82 FR 21404 - Global Digital Trade 2: The Business-to-Business Market, Key Foreign Trade Restrictions, and U.S. Competitiveness; and Global Digital Trade 3: The Business-to-Consumer Market, Key Foreign Trade Restrictions, and U.S. Competitiveness; Institution of investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range		21404-21405
FR Document		2017-09180

In response to the request from the U.S. Trade Representative (USTR) dated January 13, 2017 under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission has instituted the second and third of three investigations on global digital trade: investigation No. 332-562, Global Digital Trade 2: The Business-to- Business Market, Key Foreign Trade Restrictions, and U.S. Competitiveness; and investigation No. 332-563, Global Digital Trade 3: The Business-to-Consumer Market, Key Foreign Trade Restrictions, and U.S. Competitiveness. The Commission will schedule a public hearing and provide opportunity for the public to file written submissions in connection with both investigations, with dates and procedures relating to both announced in a later notice.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)

[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21404-21405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09180]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-562 and Investigation No. 332-563 ]


Global Digital Trade 2: The Business-to-Business Market, Key 
Foreign Trade Restrictions, and U.S. Competitiveness; and Global 
Digital Trade 3: The Business-to-Consumer Market, Key Foreign Trade 
Restrictions, and U.S. Competitiveness; Institution of investigations

AGENCY: United States International Trade Commission.

ACTION: Institution of two additional investigations.

-----------------------------------------------------------------------

SUMMARY: In response to the request from the U.S. Trade Representative 
(USTR) dated January 13, 2017 under section 332(g) of the Tariff Act of 
1930, the U.S. International Trade Commission has instituted the second 
and third of three investigations on global digital trade: 
investigation No. 332-562, Global Digital Trade 2: The Business-to-
Business Market, Key Foreign Trade Restrictions, and U.S. 
Competitiveness; and investigation No. 332-563, Global Digital Trade 3: 
The Business-to-Consumer Market, Key Foreign Trade Restrictions, and 
U.S. Competitiveness. The Commission will schedule a public hearing and 
provide opportunity for the public to file written submissions in 
connection with both investigations, with dates and procedures relating 
to both announced in a later notice.

DATES: 
October 29, 2018: Expected transmittal of the Global Digital Trade 2 
report to the USTR.
March 29, 2019: Expected transmittal of the Global Digital Trade 3 
report to the USTR.

FOR FURTHER INFORMATION CONTACT: For information relating to Global 
Digital Trade 2, contact co-Project Leaders Dan Kim (202-205-3234 or 
[email protected]) and Alissa Tafti (202-205-3244 or 
[email protected]); and for information relating to Global Digital 
Trade 3, contact Project Leader Ricky Ubee (202-205-3493 or 
[email protected]) or Deputy Project Leader Christopher Robinson 
(202-205-2602 or [email protected]). For information on 
the legal aspects of these investigations, 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 Web site (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 
202-205-2002.

SUPPLEMENTARY INFORMATION: 
    Background: As indicated above, in his letter on January 13, 2017, 
the USTR requested that the Commission conduct three investigations and 
prepare three reports relating to global digital trade. The Commission 
instituted the first of these investigations, Global Digital Trade 1: 
Market Opportunities and Key Foreign Trade Restrictions, on February 6, 
2017 and published notice of the investigation in the Federal Register 
on February 10, 2017 (82 FR 10397). The Commission held a public 
hearing in the first investigation on April 4, 2017, and is to transmit 
its report in that investigation to the USTR by August 29, 2017. For 
more information about the first investigation, including deadlines for 
filing briefs, statements, and other written submissions in that 
investigation, see the Commission's notice published in the Federal 
Register and posted on the Commission's Web site at http://www.usitc.gov.
    The Commission is now announcing the institution of the second and 
third investigations in this series. As requested by the USTR, the 
Commission's report on the second investigation, titled Global Digital 
Trade 2: The Business-to-Business Market, Key Foreign Trade 
Restrictions, and U.S. Competitiveness, will build on the first report 
to:
     Provide qualitative, and to the extent possible, 
quantitative analysis of measures in key foreign markets (identified in 
the first report) that affect the ability of U.S. firms to develop and/
or supply business-to-business digital products and services abroad; 
and
     Assess, using case studies or other qualitative and 
quantitative methods, the impact of these measures on the 
competitiveness of U.S. firms engaged in the sale of digital products 
and

[[Page 21405]]

services, as well as on international trade and investment flows 
associated with digital products and services related to significant 
business-to-business technologies.
    The Commission expects to deliver this second report to the USTR by 
October 29, 2018.
    As requested by the USTR, the Commission's report on the third 
investigation, titled Global Digital Trade 3: The Business-to-Consumer 
Market, Key Foreign Trade Restrictions, and U.S. Competitiveness, will 
build on the first and second reports to:
     Provide qualitative, and to the extent possible, 
quantitative analysis of measures in key foreign markets (identified in 
the first report) that affect the ability of U.S. firms to develop and/
or supply business-to-consumer digital products and services abroad; 
and
     Assess, using case studies or other qualitative and 
quantitative methods, the impact of these measures on the 
competitiveness of U.S. firms engaged in the sale of digital products 
and services, as well as on international trade and investment flows 
associated with digital products and services related to significant 
business-to-consumer technologies.
    The Commission expects to deliver this third report to the USTR by 
March 29, 2019.
    Public Hearing, Written Submissions: The Commission expects to hold 
a public hearing in the spring of 2018 in connection with the second 
and third investigations. The Commission will announce the time and 
place in a later notice.
    The Commission will also provide opportunity for interested members 
of the public to file written submissions in connection with the second 
and third investigations. The Commission will announce the time and 
procedures relating to the filing of those written submissions in a 
later notice. The Commission will also identify in that notice any 
particular issues or subject areas that it would like members of the 
public to address in their written submissions or in hearing testimony.
    Portions of the Second and Third Reports to be Classified as 
National Security Information and be Subject to the Deliberative 
Process Privilege: In his letter requesting the investigations, the 
USTR indicated that portions of the Commission's second and third 
reports containing the Commission's analysis of the impact of foreign 
barriers to digital trade on (1) U.S. imports and exports of digital 
products and services and (2) the competitiveness of U.S. companies 
will be classified on the basis that those portions concern economic 
matters relating to national security that impact USTR negotiation and 
enforcement priorities. USTR also indicated that it intends to treat 
the Commission's second and third reports as interagency memoranda 
containing predecisional advice subject to the deliberative process 
privilege.
    In his request letter, the USTR indicated that his office intends 
to make the Commission's first report in this series available to the 
public in its entirety.

    By order of the Commission.

    Issued: May 2, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-09180 Filed 5-5-17; 8:45 am]
 BILLING CODE 7020-02-P

21404 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices

Next Steps Dated: May 2, 2017. christopher.robinson@usitc.gov). For
Stephen P. Henry, information on the legal aspects of these
We will evaluate the permit investigations, contact William Gearhart
Field Supervisor, Ventura Fish and Wildlife
application, including the plan and Office, Ventura, California. of the Commission’s Office of the
comments we receive, to determine General Counsel (202–205–3091 or
[FR Doc. 2017–09281 Filed 5–5–17; 8:45 am]
whether the application meets the william.gearhart@usitc.gov). The media
BILLING CODE 4333–15–P
requirements of section 10(a)(1)(B) of should contact Margaret O’Laughlin,
the Act. We will also evaluate whether Office of External Relations (202–205–
issuance of the ITP would comply with 1819 or margaret.olaughlin@usitc.gov).
section 7(a)(2) of the Act by conducting INTERNATIONAL TRADE
COMMISSION Hearing-impaired individuals may
an intra-Service Section 7 consultation. obtain information on this matter by
[Investigation No. 332–562 and contacting the Commission’s TDD
Public Review
Investigation No. 332–563 ] terminal at 202–205–1810. General
We provide this notice under section information concerning the Commission
10(c) of the Act and the National Global Digital Trade 2: The Business-
to-Business Market, Key Foreign Trade may also be obtained by accessing its
Environmental Policy Act of 1969, as Web site (https://www.usitc.gov).
amended (NEPA), NEPA’s public Restrictions, and U.S.
Competitiveness; and Global Digital Persons with mobility impairments who
involvement regulations (40 CFR will need special assistance in gaining
1500.1(b), 1500.2(d), and 1506.6). We Trade 3: The Business-to-Consumer
Market, Key Foreign Trade access to the Commission should
are requesting comments on our contact the Office of the Secretary at
determination that the applicants’ Restrictions, and U.S.
Competitiveness; Institution of 202–205–2002.
proposal will have a minor or neglible SUPPLEMENTARY INFORMATION:
effect on the Mount Hermon June beetle investigations
Background: As indicated above, in
and that the plan qualifies as a low- AGENCY: United States International his letter on January 13, 2017, the USTR
effect HCP as defined by our 1996 Trade Commission. requested that the Commission conduct
Habitat Conservation Planning ACTION: Institution of two additional three investigations and prepare three
Handbook. We will evaluate the permit investigations. reports relating to global digital trade.
application, including the plan and The Commission instituted the first of
comments we receive, to determine SUMMARY: In response to the request these investigations, Global Digital
whether the application meets the from the U.S. Trade Representative Trade 1: Market Opportunities and Key
requirements of section 10(a)(1)(B) of (USTR) dated January 13, 2017 under Foreign Trade Restrictions, on February
the Act. We will use the results of our section 332(g) of the Tariff Act of 1930, 6, 2017 and published notice of the
internal Service consultation, in the U.S. International Trade investigation in the Federal Register on
combination with the above findings, in Commission has instituted the second February 10, 2017 (82 FR 10397). The
our final analysis to determine whether and third of three investigations on Commission held a public hearing in
to issue the permits. If the requirements global digital trade: investigation No. the first investigation on April 4, 2017,
are met, we will issue an ITP to the 332–562, Global Digital Trade 2: The and is to transmit its report in that
applicant for the incidental take of Business-to-Business Market, Key investigation to the USTR by August 29,
Mount Hermon June beetle. We will Foreign Trade Restrictions, and U.S. 2017. For more information about the
make the final permit decision no Competitiveness; and investigation No. first investigation, including deadlines
sooner than 30 days after the date of this 332–563, Global Digital Trade 3: The for filing briefs, statements, and other
notice. Business-to-Consumer Market, Key written submissions in that
Public Comments Foreign Trade Restrictions, and U.S. investigation, see the Commission’s
Competitiveness. The Commission will notice published in the Federal Register
If you wish to comment on the permit schedule a public hearing and provide and posted on the Commission’s Web
application, plans, and associated opportunity for the public to file written site at http://www.usitc.gov.
documents, you may submit comments submissions in connection with both The Commission is now announcing
by any one of the methods in investigations, with dates and the institution of the second and third
ADDRESSES. procedures relating to both announced investigations in this series. As
in a later notice. requested by the USTR, the
Public Availability of Comments
DATES: Commission’s report on the second
Before including your address, phone October 29, 2018: Expected transmittal investigation, titled Global Digital Trade
number, email address, or other of the Global Digital Trade 2 report to 2: The Business-to-Business Market, Key
personal identifying information in your the USTR. Foreign Trade Restrictions, and U.S.
comment, you should be aware that March 29, 2019: Expected transmittal of Competitiveness, will build on the first
your entire comment—including your the Global Digital Trade 3 report to report to:
personal identifying information—may the USTR. • Provide qualitative, and to the
be made publicly available at any time. FOR FURTHER INFORMATION CONTACT: For extent possible, quantitative analysis of
While you can ask us in your comment information relating to Global Digital measures in key foreign markets
to withhold your personal identifying Trade 2, contact co-Project Leaders Dan (identified in the first report) that affect
asabaliauskas on DSK3SPTVN1PROD with NOTICES

information from public view, we Kim (202–205–3234 or dan.kim@ the ability of U.S. firms to develop and/
cannot guarantee that we will be able to usitc.gov) and Alissa Tafti (202–205– or supply business-to-business digital
do so. 3244 or alissa.tafti@usitc.gov); and for products and services abroad; and
Authority information relating to Global Digital • Assess, using case studies or other
Trade 3, contact Project Leader Ricky qualitative and quantitative methods,
We provide this notice under section Ubee (202–205–3493 or ravinder.ubee@ the impact of these measures on the
10 of the Act (16 U.S.C. 1531 et seq.) usitc.gov) or Deputy Project Leader competitiveness of U.S. firms engaged
and NEPA regulations (40 CFR 1506.6). Christopher Robinson (202–205–2602 or in the sale of digital products and

VerDate Sep<11>2014 18:27 May 05, 2017 Jkt 241001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\08MYN1.SGM 08MYN1

Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices 21405

services, as well as on international relating to national security that impact Secretary, U.S. International Trade
trade and investment flows associated USTR negotiation and enforcement Commission, 500 E Street SW., Room
with digital products and services priorities. USTR also indicated that it 112, Washington, DC 20436, telephone
related to significant business-to- intends to treat the Commission’s (202) 205–2000. Hearing impaired
business technologies. second and third reports as interagency individuals are advised that information
The Commission expects to deliver memoranda containing predecisional on this matter can be obtained by
this second report to the USTR by advice subject to the deliberative contacting the Commission’s TDD
October 29, 2018. process privilege. terminal on (202) 205–1810. Persons
As requested by the USTR, the In his request letter, the USTR with mobility impairments who will
Commission’s report on the third indicated that his office intends to make need special assistance in gaining access
investigation, titled Global Digital Trade the Commission’s first report in this to the Commission should contact the
3: The Business-to-Consumer Market, series available to the public in its Office of the Secretary at (202) 205–
Key Foreign Trade Restrictions, and U.S. entirety. 2000. General information concerning
Competitiveness, will build on the first the Commission may also be obtained
By order of the Commission.
and second reports to: by accessing its Internet server at
• Provide qualitative, and to the Issued: May 2, 2017.
https://www.usitc.gov. The public
extent possible, quantitative analysis of Lisa R. Barton,
record for this investigation may be
measures in key foreign markets Secretary to the Commission.
viewed on the Commission’s electronic
(identified in the first report) that affect [FR Doc. 2017–09180 Filed 5–5–17; 8:45 am]
docket (EDIS) at https://edis.usitc.gov.
the ability of U.S. firms to develop and/ BILLING CODE 7020–02–P
or supply business-to-consumer digital FOR FURTHER INFORMATION CONTACT: The
products and services abroad; and Office of the Secretary, Docket Services
• Assess, using case studies or other INTERNATIONAL TRADE Division, U.S. International Trade
qualitative and quantitative methods, COMMISSION Commission, telephone (202) 205–1802.
the impact of these measures on the Authority: The authority for institution of
[Investigation No. 337–TA–1055]
competitiveness of U.S. firms engaged this investigation is contained in section 337
in the sale of digital products and of the Tariff Act of 1930, as amended, 19
Certain Mirrors With Internal U.S.C. 1337 and in section 210.10 of the
services, as well as on international Illumination and Components Thereof;
trade and investment flows associated Commission’s Rules of Practice and
Institution of Investigation Procedure, 19 CFR 210.10 (2017).
with digital products and services
related to significant business-to- AGENCY: U.S. International Trade Scope of Investigation: Having
consumer technologies. Commission. considered the complaint, the U.S.
The Commission expects to deliver ACTION: Notice. International Trade Commission, on
this third report to the USTR by March May 1, 2017, ordered that—
29, 2019. SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of
Public Hearing, Written Submissions: complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as
The Commission expects to hold a International Trade Commission on amended, an investigation be instituted
public hearing in the spring of 2018 in March 8, 2017, under section 337 of the to determine whether there is a
connection with the second and third Tariff Act of 1930, as amended, on violation of subsection (a)(1)(B) of
investigations. The Commission will behalf of Electric Mirror, LLC of Everett, section 337 in the importation into the
announce the time and place in a later Washington and Kelvin 42 LLC of United States, the sale for importation,
notice. Pensacola, Florida. A supplement was or the sale within the United States after
The Commission will also provide filed on March 24, 2017, and an importation of certain mirrors with
opportunity for interested members of amended complaint was filed on April internal illumination and components
the public to file written submissions in 21, 2017. The complaint, as amended, thereof by reason of infringement of one
connection with the second and third alleges violations of section 337 based or more of claims 4, 9, 14, and 18 of the
investigations. The Commission will upon the importation into the United ’414 patent and claims 1–6, 8, and
announce the time and procedures States, the sale for importation, and the 14–16 of the ’668 patent, and whether
relating to the filing of those written sale within the United States after an industry in the United States exists
submissions in a later notice. The importation of certain mirrors with as required by subsection (a)(2) of
Commission will also identify in that internal illumination and components section 337;
notice any particular issues or subject thereof by reason of infringement of (2) For the purpose of the
areas that it would like members of the certain claims of U.S. Patent No. investigation so instituted, the following
public to address in their written 7,853,414 (‘‘the ’414 patent’’) and U.S. are hereby named as parties upon which
submissions or in hearing testimony. Patent No. 7,559,668 (‘‘the ’668 patent’’). this notice of investigation shall be
Portions of the Second and Third The amended complaint further alleges served:
Reports to be Classified as National that an industry in the United States (a) The complainants are:
Security Information and be Subject to exists as required by the applicable
Federal Statute. Electric Mirror, LLC, 6101 Associated
the Deliberative Process Privilege: In his
The complainants request that the Boulevard Everett, WA 98203.
letter requesting the investigations, the
USTR indicated that portions of the Commission institute an investigation Kelvin 42 LLC, 38 South Blue Angel
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Commission’s second and third reports and, after the investigation, issue a Parkway #176, Pensacola, FL 32506.
containing the Commission’s analysis of limited exclusion order and cease and (b) The respondents are the following
the impact of foreign barriers to digital desist orders. entities alleged to be in violation of
trade on (1) U.S. imports and exports of ADDRESSES: The complaint, except for section 337, and are the parties upon
digital products and services and (2) the any confidential information contained which the complaint is to be served:
competitiveness of U.S. companies will therein, is available for inspection Lumidesign Inc., 55 West Beaver Creek
be classified on the basis that those during official business hours (8:45 a.m. Road, Unit 34, Richmond Hill,
portions concern economic matters to 5:15 p.m.) in the Office of the Ontario L4B 1K5, Canada.

VerDate Sep<11>2014 18:27 May 05, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\08MYN1.SGM 08MYN1

Document Created: 2017-05-06 02:21:43
Document Modified: 2017-05-06 02:21:43

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		Institution of two additional investigations.
Dates		October 29, 2018: Expected transmittal of the Global Digital Trade 2 report to the USTR. March 29, 2019: Expected transmittal of the Global Digital Trade 3 report to the USTR.
Contact		For information relating to Global Digital Trade 2, contact co-Project Leaders Dan Kim (202-205-3234 or [email protected]) and Alissa Tafti (202-205-3244 or [email protected]); and for information relating to Global Digital Trade 3, contact Project Leader Ricky Ubee (202-205-3493 or [email protected]) or Deputy Project Leader Christopher Robinson (202-205-2602 or [email protected]). For information on the legal aspects of these investigations, 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 Web site (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 202-205-2002.
FR Citation		82 FR 21404