82_FR_3364 82 FR 3357 - Notice of Publication of Petitions for Duty Suspensions and Reductions and Opportunity To Comment on Petitions

82 FR 3357 - Notice of Publication of Petitions for Duty Suspensions and Reductions and Opportunity To Comment on Petitions

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 7 (January 11, 2017)

Page Range3357-3359
FR Document2017-00062

As required by the American Manufacturing Competitiveness Act of 2016, the Commission has published on its Web site the petitions for duty suspensions and reductions that were timely filed and contain the required information, and the Commission is requesting members of the public to submit comments to the Commission on the petitions published no later than the close of business February 24, 2017.

Federal Register, Volume 82 Issue 7 (Wednesday, January 11, 2017)
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3357-3359]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00062]


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INTERNATIONAL TRADE COMMISSION


Notice of Publication of Petitions for Duty Suspensions and 
Reductions and Opportunity To Comment on Petitions

AGENCY: United States International Trade Commission.

ACTION: Notice of publication on the Commission's Web site of petitions 
for duty suspensions and reductions and request for comments on the 
petitions filed.

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SUMMARY: As required by the American Manufacturing Competitiveness Act 
of 2016, the Commission has published on its Web site the petitions for 
duty suspensions and reductions that were timely filed and contain the 
required information, and the Commission is requesting members of the 
public to submit comments to the Commission on the petitions published 
no later than the close of business February 24, 2017.

DATES: January 11, 2017: Date of publication on the Commission's Web 
site of petitions for duty suspensions and reductions and opening date 
for filing comments concerning those petitions. February 24, 2017, 5:15 
p.m., EST: Closing date and time for the submission of comments 
concerning the petitions for duty suspensions and reductions published 
on the Commission's Web site. Comments must be submitted in electronic 
form via the Commission's secure web portal. The Commission will not 
accept comments submitted in paper or in any other form or format.

ADDRESSES: All Commission offices are located in the United States 
International Trade Commission Building, 500 E Street SW., Washington, 
DC. The public file for this proceeding may be viewed on the 
Commission's Miscellaneous Tariff Bill Petition System (MTBPS) at 
https://www.usitc.gov/mtbps.

FOR FURTHER INFORMATION CONTACT: For general inquiries, contact 
Jennifer Rohrbach at mtbinfo@usitc.gov. For filing inquiries, contact 
the Office of Secretary, Docket Services division, U.S. International 
Trade Commission, telephone (202) 205-3238.
    The media should contact Peg O'Laughlin, Public Affairs Officer 
(202-205-1819 or margaret.olaughlin@usitc.gov). General information 
concerning the Commission may be obtained by accessing its internet 
server (https://www.usitc.gov).
    Background: The American Manufacturing Competitiveness Act of 2016 
(the Act), (Public Law 114-159, May 20, 2016), 19 U.S.C. 1332 note, 
establishes a new process for the submission and consideration of 
requests for temporary duty suspensions and reductions. Section 3(b)(1) 
of the Act requires that the Commission initiate the process by 
publishing a notice requesting members of the public who can 
demonstrate that they are likely beneficiaries of duty suspensions or 
reductions to submit petitions and Commission disclosure forms to the 
Commission. As required by the Act, the Commission published that 
notice in the Federal Register on October 14, 2016 (81 FR 71114), with 
all such petitions to be submitted no later than the close of business 
on December 12, 2016. Section 3(b)(3)(A) of the Act requires that the 
Commission, no later than 30 days after the expiration of the period 
for filing petitions, that is, by January 11, 2017, publish on its Web 
site the petitions received that contain the information required by 
the Act. Section 3(b)(3)(B) of the Act requires that the Commission, at 
the same time, publish a notice requesting members of the public to 
submit comments to the Commission on the petitions published. Such 
comments must be submitted to

[[Page 3358]]

the Commission during the 45-day period beginning on the date of 
publication of the notice--in this case, by February 24, 2017.
    Following conclusion of the period for filing comments, the 
Commission will, as required by sections 3(b)(3)(C) and (E) of the Act, 
submit preliminary and final reports to the House Committee on Ways and 
Means and the Senate Committee on Finance (Committees) on the petitions 
received. The Commission will submit its reports in June and August 
2017, respectively. The reports are to include the Commission's 
analysis and recommendations regarding the petitions, including whether 
there is domestic production of the article, whether the estimated loss 
in revenues due to the duty suspension or reduction does not exceed 
$500,000, and whether the duty suspension or reduction will be 
available to any person importing the article. The Commission is 
required to classify the petitions into categories based on whether (1) 
the petition meets the requirements for inclusion in a miscellaneous 
tariff bill; (2) the Commission recommends inclusion in such a bill 
with specified technical changes, changes in product scope, or 
adjustment in the amount of duty reduction; (3) the Commission 
recommends against inclusion in a bill because the petition does not 
meet the petitioning requirements or the petitioner is not a likely 
beneficiary; and (4) the Commission otherwise recommends not including 
the petition. The Committees and the Congress will make the final 
decision regarding the imported articles to be included in a bill.
    Section 3(c) of the Act also requires the U.S. Department of 
Commerce (Commerce), with input from U.S. Customs and Border Protection 
(CBP) and other Federal agencies, to submit a report to the Commission 
and to the Committees. This report is to include information related to 
domestic production and technical changes that are necessary for 
purposes of administration when articles are presented for importation.
    Procedures for filing a Comment: The Commission has promulgated 
rules of practice and procedure that address, inter alia, the 
submission of comments on the petitions filed. The rules, in the form 
of an interim rule, are published at 19 CFR part 220 (81 FR 67144, 
Sept. 30, 2016)--see in particular 19 CFR 220.10. The rules are also 
posted on the Commission's Web site along with other materials, 
including a handbook, designed to assist the public in filing petitions 
and comments--see https://www.usitc.gov/mtbps.
    Who may file. Comments may be filed by any member of the public. 
The Commission is particularly interested in receiving comments from 
domestic producers with respect to whether they produce an article that 
is identical to, like, or directly competitive with an article that is 
the subject of a petition for a duty suspension or reduction, and if 
they do, whether they object to such a duty suspension or reduction. 
The Commission is also interested in receiving comments from 
individuals and entities who believe they would be a likely beneficiary 
of a particular duty suspension or reduction, or who, having been named 
in the petition or another comment as a likely beneficiary, wish to 
state that they would not be a likely beneficiary of a particular duty 
suspension or reduction. The statute defines ``likely beneficiary'' to 
mean ``an individual or entity likely to utilize, or benefit directly 
from the utilization of, an article that is the subject of a petition 
for a duty suspension or reduction.''
    Petitioning parties may also submit comments. However, any such 
comments must not amend or seek to amend a petition that the submitter 
previously filed, and the Commission will not consider any comments 
from a petitioner to such effect.
    Method for filing. Comments concerning petitions for duty 
suspensions and reductions may be filed only electronically via the 
Commission's designated secure MTBPS web portal and in the format 
designated by the Commission in that portal. The portal may be accessed 
through the Commission's Web site at https://www.usitc.gov under 
``Miscellaneous Tariff Bill Information.'' The portal contains a series 
of prompts and links that will assist persons in providing the required 
information. The Commission will not accept comments submitted in paper 
or in any other form or format. Comments must contain all information 
required in the portal in order to be considered properly filed. 
Comments, including any attachments thereto, must otherwise comply with 
the Commission's rules and Handbook on MTB Filing Procedures. Persons 
seeking to comment on more than one petition must submit a separate 
comment for each petition.
    Persons filing comments should be aware that they must be prepared 
to complete their entire comment when they enter the portal. The portal 
will not allow them to edit, amend, or complete the comment at a later 
time. Accordingly, they should have all the information in hand that 
they will need to complete their comment at the time they enter the 
portal. The types of information that a person submitting a comment may 
need are listed in the Commission's Before You File a Comment guide, 
which is also located on the Commission's Web site at https://www.usitc.gov/mtbps.
    Time for filing. To be considered, comments must be filed no 
earlier than the publication date of this notice in the Federal 
Register and no later than the close of business (5:15 p.m. EST) on 
February 24, 2017. The Commission will not accept comments filed after 
that time and date.
    Amendment and withdrawal of comments. The Commission's secure web 
portal will not allow a person who has formally submitted a comment to 
amend that comment. Instead, that person must withdraw the original 
comment and file a new comment that incorporates the changes. The new 
comment must be filed within the 45-day period designated for 
submitting comments (i.e., before 5:15 p.m. EST on February 24, 2017). 
Comments may not be withdrawn or amended after the close of the 45-day 
period for filing comments.
    Comments containing confidential business information. The portal 
will permit persons submitting comments to claim that certain 
information should be treated either as confidential business 
information or as information protected from disclosure under the 
Privacy Act. However, because of the portal's design, the portal 
instructs that such information not be included in attachments to 
comments. Persons who include confidential business information and 
information protected under the Privacy Act in attachments to their 
comments will be presumed to have waived any privilege and the 
information will be disclosed to the public when the comments and 
attachments are posted on the Commission's Web site. See further 
information below on possible disclosure of confidential business 
information.
    Confidential Business Information. The Commission will not release 
information which the Commission considers to be confidential business 
information within the meaning of Sec.  201.6(a) of its Rules of 
Practice and Procedure (19 CFR 201.6) unless the party submitting the 
confidential business information had notice, at the time of 
submission, that such information would be released by the Commission, 
or such party subsequently consents to the release of the information.

[[Page 3359]]

    Confidential business information submitted to the Commission in 
comments may be disclosed to and/or used by (1) the Commission in 
calculating the estimated revenue loss required under the Act, which 
may be based in whole or in part on the estimated values of imports 
submitted in comments (as well as by petitioners in their petitions); 
or (2) the Commission, its employees, and contract personnel (a) in 
processing petitions and comments and preparing reports under the 
American Manufacturing Competitiveness Act of 2016 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 (3) Commerce for use in preparing its report to 
the Commission and the Committees, and the U.S. Department of 
Agriculture and CBP for use in providing information for that report; 
or (4) U.S. government employees and contract personnel, solely for 
cybersecurity purposes, subject to the requirement that all contract 
personnel will sign appropriate nondisclosure agreements.

    By order of the Commission.

    Issued: January 3, 2017.
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2017-00062 Filed 1-10-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                            Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices                                             3357

                                                FOR FURTHER INFORMATION CONTACT:                        (Order No. 10) granting the Joint                      petitions. February 24, 2017, 5:15 p.m.,
                                                Houda Morad, Office of the General                      Motion. As noted in the ID, the Private                EST: Closing date and time for the
                                                Counsel, U.S. International Trade                       Parties ‘‘state[d] that ‘there are no other            submission of comments concerning the
                                                Commission, 500 E Street SW.,                           agreements, written or oral, express or                petitions for duty suspensions and
                                                Washington, DC 20436, telephone (202)                   implied between Complainants and                       reductions published on the
                                                708–4716. Copies of non-confidential                    Respondents concerning the subject                     Commission’s Web site. Comments must
                                                documents filed in connection with this                 matter of this Investigation’ other than               be submitted in electronic form via the
                                                investigation are or will be available for              the documents submitted with the Joint                 Commission’s secure web portal. The
                                                inspection during official business                     Motion.’’ See ID at 1–2. The ALJ further               Commission will not accept comments
                                                hours (8:45 a.m. to 5:15 p.m.) in the                   noted that the Private ‘‘Parties have                  submitted in paper or in any other form
                                                Office of the Secretary, U.S.                           attached both public and confidential                  or format.
                                                International Trade Commission, 500 E                   versions of their Settlement Agreement’’               ADDRESSES: All Commission offices are
                                                Street SW., Washington, DC 20436,                       to the Joint Motion. See id. at 4. The ALJ             located in the United States
                                                telephone (202) 205–2000. General                       also considered the public interest                    International Trade Commission
                                                information concerning the Commission                   under Commission Rule 210.50(b)(2), 19                 Building, 500 E Street SW., Washington,
                                                may also be obtained by accessing its                   CFR 210.50(b)(2) and determined that                   DC. The public file for this proceeding
                                                Internet server at https://www.usitc.gov.               termination was not contrary to the                    may be viewed on the Commission’s
                                                The public record for this investigation                public interest. See id.                               Miscellaneous Tariff Bill Petition
                                                may be viewed on the Commission’s                          No party has filed a petition for                   System (MTBPS) at https://
                                                electronic docket (EDIS) at https://                    review of the subject ID.                              www.usitc.gov/mtbps.
                                                edis.usitc.gov. Hearing-impaired                           The Commission has determined not
                                                                                                        to review the subject ID. The                          FOR FURTHER INFORMATION CONTACT: For
                                                persons are advised that information on                                                                        general inquiries, contact Jennifer
                                                this matter can be obtained by                          investigation is terminated.
                                                                                                           The authority for the Commission’s                  Rohrbach at mtbinfo@usitc.gov. For
                                                contacting the Commission’s TDD                                                                                filing inquiries, contact the Office of
                                                                                                        determination is contained in section
                                                terminal on (202) 205–1810.                                                                                    Secretary, Docket Services division, U.S.
                                                                                                        337 of the Tariff Act of 1930, as
                                                SUPPLEMENTARY INFORMATION: The                          amended (19 U.S.C. 1337), and in part                  International Trade Commission,
                                                Commission instituted Investigation No.                 210 of the Commission’s Rules of                       telephone (202) 205–3238.
                                                337–TA–1013 on July 27, 2016, based                     Practice and Procedure (19 CFR part                       The media should contact Peg
                                                on a complaint filed by Complainants                    210).                                                  O’Laughlin, Public Affairs Officer (202–
                                                Lehigh Valley Technologies, Inc. of                                                                            205–1819 or margaret.olaughlin@
                                                Allentown, Pennsylvania; Endo Global                      By order of the Commission.
                                                                                                                                                               usitc.gov). General information
                                                Ventures of Hamilton, Bermuda; Endo                       Issued: January 6, 2017.                             concerning the Commission may be
                                                Ventures Limited, of Dublin, Ireland;                   Lisa R. Barton,                                        obtained by accessing its internet server
                                                and Generics Bidco I, LLC (d/b/a                        Secretary to the Commission.                           (https://www.usitc.gov).
                                                Qualitest Pharmaceuticals and Par                       [FR Doc. 2017–00424 Filed 1–10–17; 8:45 am]               Background: The American
                                                Pharmaceutical) of Huntsville, Alabama                  BILLING CODE 7020–02–P                                 Manufacturing Competitiveness Act of
                                                (collectively, ‘‘Complainants’’). See 81                                                                       2016 (the Act), (Public Law 114–159,
                                                FR 49263 (July 27, 2016). The complaint                                                                        May 20, 2016), 19 U.S.C. 1332 note,
                                                alleges violations of section 337 of the                INTERNATIONAL TRADE                                    establishes a new process for the
                                                Tariff Act of 1930, as amended (19                      COMMISSION                                             submission and consideration of
                                                U.S.C. 1337), based upon the                                                                                   requests for temporary duty suspensions
                                                importation into the United States, or                  Notice of Publication of Petitions for                 and reductions. Section 3(b)(1) of the
                                                the sale of certain potassium chloride                  Duty Suspensions and Reductions and                    Act requires that the Commission
                                                powder products by reason of false                      Opportunity To Comment on Petitions                    initiate the process by publishing a
                                                advertising, the threat or effect of which              AGENCY:  United States International                   notice requesting members of the public
                                                is to destroy or substantially injure an                Trade Commission.                                      who can demonstrate that they are
                                                industry in the United States. See id.                  ACTION: Notice of publication on the                   likely beneficiaries of duty suspensions
                                                The notice of investigation identified                  Commission’s Web site of petitions for                 or reductions to submit petitions and
                                                Viva Pharmaceutical Inc. of Richmond,                   duty suspensions and reductions and                    Commission disclosure forms to the
                                                British Columbia, Canada; Virtus                        request for comments on the petitions                  Commission. As required by the Act, the
                                                Pharmaceuticals, LLC of Tampa,                          filed.                                                 Commission published that notice in
                                                Florida; and Virtus Pharmaceuticals                                                                            the Federal Register on October 14,
                                                OPCO II, LLC, of Nashville, Tennessee                   SUMMARY:    As required by the American                2016 (81 FR 71114), with all such
                                                (collectively, ‘‘Respondents’’) as                      Manufacturing Competitiveness Act of                   petitions to be submitted no later than
                                                respondents in this investigation. See                  2016, the Commission has published on                  the close of business on December 12,
                                                id. The Office of Unfair Import                         its Web site the petitions for duty                    2016. Section 3(b)(3)(A) of the Act
                                                Investigations is also a party to this                  suspensions and reductions that were                   requires that the Commission, no later
                                                investigation. See id.                                  timely filed and contain the required                  than 30 days after the expiration of the
                                                   On November 18, 2016, Complainants                   information, and the Commission is                     period for filing petitions, that is, by
                                                and Respondents (collectively, ‘‘the                    requesting members of the public to                    January 11, 2017, publish on its Web
                                                Private Parties’’) filed a joint motion to              submit comments to the Commission on                   site the petitions received that contain
sradovich on DSK3GMQ082PROD with NOTICES




                                                terminate the investigation based upon                  the petitions published no later than the              the information required by the Act.
                                                settlement (‘‘Joint Motion’’). On                       close of business February 24, 2017.                   Section 3(b)(3)(B) of the Act requires
                                                November 30, 2016, the Commission                       DATES: January 11, 2017: Date of                       that the Commission, at the same time,
                                                Investigative Attorney filed a response                 publication on the Commission’s Web                    publish a notice requesting members of
                                                in support of the Joint Motion.                         site of petitions for duty suspensions                 the public to submit comments to the
                                                   On December 19, 2016, the ALJ issued                 and reductions and opening date for                    Commission on the petitions published.
                                                a corrected initial determination (‘‘ID’’)              filing comments concerning those                       Such comments must be submitted to


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                                                3358                        Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices

                                                the Commission during the 45-day                        petitions and comments—see https://                    to complete their comment at the time
                                                period beginning on the date of                         www.usitc.gov/mtbps.                                   they enter the portal. The types of
                                                publication of the notice—in this case,                    Who may file. Comments may be filed                 information that a person submitting a
                                                by February 24, 2017.                                   by any member of the public. The                       comment may need are listed in the
                                                  Following conclusion of the period                    Commission is particularly interested in               Commission’s Before You File a
                                                for filing comments, the Commission                     receiving comments from domestic                       Comment guide, which is also located
                                                will, as required by sections 3(b)(3)(C)                producers with respect to whether they                 on the Commission’s Web site at https://
                                                and (E) of the Act, submit preliminary                  produce an article that is identical to,               www.usitc.gov/mtbps.
                                                and final reports to the House                          like, or directly competitive with an                     Time for filing. To be considered,
                                                Committee on Ways and Means and the                     article that is the subject of a petition for          comments must be filed no earlier than
                                                Senate Committee on Finance                             a duty suspension or reduction, and if                 the publication date of this notice in the
                                                (Committees) on the petitions received.                 they do, whether they object to such a                 Federal Register and no later than the
                                                The Commission will submit its reports                  duty suspension or reduction. The                      close of business (5:15 p.m. EST) on
                                                in June and August 2017, respectively.                  Commission is also interested in                       February 24, 2017. The Commission
                                                The reports are to include the                          receiving comments from individuals                    will not accept comments filed after that
                                                Commission’s analysis and                               and entities who believe they would be                 time and date.
                                                recommendations regarding the                           a likely beneficiary of a particular duty                 Amendment and withdrawal of
                                                petitions, including whether there is                   suspension or reduction, or who, having                comments. The Commission’s secure
                                                domestic production of the article,                     been named in the petition or another                  web portal will not allow a person who
                                                whether the estimated loss in revenues                  comment as a likely beneficiary, wish to               has formally submitted a comment to
                                                due to the duty suspension or reduction                 state that they would not be a likely                  amend that comment. Instead, that
                                                does not exceed $500,000, and whether                   beneficiary of a particular duty                       person must withdraw the original
                                                the duty suspension or reduction will be                suspension or reduction. The statute                   comment and file a new comment that
                                                available to any person importing the                   defines ‘‘likely beneficiary’’ to mean ‘‘an            incorporates the changes. The new
                                                article. The Commission is required to                  individual or entity likely to utilize, or             comment must be filed within the 45-
                                                classify the petitions into categories                  benefit directly from the utilization of,              day period designated for submitting
                                                based on whether (1) the petition meets                 an article that is the subject of a petition           comments (i.e., before 5:15 p.m. EST on
                                                the requirements for inclusion in a                     for a duty suspension or reduction.’’                  February 24, 2017). Comments may not
                                                                                                           Petitioning parties may also submit
                                                miscellaneous tariff bill; (2) the                                                                             be withdrawn or amended after the
                                                                                                        comments. However, any such
                                                Commission recommends inclusion in                                                                             close of the 45-day period for filing
                                                                                                        comments must not amend or seek to
                                                such a bill with specified technical                                                                           comments.
                                                                                                        amend a petition that the submitter
                                                changes, changes in product scope, or                                                                             Comments containing confidential
                                                                                                        previously filed, and the Commission
                                                adjustment in the amount of duty                                                                               business information. The portal will
                                                                                                        will not consider any comments from a
                                                reduction; (3) the Commission                           petitioner to such effect.                             permit persons submitting comments to
                                                recommends against inclusion in a bill                     Method for filing. Comments                         claim that certain information should be
                                                because the petition does not meet the                  concerning petitions for duty                          treated either as confidential business
                                                petitioning requirements or the                         suspensions and reductions may be                      information or as information protected
                                                petitioner is not a likely beneficiary; and             filed only electronically via the                      from disclosure under the Privacy Act.
                                                (4) the Commission otherwise                            Commission’s designated secure MTBPS                   However, because of the portal’s design,
                                                recommends not including the petition.                  web portal and in the format designated                the portal instructs that such
                                                The Committees and the Congress will                    by the Commission in that portal. The                  information not be included in
                                                make the final decision regarding the                   portal may be accessed through the                     attachments to comments. Persons who
                                                imported articles to be included in a                   Commission’s Web site at https://                      include confidential business
                                                bill.                                                   www.usitc.gov under ‘‘Miscellaneous                    information and information protected
                                                  Section 3(c) of the Act also requires                 Tariff Bill Information.’’ The portal                  under the Privacy Act in attachments to
                                                the U.S. Department of Commerce                         contains a series of prompts and links                 their comments will be presumed to
                                                (Commerce), with input from U.S.                        that will assist persons in providing the              have waived any privilege and the
                                                Customs and Border Protection (CBP)                     required information. The Commission                   information will be disclosed to the
                                                and other Federal agencies, to submit a                 will not accept comments submitted in                  public when the comments and
                                                report to the Commission and to the                     paper or in any other form or format.                  attachments are posted on the
                                                Committees. This report is to include                   Comments must contain all information                  Commission’s Web site. See further
                                                information related to domestic                         required in the portal in order to be                  information below on possible
                                                production and technical changes that                   considered properly filed. Comments,                   disclosure of confidential business
                                                are necessary for purposes of                           including any attachments thereto, must                information.
                                                administration when articles are                        otherwise comply with the                                 Confidential Business Information.
                                                presented for importation.                              Commission’s rules and Handbook on                     The Commission will not release
                                                  Procedures for filing a Comment: The                  MTB Filing Procedures. Persons seeking                 information which the Commission
                                                Commission has promulgated rules of                     to comment on more than one petition                   considers to be confidential business
                                                practice and procedure that address,                    must submit a separate comment for                     information within the meaning of
                                                inter alia, the submission of comments                  each petition.                                         § 201.6(a) of its Rules of Practice and
                                                on the petitions filed. The rules, in the                  Persons filing comments should be                   Procedure (19 CFR 201.6) unless the
sradovich on DSK3GMQ082PROD with NOTICES




                                                form of an interim rule, are published at               aware that they must be prepared to                    party submitting the confidential
                                                19 CFR part 220 (81 FR 67144, Sept. 30,                 complete their entire comment when                     business information had notice, at the
                                                2016)—see in particular 19 CFR 220.10.                  they enter the portal. The portal will not             time of submission, that such
                                                The rules are also posted on the                        allow them to edit, amend, or complete                 information would be released by the
                                                Commission’s Web site along with other                  the comment at a later time.                           Commission, or such party subsequently
                                                materials, including a handbook,                        Accordingly, they should have all the                  consents to the release of the
                                                designed to assist the public in filing                 information in hand that they will need                information.


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                                                                            Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices                                              3359

                                                  Confidential business information                     U.S. Patent No. RE45,486 (‘‘the ’486                   22, and 27 of the ’180 patent, and
                                                submitted to the Commission in                          patent’’); U.S. Patent No. 7,565,469 (‘‘the            whether an industry in the United
                                                comments may be disclosed to and/or                     ’469 patent’’); U.S. Patent No. 9,063,850              States exists as required by subsection
                                                used by (1) the Commission in                           (‘‘the ’850 patent’’); and U.S. Patent No.             (a)(2) of section 337;
                                                calculating the estimated revenue loss                  8,307,180 (‘‘the ’180 patent’’). The                      (2) Pursuant to Commission Rule
                                                required under the Act, which may be                    amended complaint further alleges that                 210.50(b)(1), 19 CFR 210.50(b)(1), the
                                                based in whole or in part on the                        an industry in the United States exists                presiding Administrative Law Judge
                                                estimated values of imports submitted                   as required by subsection (a)(2) of                    shall take evidence or other information
                                                in comments (as well as by petitioners                  section 337.                                           and hear arguments from the parties or
                                                in their petitions); or (2) the                            The complainant requests that the                   other interested persons with respect to
                                                Commission, its employees, and                          Commission institute an investigation                  the public interest in this investigation,
                                                contract personnel (a) in processing                    and, after the investigation, issue a                  as appropriate, and provide the
                                                petitions and comments and preparing                    limited exclusion order and cease and                  Commission with findings of fact and a
                                                reports under the American                              desist orders.                                         recommended determination on this
                                                Manufacturing Competitiveness Act of                    ADDRESSES: The amended complaint,                      issue, which shall be limited to the
                                                2016 or (b) in internal investigations,                 except for any confidential information                statutory public interest factors set forth
                                                audits, reviews, and evaluations relating               contained therein, is available for                    in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
                                                to the programs, personnel, and                         inspection during official business                       (3) For the purpose of the
                                                operations of the Commission including                  hours (8:45 a.m. to 5:15 p.m.) in the                  investigation so instituted, the following
                                                under 5 U.S.C. Appendix 3; or (3)                       Office of the Secretary, U.S.                          are hereby named as parties upon which
                                                Commerce for use in preparing its report                International Trade Commission, 500 E                  this notice of investigation shall be
                                                to the Commission and the Committees,                   Street SW., Room 112, Washington, DC                   served:
                                                and the U.S. Department of Agriculture                  20436, telephone (202) 205–2000.                          (a) The complainant is:
                                                and CBP for use in providing                            Hearing impaired individuals are                       Memory Technologies, LLC, 6787 W.
                                                information for that report; or (4) U.S.                advised that information on this matter                   Tropicana Avenue, Suite 238, Las
                                                government employees and contract                       can be obtained by contacting the                         Vegas, NV 89103
                                                personnel, solely for cybersecurity                     Commission’s TDD terminal on (202)                        (b) The respondents are the following
                                                purposes, subject to the requirement                    205–1810. Persons with mobility                        entities alleged to be in violation of
                                                that all contract personnel will sign                   impairments who will need special                      section 337, and are the parties upon
                                                appropriate nondisclosure agreements.                   assistance in gaining access to the                    which the amended complaint is to be
                                                                                                        Commission should contact the Office                   served:
                                                  By order of the Commission.
                                                                                                        of the Secretary at (202) 205–2000.
                                                  Issued: January 3, 2017.                                                                                     SanDisk LLC, 951 SanDisk Drive,
                                                                                                        General information concerning the
                                                Katherine M. Hiner,                                                                                               Milpitas, CA 95035
                                                                                                        Commission may also be obtained by                     Western Digital Corporation, 3355
                                                Acting Supervisory Attorney.                            accessing its internet server at https://                 Michelson Drive, Suite 100, Irvine,
                                                [FR Doc. 2017–00062 Filed 1–10–17; 8:45 am]             www.usitc.gov. The public record for                      CA 92612
                                                BILLING CODE 7020–02–P                                  this investigation may be viewed on the                Western Digital Technologies, Inc., 951
                                                                                                        Commission’s electronic docket (EDIS)                     SanDisk Drive, Milpitas, CA 95035
                                                                                                        at https://edis.usitc.gov.                             SanDisk Limited, 8F Nisso 15 Bldg. 2–
                                                INTERNATIONAL TRADE                                     FOR FURTHER INFORMATION CONTACT: The                      17–19 Shin-Yokohama, Kohoku-ku,
                                                COMMISSION                                              Office of Unfair Import Investigations,                   Yokohama, Japan 222–0033
                                                [Inv. No. 337–TA–1034]                                  U.S. International Trade Commission,                   SanDisk Storage Malaysia Sdn. Bhd.,
                                                                                                        telephone (202) 205–2560.                                 Plot 18, Lorong Jelawat 4, Kawasan,
                                                Certain Flash Memory Devices and                          Authority: The authority for institution of             Perindustrian, Seberang Jaya, 13700
                                                Components Thereof; Institution of                      this investigation is contained in section 337            Perai, Penang, Malaysia
                                                Investigation                                           of the Tariff Act of 1930, as amended, and             SanDisk SemiConductor (Shanghai) Co.,
                                                                                                        in section 210.10 of the Commission’s Rules               Ltd., No. 388, Jiang Chuan East Road,
                                                AGENCY: U.S. International Trade                        of Practice and Procedure, 19 CFR 210.10                  Minhang District, Shanghai 200241,
                                                Commission.                                             (2016).                                                   China
                                                ACTION: Notice.
                                                                                                          Scope of Investigation: Having                          (c) The Office of Unfair Import
                                                SUMMARY:   Notice is hereby given that a                considered the amended complaint, the                  Investigations, U.S. International Trade
                                                complaint was filed with the U.S.                       U.S. International Trade Commission,                   Commission, 500 E Street SW., Suite
                                                International Trade Commission on                       on January 5, 2017, ordered that—                      401, Washington, DC 20436; and
                                                December 6, 2016, under section 337 of                    (1) Pursuant to subsection (b) of                       (4) For the investigation so instituted,
                                                the Tariff Act of 1930, as amended, 19                  section 337 of the Tariff Act of 1930, as              the Chief Administrative Law Judge,
                                                U.S.C. 1337, on behalf of Memory                        amended, an investigation be instituted                U.S. International Trade Commission,
                                                Technologies, LLC of Las Vegas,                         to determine whether there is a                        shall designate the presiding
                                                Nevada. An amended complaint was                        violation of subsection (a)(1)(B) of                   Administrative Law Judge.
                                                filed on December 12, 2016. The                         section 337 in the importation into the                   Responses to the amended complaint
                                                amended complaint alleges violations of                 United States, the sale for importation,               and the notice of investigation must be
                                                section 337 based upon the importation                  or the sale within the United States after             submitted by the named respondents in
sradovich on DSK3GMQ082PROD with NOTICES




                                                into the United States, the sale for                    importation of certain flash memory                    accordance with section 210.13 of the
                                                importation, and the sale within the                    devices and components thereof by                      Commission’s Rules of Practice and
                                                United States after importation of                      reason of infringement of one or more of               Procedure, 19 CFR 210.13. Pursuant to
                                                certain flash memory devices and                        claim 38 of the ’542 patent; claims 6, 9,              19 CFR 201.16(e) and 210.13(a), such
                                                components thereof by reason of                         10, 22, 23, 26, and 27 of the ’486 patent;             responses will be considered by the
                                                infringement of certain claims of U.S.                  claim 19 of the ’469 patent; claim 10 of               Commission if received not later than 20
                                                Patent No. RE45,542 (‘‘the ’542 patent’’);              the ’850 patent; and claims 17–19, 21,                 days after the date of service by the


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Document Created: 2018-02-01 14:59:21
Document Modified: 2018-02-01 14:59:21
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 of publication on the Commission's Web site of petitions for duty suspensions and reductions and request for comments on the petitions filed.
DatesJanuary 11, 2017: Date of publication on the Commission's Web site of petitions for duty suspensions and reductions and opening date for filing comments concerning those petitions. February 24, 2017, 5:15 p.m., EST: Closing date and time for the submission of comments concerning the petitions for duty suspensions and reductions published on the Commission's Web site. Comments must be submitted in electronic form via the Commission's secure web portal. The Commission will not accept comments submitted in paper or in any other form or format.
ContactFor general inquiries, contact Jennifer Rohrbach at [email protected] For filing inquiries, contact the Office of Secretary, Docket Services division, U.S. International Trade Commission, telephone (202) 205-3238.
FR Citation82 FR 3357 

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