82_FR_42285 82 FR 42114 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 42114 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range42114-42115
FR Document2017-18773

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re- esterified Triglyceride Form, DN 3247; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42114-42115]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18773]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Synthetically 
Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-
esterified Triglyceride Form, DN 3247; the Commission is soliciting 
comments on any public interest issues raised by the complaint or 
complainant's filing pursuant to the Commission's Rules of Practice and 
Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Amarin Pharma, Inc. and 
Amarin Pharmaceuticals Ireland Ltd. on August 30, 2017. The complaint 
alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain synthetically produced, predominantly EPA omega-3 products in 
ethyl ester or re-esterified triglyceride form. The complaint names as 
respondents Royal DSM NV of The Netherlands; DSM Marine Lipids Peru 
S.A.C. of Peru; DSM Nutritional Products of Parsippany, NJ; DSM 
Nutritional Products Canada, Inc. of Canada; Ultimate Biopharma 
(Zhongshan) Corporation of China; Marine Ingredients AS of Norway; 
Marine Ingredients LLC of Bethel, PA; Golden Omega S.A. of Chile; 
Golden Omega USA LLC of Aliso Viejo, CA; Nordic Pharma, Inc. of Norway; 
Croda Europe Ltd. of The United Kingdom; Croda Inc. of Edison, NJ; 
Tecnologica de Alimentos S.A. of Peru; Nature's Bounty of Ronkonkoma, 
NY; Nordic Naturals of Watsonville, CA; Pharmavite LLC of Northridge, 
CA; Innovix Pharma Inc. of Calabasas, CA and J.R. Carlson Laboratories, 
Inc. of Arlington Heights, IL. The complainant requests that the 
Commission issue a general exclusion order, a limited exclusion order, 
a cease and desist order, and impose a bond upon respondents' alleged 
infringing articles during the 60-day Presidential review period 
pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or Sec.  210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the

[[Page 42115]]

United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3247'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures.) \1\ Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
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    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 
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,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: August 30, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-18773 Filed 9-5-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                    42114                    Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices

                                                    value (‘‘LTFV’’) and to be subsidized by                opportunity were permitted to appear in               Electronic Document Information
                                                    the government of China.                                person or by counsel.                                 System (EDIS) at https://edis.usitc.gov.
                                                                                                              The Commission made these                           Hearing-impaired persons are advised
                                                    Commencement of Final Phase                             determinations pursuant to sections                   that information on this matter can be
                                                    Investigations                                          703(a) and 733(a) of the Act (19 U.S.C.               obtained by contacting the
                                                       Pursuant to section 207.18 of the                    1671b(a) and 1673b(a)). It completed                  Commission’s TDD terminal on (202)
                                                    Commission’s rules, the Commission                      and filed its determinations in these                 205–1810.
                                                    also gives notice of the commencement                   investigations on August 28, 2017. The
                                                                                                            views of the Commission are contained                 SUPPLEMENTARY INFORMATION:       The
                                                    of the final phase of its investigations.
                                                    The Commission will issue a final phase                 in USITC Publication 4722 (September                  Commission has received a complaint
                                                    notice of scheduling, which will be                     2017), entitled Cast Iron Soil Pipe                   and a submission pursuant to § 210.8(b)
                                                    published in the Federal Register as                    Fittings from China: Investigation Nos.               of the Commission’s Rules of Practice
                                                    provided in section 207.21 of the                       701–TA–583 and 731–TA–1381                            and Procedure filed on behalf of Amarin
                                                    Commission’s rules, upon notice from                    (Preliminary).                                        Pharma, Inc. and Amarin
                                                    the Department of Commerce                                By order of the Commission.
                                                                                                                                                                  Pharmaceuticals Ireland Ltd. on August
                                                    (‘‘Commerce’’) of affirmative                                                                                 30, 2017. The complaint alleges
                                                                                                              Issued: August 28, 2017.
                                                    preliminary determinations in the                                                                             violations of section 337 of the Tariff
                                                                                                            William R. Bishop,
                                                    investigations under sections 703(b) or                                                                       Act of 1930 (19 U.S.C. 1337) in the
                                                                                                            Supervisory Hearings and Information                  importation into the United States, the
                                                    733(b) of the Act, or, if the preliminary               Officer.
                                                    determinations are negative, upon                                                                             sale for importation, and the sale within
                                                                                                            [FR Doc. 2017–18508 Filed 9–5–17; 8:45 am]
                                                    notice of affirmative final                                                                                   the United States after importation of
                                                                                                            BILLING CODE 7020–02–P
                                                    determinations in those investigations                                                                        certain synthetically produced,
                                                    under sections 705(a) or 735(a) of the                                                                        predominantly EPA omega-3 products
                                                    Act. Parties that filed entries of                                                                            in ethyl ester or re-esterified triglyceride
                                                                                                            INTERNATIONAL TRADE
                                                    appearance in the preliminary phase of                                                                        form. The complaint names as
                                                                                                            COMMISSION
                                                    the investigations need not enter a                                                                           respondents Royal DSM NV of The
                                                    separate appearance for the final phase                 Notice of Receipt of Complaint;                       Netherlands; DSM Marine Lipids Peru
                                                    of the investigations. Industrial users,                Solicitation of Comments Relating to                  S.A.C. of Peru; DSM Nutritional
                                                    and, if the merchandise under                           the Public Interest                                   Products of Parsippany, NJ; DSM
                                                    investigation is sold at the retail level,                                                                    Nutritional Products Canada, Inc. of
                                                                                                            AGENCY: U.S. International Trade                      Canada; Ultimate Biopharma
                                                    representative consumer organizations                   Commission.
                                                    have the right to appear as parties in                                                                        (Zhongshan) Corporation of China;
                                                                                                            ACTION: Notice.                                       Marine Ingredients AS of Norway;
                                                    Commission antidumping and
                                                    countervailing duty investigations. The                 SUMMARY:   Notice is hereby given that                Marine Ingredients LLC of Bethel, PA;
                                                    Secretary will prepare a public service                 the U.S. International Trade                          Golden Omega S.A. of Chile; Golden
                                                    list containing the names and addresses                 Commission has received a complaint                   Omega USA LLC of Aliso Viejo, CA;
                                                    of all persons, or their representatives,               entitled Certain Synthetically Produced,              Nordic Pharma, Inc. of Norway; Croda
                                                    who are parties to the investigations.                  Predominantly EPA Omega-3 Products                    Europe Ltd. of The United Kingdom;
                                                                                                            in Ethyl Ester or Re-esterified                       Croda Inc. of Edison, NJ; Tecnologica de
                                                    Background                                                                                                    Alimentos S.A. of Peru; Nature’s Bounty
                                                                                                            Triglyceride Form, DN 3247; the
                                                       On July 13, 2017, the Cast Iron Soil                 Commission is soliciting comments on                  of Ronkonkoma, NY; Nordic Naturals of
                                                    Pipe Institute, Mundelein, Illinois, filed              any public interest issues raised by the              Watsonville, CA; Pharmavite LLC of
                                                    a petition with the Commission and                      complaint or complainant’s filing                     Northridge, CA; Innovix Pharma Inc. of
                                                    Commerce, alleging that an industry in                  pursuant to the Commission’s Rules of                 Calabasas, CA and J.R. Carlson
                                                    the United States is materially injured                 Practice and Procedure.                               Laboratories, Inc. of Arlington Heights,
                                                    or threatened with material injury by                   FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                                                                                  IL. The complainant requests that the
                                                    reason of LTFV and subsidized imports                   R. Barton, Secretary to the Commission,               Commission issue a general exclusion
                                                    of cast iron soil pipe fittings from China.             U.S. International Trade Commission,                  order, a limited exclusion order, a cease
                                                    Accordingly, effective July 13, 2017, the               500 E Street SW., Washington, DC                      and desist order, and impose a bond
                                                    Commission, pursuant to sections 703(a)                 20436, telephone (202) 205–2000. The                  upon respondents’ alleged infringing
                                                    and 733(a) of the Act (19 U.S.C.                        public version of the complaint can be                articles during the 60-day Presidential
                                                    1671b(a) and 1673b(a)), instituted                      accessed on the Commission’s                          review period pursuant to 19 U.S.C.
                                                    countervailing duty investigation No.                   Electronic Document Information                       1337(j).
                                                    701–TA–583 and antidumping duty                         System (EDIS) at https://edis.usitc.gov,                 Proposed respondents, other
                                                    investigation No. 731–TA–1381                           and will be available for inspection                  interested parties, and members of the
                                                    (Preliminary).                                          during official business hours (8:45 a.m.             public are invited to file comments, not
                                                       Notice of the institution of the                     to 5:15 p.m.) in the Office of the                    to exceed five (5) pages in length,
                                                    Commission’s investigations and of a                    Secretary, U.S. International Trade                   inclusive of attachments, on any public
                                                    public conference to be held in                         Commission, 500 E Street SW.,                         interest issues raised by the complaint
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    connection therewith was given by                       Washington, DC 20436, telephone (202)                 or § 210.8(b) filing. Comments should
                                                    posting copies of the notice in the Office              205–2000.                                             address whether issuance of the relief
                                                    of the Secretary, U.S. International                      General information concerning the                  specifically requested by the
                                                    Trade Commission, Washington, DC,                       Commission may also be obtained by                    complainant in this investigation would
                                                    and by publishing the notice in the                     accessing its Internet server at United               affect the public health and welfare in
                                                    Federal Register of July 20, 2017 (82 FR                States International Trade Commission                 the United States, competitive
                                                    33515). The conference was held in                      (USITC) at https://www.usitc.gov. The                 conditions in the United States
                                                    Washington, DC, on August 3, 2017, and                  public record for this investigation may              economy, the production of like or
                                                    all persons who requested the                           be viewed on the Commission’s                         directly competitive articles in the


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                                                                             Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices                                               42115

                                                    United States, or United States                         treated accordingly. All such requests                complaint was filed on August 22, 2017.
                                                    consumers.                                              should be directed to the Secretary to                The complaint alleges violations of
                                                       In particular, the Commission is                     the Commission and must include a full                section 337 based upon the importation
                                                    interested in comments that:                            statement of the reasons why the                      into the United States, the sale for
                                                       (i) Explain how the articles                         Commission should grant such                          importation, and the sale within the
                                                    potentially subject to the requested                    treatment. See 19 CFR 201.6. Documents                United States after importation of
                                                    remedial orders are used in the United                  for which confidential treatment by the               certain microfluidic devices by reason
                                                    States;                                                 Commission is properly sought will be                 of infringement of one or more of U.S.
                                                       (ii) identify any public health, safety,             treated accordingly. All information,                 Patent No. 9,500,664 (‘‘the ’664 patent’’);
                                                    or welfare concerns in the United States                including confidential business                       U.S. Patent No. 9,089,844 (‘‘the ’844
                                                    relating to the requested remedial                      information and documents for which                   patent’’); U.S. Patent No. 9,636,682 (‘‘the
                                                    orders;                                                 confidential treatment is properly                    ’682 patent’’); U.S. Patent No. 9,649,635
                                                       (iii) identify like or directly                      sought, submitted to the Commission for               (‘‘the ’635 patent’’); and U.S. Patent No.
                                                    competitive articles that complainant,                  purposes of this Investigation may be                 9,126,160 (‘‘the ’160 patent). The
                                                    its licensees, or third parties make in the             disclosed to and used: (i) By the                     complaint further alleges that an
                                                    United States which could replace the                   Commission, its employees and Offices,                industry in the United States exists as
                                                    subject articles if they were to be                     and contract personnel (a) for                        required by the applicable Federal
                                                    excluded;                                               developing or maintaining the records                 Statute.
                                                       (iv) indicate whether complainant,                   of this or a related proceeding, or (b) in               The complainants request that the
                                                    complainant’s licensees, and/or third                   internal investigations, audits, reviews,             Commission institute an investigation
                                                    party suppliers have the capacity to                    and evaluations relating to the                       and, after the investigation, issue a
                                                    replace the volume of articles                          programs, personnel, and operations of                limited exclusion order and cease and
                                                    potentially subject to the requested                    the Commission including under 5                      desist orders.
                                                    exclusion order and/or a cease and                      U.S.C. Appendix 3; or (ii) by U.S.                    ADDRESSES: The complaint, except for
                                                    desist order within a commercially                      government employees and contract                     any confidential information contained
                                                    reasonable time; and                                    personnel,2 solely for cybersecurity                  therein, is available for inspection
                                                       (v) explain how the requested                        purposes. All nonconfidential written                 during official business hours (8:45 a.m.
                                                    remedial orders would impact United                     submissions will be available for public              to 5:15 p.m.) in the Office of the
                                                    States consumers.                                       inspection at the Office of the Secretary             Secretary, U.S. International Trade
                                                       Written submissions must be filed no                 and on EDIS.3                                         Commission, 500 E Street SW., Room
                                                    later than by close of business, eight                     This action is taken under the                     112, Washington, DC 20436, telephone
                                                    calendar days after the date of                         authority of section 337 of the Tariff Act            (202) 205–2000. Hearing impaired
                                                    publication of this notice in the Federal               of 1930, as amended (19 U.S.C. 1337),                 individuals are advised that information
                                                    Register. There will be further                         and of §§ 201.10 and 210.8(c) of the                  on this matter can be obtained by
                                                    opportunities for comment on the                        Commission’s Rules of Practice and                    contacting the Commission’s TDD
                                                    public interest after the issuance of any               Procedure (19 CFR 201.10, 210.8(c)).                  terminal on (202) 205–1810. Persons
                                                    final initial determination in this                       By order of the Commission.                         with mobility impairments who will
                                                    investigation.                                            Issued: August 30, 2017.                            need special assistance in gaining access
                                                       Persons filing written submissions                                                                         to the Commission should contact the
                                                                                                            Katherine M. Hiner,
                                                    must file the original document                                                                               Office of the Secretary at (202) 205–
                                                                                                            Supervisory Attorney.
                                                    electronically on or before the deadlines                                                                     2000. General information concerning
                                                    stated above and submit 8 true paper                    [FR Doc. 2017–18773 Filed 9–5–17; 8:45 am]
                                                                                                                                                                  the Commission may also be obtained
                                                    copies to the Office of the Secretary by                BILLING CODE 7020–02–P
                                                                                                                                                                  by accessing its internet server at
                                                    noon the next day pursuant to § 210.4(f)                                                                      https://www.usitc.gov. The public
                                                    of the Commission’s Rules of Practice                                                                         record for this investigation may be
                                                    and Procedure (19 CFR 210.4(f)).                        INTERNATIONAL TRADE
                                                                                                            COMMISSION                                            viewed on the Commission’s electronic
                                                    Submissions should refer to the docket                                                                        docket (EDIS) at https://edis.usitc.gov.
                                                    number (‘‘Docket No. 3247’’) in a                       [Investigation No. 337–TA–1068]
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    prominent place on the cover page and/
                                                                                                            Certain Microfluidic Devices;                         Pathenia M. Proctor, The Office of
                                                    or the first page. (See Handbook for
                                                                                                            Institution of Investigation                          Unfair Import Investigations, U.S.
                                                    Electronic Filing Procedures, Electronic
                                                                                                                                                                  International Trade Commission,
                                                    Filing Procedures.) 1 Persons with                      AGENCY: U.S. International Trade                      telephone (202) 205–2560.
                                                    questions regarding filing should                       Commission.                                           SUPPLEMENTARY INFORMATION:
                                                    contact the Secretary (202–205–2000).                   ACTION: Notice.
                                                       Any person desiring to submit a                                                                              Authority: The authority for institution of
                                                    document to the Commission in                           SUMMARY:   Notice is hereby given that a              this investigation is contained in section 337
                                                    confidence must request confidential                                                                          of the Tariff Act of 1930, as amended, 19
                                                                                                            complaint was filed with the U.S.
                                                                                                                                                                  U.S.C. 1337 and in section 210.10 of the
                                                    treatment. All such requests should be                  International Trade Commission on July                Commission’s Rules of Practice and
                                                    directed to the Secretary to the                        31, 2017, under section 337 of the Tariff             Procedure, 19 CFR 210.10 (2017).
                                                    Commission and must include a full                      Act of 1930, as amended, on behalf of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    statement of the reasons why the                                                                                Scope of Investigation: Having
                                                                                                            Bio-Rad Laboratories, Inc. of Hercules,
                                                    Commission should grant such                                                                                  considered the complaint, the U.S.
                                                                                                            California and Lawrence Livermore
                                                    treatment. See 19 CFR 201.6. Documents                                                                        International Trade Commission, on
                                                                                                            National Security, LLC of Livermore,
                                                    for which confidential treatment by the                                                                       August 30, 2017, ordered that—
                                                                                                            California. A supplement to the
                                                    Commission is properly sought will be                                                                           (1) Pursuant to subsection (b) of
                                                                                                              2 All contract personnel will sign appropriate
                                                                                                                                                                  section 337 of the Tariff Act of 1930, as
                                                      1 Handbook  for Electronic Filing Procedures:         nondisclosure agreements.                             amended, an investigation be instituted
                                                    https://www.usitc.gov/documents/handbook_on_              3 Electronic Document Information System            to determine whether there is a
                                                    filing_procedures.pdf.                                  (EDIS): https://edis.usitc.gov.                       violation of subsection (a)(1)(B) of


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Document Created: 2017-09-06 00:56:22
Document Modified: 2017-09-06 00:56:22
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.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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.
FR Citation82 FR 42114 

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