82_FR_33293 82 FR 33156 - Certain Hand Dryers and Housings for Hand Dryers; Commission Determination To Review In-Part an Initial Determination Granting Complainant's Motion for Summary Determination of Section 337 Violation by the Defaulting Respondents

82 FR 33156 - Certain Hand Dryers and Housings for Hand Dryers; Commission Determination To Review In-Part an Initial Determination Granting Complainant's Motion for Summary Determination of Section 337 Violation by the Defaulting Respondents

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33156-33158
FR Document2017-15137

Notice is hereby given that the U.S. International Trade Commission has determined to review in-part an initial determination (``ID'') (Order No. 27) of the presiding administrative law judge (``ALJ'') granting Complainant's motion for summary determination of section 337 violation by Defaulting Respondents. Specifically, the Commission has determined to review the ID's analysis and findings with respect to the existence of a domestic industry. The Commission also requests written submissions, under the schedule set forth below, on remedy, the public interest, and bonding.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33156-33158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15137]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1015]


Certain Hand Dryers and Housings for Hand Dryers; Commission 
Determination To Review In-Part an Initial Determination Granting 
Complainant's Motion for Summary Determination of Section 337 Violation 
by the Defaulting Respondents

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in-part an initial determination 
(``ID'') (Order No. 27) of the presiding administrative law judge 
(``ALJ'') granting Complainant's motion for summary determination of 
section 337 violation by Defaulting Respondents. Specifically, the 
Commission has determined to review the ID's analysis and findings with 
respect to the existence of a domestic industry. The Commission also 
requests written submissions, under the schedule set forth below, on 
remedy, the public interest, and bonding.

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 this investigation 
on August 1, 2016, based on a complaint filed by Complainant Excel 
Dryer, Inc. of East Longmeadow, Massachusetts, alleging a violation of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), based upon the importation into the United States, 
or in the sale of certain hand dryers and housings for hand dryers by 
reason of trade dress infringement, the threat or effect of which is to 
destroy or substantially injure an industry in the United States. See 
81 FR 50549-50 (Aug. 1, 2016). The notice of investigation identified 
twelve respondents, namely: ACL Group (Intl.) Ltd. of Skelbrooke, 
United Kingdom (``ACL''); Alpine Industries Inc. of Irvington, New 
Jersey (``Alpine''); FactoryDirectSale of Ontario, California; Fujian 
Oryth Industrial Co., Ltd. (a/k/a Oryth) of Fujian, China (``Oryth''); 
Jinhua Kingwe Electrical Co. Ltd., (a/k/a Kingwe) of Jinhua City, China 
(``Kingwe''); Penson & Co. of Shanghai, China (``Penson''); Taizhou 
Dihour Electrical Appliances Co., Ltd., a/k/a

[[Page 33157]]

Dihour of Wenling City, China (``Dihour''); TC Bunny Co., Ltd. of 
Shanghai, China (``TC Bunny''); Toolsempire of Ontario, California; US 
Air Hand Dryer of Sacramento, California (``US Air''); Sovereign 
Industrial (Jiaxing) Co. Ltd. d/b/a Vinovo of Jiaxing, China 
(``Vinovo''); and Zhejiang Aike Appliance Co., Ltd. of Zhejiang, China 
(``Aike''). See id. In addition, the Office of Unfair Import 
Investigations is a party in this investigation. See id.
    The ALJ terminated six respondents from the investigation based on 
consent order stipulations and the entry of consent orders, namely: 
Respondent Alpine (Order No. 11 (Sept. 8, 2016), unreviewed, Comm'n 
Notice (Oct. 11, 2016)); Respondent Kingwe (Order No. 12 (Sept. 8, 
2016), unreviewed, Comm'n Notice (Oct. 11, 2016)); Respondent ACL 
(Order No. 15 (Sept. 28, 2016), unreviewed, Comm'n Notice (Oct. 27, 
2016)); Respondent Aike (Order No. 16 (Oct. 4, 2016), unreviewed, 
Comm'n Notice (Nov. 3, 2016)); Respondent Toolsempire (Order No. 18 
(Oct. 11, 2016) unreviewed, Comm'n Notice (Nov. 14, 2016)); and 
Respondent FactoryDirectSale (Order No. 19 (Oct. 11, 2016), unreviewed, 
Comm'n Notice (Nov. 14, 2016)). The ALJ found the six remaining 
respondents in default (collectively, ``the Defaulting Respondents'') 
based on their failure to respond to the complaint and notice of 
investigation, namely: Respondents Penson and Dihour (Order No. 21 
(Oct. 31, 2016), unreviewed, Comm'n Notice (Nov. 28, 2016)); and 
Respondents US Air, Oryth, TC Bunny, and Vinovo (Order No. 24 (Feb. 2, 
2017), unreviewed, Comm'n Notice (Feb. 22, 2017)).
    On March 24, 2017, Complainant Excel filed a motion for summary 
determination on domestic industry and violation of section 337 by the 
Defaulting Respondents. Complainant Excel also requested a general 
exclusion order, cease and desist orders, and a bond of 100% during 
Presidential review. On April 5, 2017, the Commission Investigative 
Attorney filed a response in support of Complainant's Motion and 
requested remedy. On June 2, 2017, the ALJ issued the subject ID/RD 
(Order No. 27) granting Complainant's motion for summary determination 
on domestic industry and violation of section 337 by the Defaulting 
Respondents and recommending that the Commission issue a general 
exclusion order and cease and desist orders, and set a bond at 100% 
during the Presidential review period. No petitions for review of the 
subject ID were filed.
    The Commission has determined to review the ID in-part. 
Specifically, the Commission has determined to review the ID's analysis 
and findings with respect to the existence of a domestic industry. The 
Commission does not request any submissions on the issue under review.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) 
(Comm'n Op.). In particular, the written submissions should address any 
request for a cease and desist order in the context of recent 
Commission opinions, including those in Certain Arrowheads with 
Deploying Blades and Components Thereof and Packaging Therefor, Inv. 
No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain Electric Skin 
Care Devices, Brushes and Chargers Therefor, and Kits Containing the 
Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). Specifically, if 
Complainant seeks a cease and desist order against a defaulting 
respondent, the written submissions should respond to the following 
requests:
    (1) Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a cease and desist order is sought. If 
Complainant also relies on other significant domestic operations that 
could undercut the remedy provided by an exclusion order, please 
identify with citations to the record such information as to each 
respondent against whom a cease and desist order is sought.
    (2) In relation to the infringing products, please identify any 
information in the record, including allegations in the pleadings, that 
addresses the existence of any domestic inventory, any domestic 
operations, or any sales-related activity directed at the United States 
for each respondent against whom a cease and desist order is sought.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the Commission investigative attorney are 
also requested to submit proposed remedial orders for the Commission's 
consideration. Complainant is also requested to state the HTSUS numbers 
under which the accused products are imported and to supply the names 
of known importers of the infringing articles.
    Written submissions must be filed no later than close of business 
on July 28, 2017. Reply submissions must be filed no later than the 
close of business on August 4, 2017. Such submissions should address 
the ALJ's recommended determinations on remedy and bonding which were 
made in Order No. 27. 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

[[Page 33158]]

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-1015'') 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 non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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 July 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-15137 Filed 7-18-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                    33156                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    indicated Woodland and Mississippian                     remains from sites 15TR17, 40SW24,                    in-part an initial determination (‘‘ID’’)
                                                    occupation. The collection is stored at                  and 40SW33 were removed is the                        (Order No. 27) of the presiding
                                                    the Webb Museum, University of                           aboriginal land of Cherokee Nation,                   administrative law judge (‘‘ALJ’’)
                                                    Kentucky, Lexington, KY. The human                       Eastern Band of Cherokee Indians, and                 granting Complainant’s motion for
                                                    remains consist of an adult probable                     United Keetoowah Band of Cherokee                     summary determination of section 337
                                                    male and an infant. No known                             Indians in Oklahoma.                                  violation by Defaulting Respondents.
                                                    individuals were identified. No                            • Pursuant to 43 CFR 10.11(c)(1), the               Specifically, the Commission has
                                                    associated funerary objects are present.                 disposition of the human remains and                  determined to review the ID’s analysis
                                                       In July of 1962, human remains                        associated funerary objects may be                    and findings with respect to the
                                                    representing, at minimum, one                            jointly to the Cherokee Nation, Eastern               existence of a domestic industry. The
                                                    individual were removed from the                         Band of Cherokee Indians, and United                  Commission also requests written
                                                    Wilson site (15TR19) in Trigg County,                    Keetoowah Band of Cherokee Indians in                 submissions, under the schedule set
                                                    KY. Rudolf Berle Clay of the University                  Oklahoma.                                             forth below, on remedy, the public
                                                    of Kentucky collected the remains from                                                                         interest, and bonding.
                                                                                                             Additional Requestors and Disposition
                                                    a sand bank. The collection is stored at                                                                       FOR FURTHER INFORMATION CONTACT:
                                                    the Webb Museum, University of                             Representatives of any Indian Tribe or              Houda Morad, Office of the General
                                                    Kentucky, Lexington, KY. The human                       Native Hawaiian organization not                      Counsel, U.S. International Trade
                                                    remains consist of an adult probable                     identified in this notice that wish to                Commission, 500 E Street SW.,
                                                    male. No known individual was                            request transfer of control of these                  Washington, DC 20436, telephone (202)
                                                    identified. No associated funerary                       human remains and associated funerary                 708–4716. Copies of non-confidential
                                                    objects are present.                                     objects should submit a written request               documents filed in connection with this
                                                       These sites were excavated as part of                 with information in support of the                    investigation are or will be available for
                                                    the U.S. Army Corps of Engineers, Lake                   request to: Dr. Valerie McCormack,                    inspection during official business
                                                    Barkley Project, by the University of                    Archaeologist, Department of Defense,                 hours (8:45 a.m. to 5:15 p.m.) in the
                                                    Kentucky and the University of                           Nashville District, Corps of Engineers,               Office of the Secretary, U.S.
                                                    Tennessee, using funds provided by the                   U.S. Army Corps of Engineers, Nashville               International Trade Commission, 500 E
                                                    National Park Service under the River                    District, 110 9th Avenue South, Room                  Street SW., Washington, DC 20436,
                                                    Basins Archaeological Salvage Program.                   A–405, Nashville, TN 37203, telephone                 telephone (202) 205–2000. General
                                                                                                             (615) 736–7847, email                                 information concerning the Commission
                                                    Determinations Made by the Nashville
                                                                                                             valerie.j.mccormack@usace.army.mil by                 may also be obtained by accessing its
                                                    District
                                                                                                             August 18, 2017. After that date, if no               Internet server at https://www.usitc.gov.
                                                       Officials of the U.S. Army Corps of                   additional requestors have come                       The public record for this investigation
                                                    Engineers, Nashville District have                       forward, transfer of control of the                   may be viewed on the Commission’s
                                                    determined that:                                         human remains and associated funerary                 electronic docket (EDIS) at https://
                                                       • Pursuant to 25 U.S.C. 3001(9), the                  objects to the Cherokee Nation, Eastern               edis.usitc.gov. Hearing-impaired
                                                    human remains described in this notice                   Band of Cherokee Indians, and United                  persons are advised that information on
                                                    are Native American based on the                         Keetoowah Band of Cherokee Indians in                 this matter can be obtained by
                                                    archeological context.                                   Oklahoma may proceed.
                                                       • Pursuant to 25 U.S.C. 3001(9), the                                                                        contacting the Commission’s TDD
                                                                                                               The U.S. Army Corps of Engineers,                   terminal on (202) 205–1810.
                                                    human remains described in this notice                   Nashville District is responsible for
                                                    represent the physical remains of 40                                                                           SUPPLEMENTARY INFORMATION: The
                                                                                                             notifying The Consulted Tribes that this              Commission instituted this investigation
                                                    individuals of Native American                           notice has been published.
                                                    ancestry.                                                                                                      on August 1, 2016, based on a complaint
                                                       • Pursuant to 25 U.S.C. 3001(3)(A),                    Dated: June 1, 2017.                                 filed by Complainant Excel Dryer, Inc.
                                                    the 131 objects described in this notice                 Melanie O’Brien,                                      of East Longmeadow, Massachusetts,
                                                    are reasonably believed to have been                     Manager, National NAGPRA Program.                     alleging a violation of section 337 of the
                                                    placed with or near individual human                     [FR Doc. 2017–15106 Filed 7–18–17; 8:45 am]           Tariff Act of 1930, as amended, 19
                                                    remains at the time of death or later as                 BILLING CODE 4312–52–P                                U.S.C. 1337 (‘‘section 337’’), based upon
                                                    part of the death rite or ceremony.                                                                            the importation into the United States,
                                                       • Pursuant to 25 U.S.C. 3001(2), a                                                                          or in the sale of certain hand dryers and
                                                    relationship of shared group identity                    INTERNATIONAL TRADE                                   housings for hand dryers by reason of
                                                    cannot be reasonably traced between the                  COMMISSION                                            trade dress infringement, the threat or
                                                    Native American human remains and                                                                              effect of which is to destroy or
                                                    associated funerary objects and any                      [Investigation No. 337–TA–1015]                       substantially injure an industry in the
                                                    present-day Indian Tribe.                                                                                      United States. See 81 FR 50549–50
                                                                                                             Certain Hand Dryers and Housings for
                                                       • According to final judgments of the                                                                       (Aug. 1, 2016). The notice of
                                                                                                             Hand Dryers; Commission                               investigation identified twelve
                                                    Indian Claims Commission or the Court
                                                                                                             Determination To Review In-Part an                    respondents, namely: ACL Group (Intl.)
                                                    of Federal Claims, the land from which
                                                                                                             Initial Determination Granting                        Ltd. of Skelbrooke, United Kingdom
                                                    the Native American human remains
                                                                                                             Complainant’s Motion for Summary                      (‘‘ACL’’); Alpine Industries Inc. of
                                                    and associated funerary objects from
                                                                                                             Determination of Section 337 Violation
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    sites 15TR19, 40SW23, and 40SW41                                                                               Irvington, New Jersey (‘‘Alpine’’);
                                                                                                             by the Defaulting Respondents                         FactoryDirectSale of Ontario, California;
                                                    were removed is the aboriginal land of
                                                    the Cherokee Nation, Eastern Band of                     AGENCY: U.S. International Trade                      Fujian Oryth Industrial Co., Ltd. (a/k/a
                                                    Cherokee Indians, and United                             Commission.                                           Oryth) of Fujian, China (‘‘Oryth’’);
                                                    Keetoowah Band of Cherokee Indians in                    ACTION: Notice.                                       Jinhua Kingwe Electrical Co. Ltd., (a/k/
                                                    Oklahoma.                                                                                                      a Kingwe) of Jinhua City, China
                                                       • Treaties, Acts of Congress, or                      SUMMARY:   Notice is hereby given that                (‘‘Kingwe’’); Penson & Co. of Shanghai,
                                                    Executive Orders, indicate that the land                 the U.S. International Trade                          China (‘‘Penson’’); Taizhou Dihour
                                                    from which the Native American human                     Commission has determined to review                   Electrical Appliances Co., Ltd., a/k/a


                                               VerDate Sep<11>2014   18:49 Jul 18, 2017   Jkt 241001   PO 00000   Frm 00117   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM   19JYN1


                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                            33157

                                                    Dihour of Wenling City, China                               The Commission has determined to                   addresses the existence of any domestic
                                                    (‘‘Dihour’’); TC Bunny Co., Ltd. of                      review the ID in-part. Specifically, the              inventory, any domestic operations, or
                                                    Shanghai, China (‘‘TC Bunny’’);                          Commission has determined to review                   any sales-related activity directed at the
                                                    Toolsempire of Ontario, California; US                   the ID’s analysis and findings with                   United States for each respondent
                                                    Air Hand Dryer of Sacramento,                            respect to the existence of a domestic                against whom a cease and desist order
                                                    California (‘‘US Air’’); Sovereign                       industry. The Commission does not                     is sought.
                                                    Industrial (Jiaxing) Co. Ltd. d/b/a                      request any submissions on the issue                     If the Commission contemplates some
                                                    Vinovo of Jiaxing, China (‘‘Vinovo’’);                   under review.                                         form of remedy, it must consider the
                                                    and Zhejiang Aike Appliance Co., Ltd.                       In connection with the final                       effects of that remedy upon the public
                                                    of Zhejiang, China (‘‘Aike’’). See id. In                disposition of this investigation, the                interest. The factors the Commission
                                                    addition, the Office of Unfair Import                    Commission may (1) issue an order that                will consider include the effect that an
                                                    Investigations is a party in this                        could result in the exclusion of the                  exclusion order and/or cease and desist
                                                    investigation. See id.                                   subject articles from entry into the                  orders would have on (1) the public
                                                       The ALJ terminated six respondents                    United States, and/or (2) issue one or                health and welfare, (2) competitive
                                                    from the investigation based on consent                  more cease and desist orders that could               conditions in the U.S. economy, (3) U.S.
                                                    order stipulations and the entry of                      result in the respondent(s) being                     production of articles that are like or
                                                    consent orders, namely: Respondent                       required to cease and desist from                     directly competitive with those that are
                                                    Alpine (Order No. 11 (Sept. 8, 2016),                    engaging in unfair acts in the                        subject to investigation, and (4) U.S.
                                                    unreviewed, Comm’n Notice (Oct. 11,                      importation and sale of such articles.                consumers. The Commission is
                                                    2016)); Respondent Kingwe (Order No.                     Accordingly, the Commission is                        therefore interested in receiving written
                                                    12 (Sept. 8, 2016), unreviewed, Comm’n                   interested in receiving written                       submissions that address the
                                                    Notice (Oct. 11, 2016)); Respondent ACL                  submissions that address the form of                  aforementioned public interest factors
                                                    (Order No. 15 (Sept. 28, 2016),                          remedy, if any, that should be ordered.               in the context of this investigation.
                                                    unreviewed, Comm’n Notice (Oct. 27,                      If a party seeks exclusion of an article                 If the Commission orders some form
                                                    2016)); Respondent Aike (Order No. 16                    from entry into the United States for                 of remedy, the U.S. Trade
                                                    (Oct. 4, 2016), unreviewed, Comm’n                       purposes other than entry for                         Representative, as delegated by the
                                                    Notice (Nov. 3, 2016)); Respondent                       consumption, the party should so                      President, has 60 days to approve or
                                                    Toolsempire (Order No. 18 (Oct. 11,                      indicate and provide information                      disapprove the Commission’s action.
                                                    2016) unreviewed, Comm’n Notice (Nov.                    establishing that activities involving                See Presidential Memorandum of July
                                                    14, 2016)); and Respondent                               other types of entry either are adversely             21, 2005, 70 FR 43251 (July 26, 2005).
                                                    FactoryDirectSale (Order No. 19 (Oct.                    affecting it or likely to do so. For                  During this period, the subject articles
                                                    11, 2016), unreviewed, Comm’n Notice                     background, see Certain Devices for                   would be entitled to enter the United
                                                    (Nov. 14, 2016)). The ALJ found the six                  Connecting Computers via Telephone                    States under bond, in an amount
                                                    remaining respondents in default                         Lines, Inv. No. 337–TA–360, USITC                     determined by the Commission and
                                                    (collectively, ‘‘the Defaulting                          Pub. No. 2843 (Dec. 1994) (Comm’n                     prescribed by the Secretary of the
                                                    Respondents’’) based on their failure to                 Op.). In particular, the written                      Treasury. The Commission is therefore
                                                    respond to the complaint and notice of                   submissions should address any request                interested in receiving submissions
                                                    investigation, namely: Respondents                       for a cease and desist order in the                   concerning the amount of the bond that
                                                    Penson and Dihour (Order No. 21 (Oct.                    context of recent Commission opinions,                should be imposed if a remedy is
                                                    31, 2016), unreviewed, Comm’n Notice                     including those in Certain Arrowheads                 ordered.
                                                    (Nov. 28, 2016)); and Respondents US                     with Deploying Blades and Components                     Written Submissions: Parties to the
                                                    Air, Oryth, TC Bunny, and Vinovo                         Thereof and Packaging Therefor, Inv.                  investigation, interested government
                                                    (Order No. 24 (Feb. 2, 2017),                            No. 337–TA–977, Comm’n Op. (Apr. 28,                  agencies, and any other interested
                                                    unreviewed, Comm’n Notice (Feb. 22,                      2017) and Certain Electric Skin Care                  parties are encouraged to file written
                                                    2017)).                                                  Devices, Brushes and Chargers Therefor,               submissions on the issues of remedy,
                                                       On March 24, 2017, Complainant                        and Kits Containing the Same, Inv. No.                the public interest, and bonding.
                                                    Excel filed a motion for summary                         337–TA–959, Comm’n Op. (Feb. 13,                      Complainant and the Commission
                                                    determination on domestic industry and                   2017). Specifically, if Complainant                   investigative attorney are also requested
                                                    violation of section 337 by the                          seeks a cease and desist order against a              to submit proposed remedial orders for
                                                    Defaulting Respondents. Complainant                      defaulting respondent, the written                    the Commission’s consideration.
                                                    Excel also requested a general exclusion                 submissions should respond to the                     Complainant is also requested to state
                                                    order, cease and desist orders, and a                    following requests:                                   the HTSUS numbers under which the
                                                    bond of 100% during Presidential                            (1) Please identify with citations to              accused products are imported and to
                                                    review. On April 5, 2017, the                            the record any information regarding                  supply the names of known importers of
                                                    Commission Investigative Attorney filed                  commercially significant inventory in                 the infringing articles.
                                                    a response in support of Complainant’s                   the United States as to each respondent                  Written submissions must be filed no
                                                    Motion and requested remedy. On June                     against whom a cease and desist order                 later than close of business on July 28,
                                                    2, 2017, the ALJ issued the subject ID/                  is sought. If Complainant also relies on              2017. Reply submissions must be filed
                                                    RD (Order No. 27) granting                               other significant domestic operations                 no later than the close of business on
                                                    Complainant’s motion for summary                         that could undercut the remedy                        August 4, 2017. Such submissions
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    determination on domestic industry and                   provided by an exclusion order, please                should address the ALJ’s recommended
                                                    violation of section 337 by the                          identify with citations to the record                 determinations on remedy and bonding
                                                    Defaulting Respondents and                               such information as to each respondent                which were made in Order No. 27. No
                                                    recommending that the Commission                         against whom a cease and desist order                 further submissions on any of these
                                                    issue a general exclusion order and                      is sought.                                            issues will be permitted unless
                                                    cease and desist orders, and set a bond                     (2) In relation to the infringing                  otherwise ordered by the Commission.
                                                    at 100% during the Presidential review                   products, please identify any                            Persons filing written submissions
                                                    period. No petitions for review of the                   information in the record, including                  must file the original document
                                                    subject ID were filed.                                   allegations in the pleadings, that                    electronically on or before the deadlines


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                                                    33158                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    stated above and submit eight (8) true                   DEPARTMENT OF JUSTICE                                    respond, including through the use of
                                                    paper copies to the Office of the                                                                                 appropriate automated, electronic,
                                                    Secretary by noon the next day pursuant                  Bureau of Alcohol, Tobacco, Firearms                     mechanical, or other technological
                                                    to section 210.4(f) of the Commission’s                  and Explosives                                           collection techniques or other forms
                                                    Rules of Practice and Procedure (19 CFR                  [OMB Number 1140–0080]                                   of information technology, e.g.,
                                                    210.4(f)). Submissions should refer to                                                                            permitting electronic submission of
                                                    the investigation number (‘‘Inv. No.                     Agency Information Collection                            responses.
                                                    337–TA–1015’’) in a prominent place on                   Activities; Proposed eCollection                         Overview of this information
                                                    the cover page and/or the first page. (See               eComments Requested; Extension                        collection:
                                                    Handbook for Electronic Filing                           Without Change of a Currently
                                                                                                                                                                      1. Type of Information Collection
                                                    Procedures, https://www.usitc.gov/                       Approved Collection; Notification of
                                                                                                                                                                   (check justification or form 83):
                                                    secretary/documents/handbook_on_                         Change of Mailing or Premise Address
                                                                                                                                                                   Extension, without change, of a
                                                    filing_procedures.pdf). Persons with                     AGENCY:  Bureau of Alcohol, Tobacco,                  currently approved collection.
                                                    questions regarding filing should                        Firearms and Explosives, Department of                   2. The Title of the Form/Collection:
                                                    contact the Secretary (202–205–2000).                    Justice.                                              Notification of Change of Mailing or
                                                       Any person desiring to submit a                       ACTION: 60-day notice.                                Premise Address.
                                                    document to the Commission in                                                                                     3. The agency form number, if any,
                                                    confidence must request confidential                     SUMMARY:   The Department of Justice
                                                                                                             (DOJ), Bureau of Alcohol, Tobacco,                    and the applicable component of the
                                                    treatment. All such requests should be                                                                         Department sponsoring the collection:
                                                                                                             Firearms and Explosives (ATF), will
                                                    directed to the Secretary to the
                                                                                                             submit the following information                         Form number (if applicable): None.
                                                    Commission and must include a full
                                                                                                             collection request to the Office of                      Component: Bureau of Alcohol,
                                                    statement of the reasons why the
                                                                                                             Management and Budget (OMB) for                       Tobacco, Firearms and Explosives, U.S.
                                                    Commission should grant such                             review and approval in accordance with
                                                    treatment. See 19 CFR 201.6. Documents                                                                         Department of Justice.
                                                                                                             the Paperwork Reduction Act of 1995.
                                                    for which confidential treatment by the                                                                           4. Affected public who will be asked
                                                                                                             DATES: Comments are encouraged and
                                                    Commission is properly sought will be                                                                          or required to respond, as well as a brief
                                                                                                             will be accepted for 60 days until
                                                    treated accordingly. All information,                                                                          abstract:
                                                                                                             September 18, 2017.
                                                    including confidential business                                                                                   Primary: Business or other for-profit
                                                                                                             FOR FURTHER INFORMATION CONTACT: If
                                                    information and documents for which
                                                                                                             you have additional comments,                            Other (if applicable): Individuals or
                                                    confidential treatment is properly
                                                                                                             particularly with respect to the                      households
                                                    sought, submitted to the Commission for                  estimated public burden or associated
                                                    purposes of this Investigation may be                                                                             Abstract: During the term of a license
                                                                                                             response time, have suggestions, need a               or permit, a licensee or permittee may
                                                    disclosed to and used: (i) By the                        copy of the proposed information
                                                    Commission, its employees and Offices,                                                                         move his business or operations to a
                                                                                                             collection instrument with instructions,              new address at which he intends to
                                                    and contract personnel (a) for                           or desire any additional information,                 regularly carry on his business or
                                                    developing or maintaining the records                    please contact Shawn Stevens, ATF                     operations, without procuring a new
                                                    of this or a related proceeding, or (b) in               Industry Liaison, Federal Explosives                  license or permit. However, in every
                                                    internal investigations, audits, reviews,                Licensing Center, either by mail at                   case, the licensee or permittee shall
                                                    and evaluations relating to the                          Federal Explosives Licensing Center,                  notify the Chief, Federal Explosives
                                                    programs, personnel, and operations of                   244 Needy Road, Martinsburg, WV                       Licensing Center of the change. This
                                                    the Commission including under 5                         25405 or by email at Shawn.Stevens@                   collection of information is contained in
                                                    U.S.C. Appendix 3; or (ii) by U.S.                       atf.gov.                                              27 CFR 555.54.
                                                    government employees and contract                        SUPPLEMENTARY INFORMATION:       Written                 5. An estimate of the total number of
                                                    personnel,1 solely for cybersecurity                     comments and suggestions from the                     respondents and the amount of time
                                                    purposes. All non-confidential written                   public and affected agencies concerning               estimated for an average respondent to
                                                    submissions will be available for public                 the proposed collection of information                respond: An estimated 1,000
                                                    inspection at the Office of the Secretary                are encouraged. Your comments should                  respondents will utilize this collection,
                                                    and on EDIS.                                             address one or more of the following                  and it will take each respondent
                                                       The authority for the Commission’s                    four points:                                          approximately 10 minutes to prepare
                                                    determination is contained in section                    —Evaluate whether the proposed                        the required response to this collection.
                                                    337 of the Tariff Act of 1930, as                          collection of information is necessary
                                                                                                               for the proper performance of the                      6. An estimate of the total public
                                                    amended (19 U.S.C. 1337), and in part                                                                          burden (in hours) associated with the
                                                    210 of the Commission’s Rules of                           functions of the agency, including
                                                                                                               whether the information will have                   collection: The estimated annual public
                                                    Practice and Procedure (19 CFR part                                                                            burden associated with this collection is
                                                                                                               practical utility;
                                                    210).                                                                                                          170 hours which is equal to 1000 (the
                                                                                                             —Evaluate the accuracy of the agency’s
                                                      By order of the Commission.                              estimate of the burden of the                       total # of respondents) * .17 (10
                                                                                                                                                                   minutes).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      Issued July 14, 2017.                                    proposed collection of information,
                                                    Lisa R. Barton,                                            including the validity of the                          If additional information is required
                                                    Secretary to the Commission.
                                                                                                               methodology and assumptions used;                   contact: Melody Braswell, Department
                                                                                                             —Evaluate whether and if so how the                   Clearance Officer, United States
                                                    [FR Doc. 2017–15137 Filed 7–18–17; 8:45 am]
                                                                                                               quality, utility, and clarity of the                Department of Justice, Justice
                                                    BILLING CODE 7020–02–P                                     information to be collected can be                  Management Division, Policy and
                                                                                                               enhanced; and                                       Planning Staff, Two Constitution
                                                      1 All contract personnel will sign appropriate         —Minimize the burden of the collection                Square, 145 N Street NE., 3E.405A,
                                                    nondisclosure agreements.                                  of information on those who are to                  Washington, DC 20530.


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Document Created: 2017-07-19 06:17:14
Document Modified: 2017-07-19 06:17:14
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.
ContactHouda 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 Citation82 FR 33156 

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