82_FR_31478 82 FR 31350 - Certain Motorized Self-Balancing Vehicles; Supplemental Notice of Request for Statements on the Public Interest

82 FR 31350 - Certain Motorized Self-Balancing Vehicles; Supplemental Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range31350-31351
FR Document2017-14197

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a Final Initial Determination on Violation of Section 337 and 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 should the Commission find a violation of section 337, as amended. The ALJ recommended a limited exclusion order directed against certain motorized self-balancing vehicles imported by the sixteen defaulting respondents, and cease and desist orders directed against these respondents. This supplemental notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to applicable Federal regulations.

Federal Register, Volume 82 Issue 128 (Thursday, July 6, 2017)
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31350-31351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14197]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1000]


Certain Motorized Self-Balancing Vehicles; Supplemental Notice of 
Request for Statements on the Public Interest

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a Final Initial Determination on Violation 
of Section 337 and 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 
should the Commission find a violation of section 337, as amended. The 
ALJ recommended a limited exclusion order directed against certain 
motorized self-balancing vehicles imported by the sixteen defaulting 
respondents, and cease and desist orders directed against these 
respondents. This supplemental notice is soliciting public interest 
comments from the public only. Parties are to file public interest 
submissions pursuant to applicable Federal regulations.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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: Section 337 of the Tariff Act of 1930 (19 
U.S.C. 1337(d)(1)) provides that if the Commission finds a violation it 
shall exclude the articles concerned from the United States:

. . . [U]nless, after considering the effect of such exclusion upon 
the public health and welfare, competition conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States consumers, it finds that such articles 
should not be excluded from entry.

A similar provision applies to cease and desist orders (see 19 U.S.C. 
1337(f)(1)).
    The Commission is interested in further development of the record 
on the public interest in its investigations. Accordingly, members of 
the public are invited to file 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 May 26, 2017. 
Comments should address whether issuance of an exclusion order and/or 
cease and desist orders in this investigation could 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 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) indicate the extent to which like or directly competitive 
articles are produced in the United States or are

[[Page 31351]]

otherwise available in the United States, with respect to the articles 
potentially subject to the recommended orders;
    (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 orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    The deadline for filing written submissions has been extended to 
the close of business on July 14, 2017.
    Persons filing written submissions must file the original document 
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 Commission Rule 210.4(f), 19 CFR 210.4(f). Submissions 
should refer to the investigation number (``Inv. No. 337-TA-1000'') in 
a prominent place on the cover page and/or the first page. (See 
Handbook for Electronic Filing Procedures, http://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 (or portion thereof) to 
the Commission in confidence must request confidential treatment unless 
the information has already been granted such treatment during the 
proceedings. All such requests should be directed to the Secretary of 
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 sought will be 
treated accordingly. A redacted non-confidential version of the 
document must also be filed simultaneously with any confidential 
filing. All non-confidential written submissions will be available for 
public inspection at the Office of the Secretary and on EDIS.
    This action is taken under authority of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, and part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: June 30, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-14197 Filed 7-5-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                31350                           Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices

                                                prescribed by the Secretary of the                       internal investigations, audits, reviews,             Washington, DC 20436, telephone (202)
                                                Treasury.                                                and evaluations relating to the                       708–2310. Copies of non-confidential
                                                   Written Submissions: Parties to the                   programs, personnel, and operations of                documents filed in connection with this
                                                investigation, interested government                     the Commission including under 5                      investigation are or will be available for
                                                agencies, and any other interested                       U.S.C. Appendix 3; or (ii) by U.S.                    inspection during official business
                                                parties are encouraged to file written                   government employees and contract                     hours (8:45 a.m. to 5:15 p.m.) in the
                                                submissions on the issues of remedy,                     personnel, solely for cybersecurity                   Office of the Secretary, U.S.
                                                the public interest and bonding.                         purposes. All contract personnel will                 International Trade Commission, 500 E
                                                Complainants and the Commission                          sign appropriate nondisclosure                        Street SW., Washington, DC 20436,
                                                investigative attorney (‘‘IA’’) are also                 agreements. All non-confidential                      telephone (202) 205–2000. General
                                                requested to submit proposed remedial                    written submissions will be available for             information concerning the Commission
                                                orders for the Commission’s                              public inspection at the Office of the                may also be obtained by accessing its
                                                consideration.                                           Secretary and on EDIS.                                Internet server at https://www.usitc.gov.
                                                   Complainants are further requested to                   The authority for the Commission’s                  The public record for this investigation
                                                provide the expiration date of the ‘921                  determination is contained in section                 may be viewed on the Commission’s
                                                and ‘732 patents, the HTSUS numbers                      337 of the Tariff Act of 1930, as                     electronic docket (EDIS) at https://
                                                under which the accused articles are                     amended, 19 U.S.C. 1337, and in part                  edis.usitc.gov. Hearing-impaired
                                                imported, and the identities of any                      210 of the Commission’s Rules of                      persons are advised that information on
                                                known importers of the accused                           Practice and Procedure, 19 CFR part                   this matter can be obtained by
                                                products. The written submissions and                    210.                                                  contacting the Commission’s TDD
                                                proposed remedial orders must be filed                                                                         terminal on (202) 205–1810.
                                                                                                           By order of the Commission.
                                                no later than the close of business on
                                                                                                           Issued: June 30, 2017.                              SUPPLEMENTARY INFORMATION: Section
                                                July 14, 2017. Reply submissions must
                                                be filed no later than the close of                      Katherine M. Hiner,                                   337 of the Tariff Act of 1930 (19 U.S.C.
                                                business on July 21, 2017. No further                    Supervisory Attorney.                                 1337(d)(1)) provides that if the
                                                submissions on these issues will be                      [FR Doc. 2017–14194 Filed 7–5–17; 8:45 am]            Commission finds a violation it shall
                                                permitted unless otherwise ordered by                    BILLING CODE 7020–02–P
                                                                                                                                                               exclude the articles concerned from the
                                                the Commission.                                                                                                United States:
                                                   Persons filing written submissions                                                                          . . . [U]nless, after considering the effect of
                                                must file the original document                          INTERNATIONAL TRADE                                   such exclusion upon the public health and
                                                electronically on or before the deadlines                COMMISSION                                            welfare, competition conditions in the
                                                stated above and submit 8 true paper                                                                           United States economy, the production of
                                                                                                         [Investigation No. 337–TA–1000]                       like or directly competitive articles in the
                                                copies to the Office of the Secretary by
                                                                                                                                                               United States consumers, it finds that such
                                                noon the next day pursuant to section                    Certain Motorized Self-Balancing                      articles should not be excluded from entry.
                                                210.4(f) of the Commission’s Rules of                    Vehicles; Supplemental Notice of
                                                Practice and Procedure (19 CFR                           Request for Statements on the Public                  A similar provision applies to cease and
                                                210.4(f)). Submissions should refer to                   Interest                                              desist orders (see 19 U.S.C. 1337(f)(1)).
                                                the investigation number (‘‘Inv. No.                                                                              The Commission is interested in
                                                337–TA–1048’’) in a prominent place on                   AGENCY: International Trade                           further development of the record on
                                                the cover page and/or the first page. (See               Commission.                                           the public interest in its investigations.
                                                Handbook for Electronic Filing                           ACTION: Notice.                                       Accordingly, members of the public are
                                                Procedures, http://www.usitc.gov/                                                                              invited to file submissions of no more
                                                                                                         SUMMARY:    Notice is hereby given that               than five (5) pages, inclusive of
                                                secretary/fed_reg_notices/rules/
                                                                                                         the presiding administrative law judge                attachments, concerning the public
                                                handbook_on_electronicfiling.pdf).
                                                                                                         (‘‘ALJ’’) has issued a Final Initial                  interest in light of the administrative
                                                Persons with questions regarding filing
                                                                                                         Determination on Violation of Section                 law judge’s Recommended
                                                should contact the Secretary (202–205–
                                                2000).                                                   337 and Recommended Determination                     Determination on Remedy and Bonding
                                                   Any person desiring to submit a                       on Remedy and Bonding in the above-                   issued in this investigation on May 26,
                                                document to the Commission in                            captioned investigation. The                          2017. Comments should address
                                                confidence must request confidential                     Commission is soliciting comments on                  whether issuance of an exclusion order
                                                treatment. All such requests should be                   public interest issues raised by the                  and/or cease and desist orders in this
                                                directed to the Secretary to the                         recommended relief should the                         investigation could affect the public
                                                Commission and must include a full                       Commission find a violation of section                health and welfare in the United States,
                                                statement of the reasons why the                         337, as amended. The ALJ                              competitive conditions in the United
                                                Commission should grant such                             recommended a limited exclusion order                 States economy, the production of like
                                                treatment. See 19 CFR 201.6. Documents                   directed against certain motorized self-              or directly competitive articles in the
                                                for which confidential treatment by the                  balancing vehicles imported by the                    United States, or United States
                                                Commission is properly sought will be                    sixteen defaulting respondents, and                   consumers.
                                                treated accordingly. All information,                    cease and desist orders directed against                 In particular, the Commission is
                                                including confidential business                          these respondents. This supplemental                  interested in comments that:
                                                information and documents for which                      notice is soliciting public interest                     (i) Explain how the articles
                                                confidential treatment is properly                       comments from the public only. Parties                potentially subject to the recommended
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                                                sought, submitted to the Commission for                  are to file public interest submissions               orders are used in the United States;
                                                purposes of this Investigation may be                    pursuant to applicable Federal                           (ii) identify any public health, safety,
                                                disclosed to and used: (i) By the                        regulations.                                          or welfare concerns in the United States
                                                Commission, its employees and Offices,                   FOR FURTHER INFORMATION CONTACT:                      relating to the recommended orders;
                                                and contract personnel (a) for                           Clint A. Gerdine, Office of the General                  (iii) indicate the extent to which like
                                                developing or maintaining the records                    Counsel, U.S. International Trade                     or directly competitive articles are
                                                of this or a related proceeding, or (b) in               Commission, 500 E Street SW.,                         produced in the United States or are


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                                                                                Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices                                             31351

                                                otherwise available in the United States,                DEPARTMENT OF JUSTICE                                 the Wisconsin Department of Natural
                                                with respect to the articles potentially                                                                       Resources (collectively, the ‘‘Trustees’’).
                                                subject to the recommended orders;                       Notice of Lodging of Proposed                            Under the proposed Consent Decree,
                                                   (iv) indicate whether Complainant,                    Consent Decree Under the                              the Defendants will pay $8.2 million of
                                                Complainant’s licensees, and/or third                    Comprehensive Environmental                           which $6,476,742 will fund Trustee-
                                                party suppliers have the capacity to                     Response, Compensation, and Liability
                                                                                                                                                               sponsored natural resource restoration
                                                replace the volume of articles                           Act and Notice of Availability and
                                                                                                                                                               projects in accordance with the RP/EA
                                                potentially subject to the recommended                   Request for Comments on Draft
                                                                                                                                                               and $1,723,258 will provide
                                                orders within a commercially                             Restoration Plan and Environmental
                                                                                                                                                               reimbursement for costs incurred by the
                                                reasonable time; and                                     Assessment
                                                                                                                                                               Trustees in assessing the scope of
                                                   (v) explain how the recommended                          On June 29, 2017, the Department of                natural resource damages. The RP/EA
                                                orders would impact consumers in the                     Justice lodged a proposed Consent                     presents the restoration projects
                                                United States.                                           Decree and Draft Restoration Plan/                    proposed by the Trustees to restore
                                                   The deadline for filing written                       Environmental Assessment (‘‘RP/EA’’)                  natural resources injured by hazardous
                                                submissions has been extended to the                     with the United States District Court for             substances released in and around the
                                                close of business on July 14, 2017.                      the District of Minnesota in the lawsuit              SLRIDT site.
                                                   Persons filing written submissions                    entitled United States, Minnesota, and                   Consistent with the natural resource
                                                must file the original document                          Wisconsin v. XIK, LLC; Honeywell                      damages assessment and restoration
                                                electronically on or before the deadlines                International, Inc.; and Domtar, Inc.,                (‘‘NRDAR’’) regulations, 43 CFR part 11,
                                                stated above and submit 8 true paper                     Civil Action No. 017–cv–02368.                        and the National Environmental Policy
                                                copies to the Office of the Secretary by                    The proposed Consent Decree will                   Act of 1969 (‘‘NEPA’’), as amended, 42
                                                noon the next day pursuant to                            resolve a claim for natural resource                  U.S.C. 4321–4347 et seq., and its
                                                Commission Rule 210.4(f), 19 CFR                         damages at the St. Louis River/Interlake/             implementing regulations at 40 CFR
                                                210.4(f). Submissions should refer to the                Duluth Tar (‘‘SLRIDT’’) Superfund Site                parts 1500–1508, the Trustees evaluated
                                                investigation number (‘‘Inv. No. 337–                    brought by the governments under the                  a suite of five alternatives for
                                                TA–1000’’) in a prominent place on the                   Comprehensive Environmental                           conducting the type and scale of
                                                cover page and/or the first page. (See                   Response, Compensation, and Liability                 restoration sufficient to compensate the
                                                Handbook for Electronic Filing                           Act (‘‘CERCLA’’), 42 U.S.C. 9607. The                 public for natural resource injuries and
                                                Procedures, http://www.usitc.gov/                        SLRIDT Site consists of 255 acres of                  service losses. Based on selection factors
                                                secretary/fed_reg_notices/rules/                         land and river embayments located                     including location, technical feasibility,
                                                handbook_on_electronic_filing.pdf).                      primarily in Duluth, Minnesota, and                   cost effectiveness, provision of natural
                                                Persons with questions regarding filing                  extends into the St. Louis River. The                 resource services similar to those lost
                                                should contact the Secretary (202–205–                   filed complaint alleges that the three                due to contamination, and net
                                                2000).                                                   Defendants are liable under CERCLA for                environmental consequences, the
                                                                                                         industrial discharges of polycyclic                   Trustees identified a preferred
                                                   Any person desiring to submit a
                                                                                                         aromatic hydrocarbons (‘‘PAHs’’) at the               alternative.
                                                document (or portion thereof) to the
                                                Commission in confidence must request                    SLRIDT Site during the first half of the                 Under the preferred alternative, the
                                                confidential treatment unless the                        20th Century. PAHs were identified in                 Trustees would conduct enhancement/
                                                information has already been granted                     river sediments throughout the Site in                restoration of shallow sheltered
                                                such treatment during the proceedings.                   sufficient concentrations to cause injury             embayment at Kingsbury Bay, which
                                                All such requests should be directed to                  to many types of natural resources,                   includes recreational access and
                                                the Secretary of the Commission and                      including vegetation, fish and birds. In              cultural education opportunities;
                                                must include a full statement of the                     addition, PAH-contaminated natural                    implement watershed protection at
                                                reasons why the Commission should                        resources resulted in the loss of                     Kingsbury Creek; and restore wild rice
                                                grant such treatment. See 19 CFR 201.6.                  recreational fishing and tribal use                   in the St. Louis River estuary.
                                                Documents for which confidential                         services.                                                The publication of this notice opens
                                                treatment by the Commission is sought                       Under CERCLA, federal, state, and                  a period for public comment on the
                                                will be treated accordingly. A redacted                  tribal natural resource trustees have                 Consent Decree and RP/EA.
                                                non-confidential version of the                          authority to seek compensation for
                                                                                                                                                                  Comments on the Consent Decree
                                                document must also be filed                              natural resources harmed by hazardous
                                                                                                                                                               should be addressed to the Assistant
                                                simultaneously with any confidential                     industrial waste and by-products
                                                                                                                                                               Attorney General, Environment and
                                                filing. All non-confidential written                     discharged into the St. Louis River. The
                                                                                                                                                               Natural Resources Division, and should
                                                submissions will be available for public                 natural resource trustees here include
                                                                                                                                                               refer to United States Minnesota, and
                                                inspection at the Office of the Secretary                the U.S. Department of the Interior,
                                                                                                                                                               Wisconsin v. XIK, LLC; Honeywell
                                                and on EDIS.                                             acting through the U.S. Fish and
                                                                                                                                                               International, Inc.; and Domtar, Inc.,
                                                   This action is taken under authority of               Wildlife Service and the Bureau of
                                                                                                                                                               D.J. Ref. No. 90–11–3–07875. All
                                                section 337 of the Tariff Act of 1930, as                Indian Affairs; the U.S. Department of
                                                                                                                                                               comments on the Consent Decree must
                                                amended, 19 U.S.C. 1337, and part 210                    Commerce, acting through the National
                                                                                                                                                               be submitted no later than thirty (30)
                                                of the Commission’s Rules of Practice                    Oceanic and Atmospheric
                                                                                                                                                               days after the publication date of this
                                                                                                         Administration; the Fond du Lac Band
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                                                and Procedure (19 CFR part 210).                                                                               notice. Comments may be submitted
                                                                                                         of Lake Superior Chippewa; the 1854
                                                  By order of the Commission.                                                                                  either by email or by mail:
                                                                                                         Treaty Authority, representing the
                                                  Issued: June 30, 2017.                                 Grand Portage Band of Lake Superior
                                                Katherine M. Hiner,                                                                                            To submit
                                                                                                         Chippewa and the Bois Forte Band of                                      Send them to:
                                                                                                                                                               comments:
                                                Supervisory Attorney.                                    Chippewa; the Minnesota Pollution
                                                [FR Doc. 2017–14197 Filed 7–5–17; 8:45 am]               Control Agency; the Minnesota                         By email .......   pubcomment-ees.enrd@
                                                BILLING CODE 7020–02–P                                   Department of Natural Resources; and                                       usdoj.gov.



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Document Created: 2017-07-06 01:05:09
Document Modified: 2017-07-06 01:05:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactClint A. Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. 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 Citation82 FR 31350 

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