destroy or substantially question, please also explain how the
ACTION: Notice. injure an industry in the United States. injury requirement under Section
Id. The notice of investigation identified 337(a)(1)(A)(iii) is different from, or
SUMMARY: Notice is hereby given that forty (40) respondents that are Chinese relates to, the injury requirement that
the U.S. International Trade steel manufacturers or distributors, as applies under Section 337(a)(1)(A)(i).
Commission has determined to seek well as some of their Hong Kong and 2. Please explain what Complainant
further written submissions from the United States affiliates. Id. In addition, must prove to satisfy the injury
public in response to the December 19, the Office of Unfair Import requirement under Section
2016, Notice, see 81 FR 94416–17 (Dec. Investigations is a party in this 337(a)(1)(A)(iii), where the alleged
asabaliauskas on DSK3SPTVN1PROD with NOTICES

23, 2016), and to reschedule the date for investigation. Id. unfair act in violation of Section 337 is
an oral argument to April 20, 2017, in On August 26, 2016, Respondents based on a claim alleging a conspiracy
connection with the Commission’s filed a motion to terminate U.S. Steel’s to fix prices and control output and
review of the initial determination antitrust claim under 19 CFR 210.21. On export volumes (‘‘antitrust claim’’).
(‘‘ID’’) (Order No. 38) of the presiding September 6, 2016, U.S. Steel filed a Please include an analysis of any
administrative law judge (‘‘ALJ’’) response in opposition to Respondents’ relevant statutory language, legislative
granting Respondents’ motion to motion to terminate. On September 9, history, Commission determinations,
terminate Complainant’s antitrust claim 2016, the Commission Investigative case law, or other authority.

VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1

Document Created: 2017-03-09 04:58:22
Document Modified: 2017-03-09 04:58:22

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		Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-4716. Copies of non- confidential documents filed in connection with this investigation are or 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 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.
FR Citation		82 FR 13133