82 FR 43401 - Certain Periodontal Laser Devices and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range		43401-43402
FR Document		2017-19596

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 10, 2017, on behalf of Millennium Dental Technologies, Inc. of Cerritos, California. A supplement was filed on August 18, 2017. The complaint alleges violations based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain periodontal laser devices and components thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43401-43402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19596]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1070]


Certain Periodontal Laser Devices and Components Thereof 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 10, 2017, on behalf of 
Millennium Dental Technologies, Inc. of Cerritos, California. A 
supplement was filed on August 18, 2017. The complaint alleges 
violations based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain periodontal laser devices and components thereof 
by reason of false advertising, the threat or effect of which is to 
destroy or substantially injure an industry in the United States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 8, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(A) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain periodontal 
laser devices and components thereof by reason of false advertising, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1)
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

[[Page 43402]]

    (a) The complainant is: Millennium Dental Technologies, Inc., 10945 
South Street, Suite 104-A, Cerritos, CA 90703.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Fotona d.o.o., Stegne 7, Ljubljana 1000, Slovenia
Fotona, LLC, 2307 Springlake Road #518, Dallas, TX 75234

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 11, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-19596 Filed 9-14-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43401

agreements provide additional and consume at least 2,381 acre-feet as Secretary, U.S. International Trade
significant benefits to the Pueblos and part of the water supply for the Regional Commission, 500 E Street SW., Room
local communities, including federal Water System, including defining the 112, Washington, DC 20436, telephone
funding to help construct the Pojoaque conditions that will not constitute a (202) 205–2000. Hearing impaired
Basin Regional Water System and material adverse effect. individuals are advised that information
federal funding to establish the Aamodt (F) The State has enacted necessary on this matter can be obtained by
Pueblos Settlement Fund. The non- legislation and has provided funding as contacting the Commission’s TDD
federal Settlement Parties submitted a required under the Settlement terminal on (202) 205–1810. Persons
signed Settlement Agreement to Agreement. with mobility impairments who will
Congress prior to enactment of the (G) A partial final decree that sets need special assistance in gaining access
Settlement Act, which has been revised forth the water rights and other rights to to the Commission should contact the
and signed by the Settlement Parties water to which the Pueblos are entitled Office of the Secretary at (202) 205–
pursuant to the terms of the Settlement under the Settlement Agreement and the 2000. General information concerning
Act. In order for the Settlement Settlement Act and that substantially the Commission may also be obtained
Agreement to remain enforceable, nine conforms to the Settlement Agreement by accessing its internet server at
conditions precedent outlined in section has been approved by the Court. https://www.usitc.gov. The public
623 of the Settlement Act must be (H) A final decree that sets forth the record for this investigation may be
fulfilled by September 15, 2017. water rights for all parties to the Aamodt viewed on the Commission’s electronic
Case and that substantially conforms to docket (EDIS) at https://edis.usitc.gov.
Statement of Findings the Settlement Agreement has been FOR FURTHER INFORMATION CONTACT:
In accordance with section 623(a)(2) approved by the Court. Pathenia M. Proctor, The Office of
of the Settlement Act, I find as follows: (I) The waivers and releases described
(A) To the extent that the Settlement Unfair Import Investigations, U.S.
in section 624 of the Settlement Act
Agreement conflicted with the International Trade Commission,
have been executed.
Settlement Act, the Settlement telephone (202) 205–2560.
Agreement has been revised to conform Ryan K. Zinke, SUPPLEMENTARY INFORMATION:
with the Settlement Act. Secretary of the Interior. Authority: The authority for
(B) The Settlement Agreement, as [FR Doc. 2017–19541 Filed 9–14–17; 8:45 am] institution of this investigation is
revised, including waivers and releases BILLING CODE 4334–63–P contained in section 337 of the Tariff
pursuant to section 624 of the Act of 1930, as amended, 19 U.S.C. 1337
Settlement Act, has been executed by and in section 210.10 of the
the appropriate parties and the INTERNATIONAL TRADE Commission’s Rules of Practice and
Secretary. COMMISSION Procedure, 19 CFR 210.10 (2017).
(C) Congress has fully appropriated, Scope of Investigation: Having
or the Secretary has provided from other [Investigation No. 337–TA–1070] considered the complaint, the U.S.
authorized sources, all funds authorized International Trade Commission, on
Certain Periodontal Laser Devices and
by section 617 of the Settlement Act, September 8, 2017, ordered that—
Components Thereof Institution of (1) Pursuant to subsection (b) of
with the exception of subsection (a)(1)
Investigation section 337 of the Tariff Act of 1930, as
of that section.
(D) The Secretary has acquired and AGENCY: U.S. International Trade amended, an investigation be instituted
entered into appropriate contracts for Commission. to determine whether there is a
the water rights described in section ACTION: Notice. violation of subsection (a)(1)(A) of
613(a) of the Settlement Act. section 337 in the importation into the
(E) For purposes of section 613(a) of SUMMARY: Notice is hereby given that a United States, the sale for importation,
the Settlement Act, permits have been complaint was filed with the U.S. or the sale within the United States after
issued by the New Mexico State International Trade Commission on importation of certain periodontal laser
Engineer to the Pojoaque Basin Regional August 10, 2017, on behalf of devices and components thereof by
Water Authority (Authority) formed Millennium Dental Technologies, Inc. of reason of false advertising, the threat or
pursuant to section 9.5 of the Settlement Cerritos, California. A supplement was effect of which is to destroy or
Agreement to change the points of filed on August 18, 2017. The complaint substantially injure an industry in the
diversion to the mainstem of the Rio alleges violations based upon the United States;
Grande for the diversion and importation into the United States, the (2) Pursuant to Commission Rule
consumptive use of at least 2,381 acre- sale for importation, and the sale within 210.50(b)(1), 19 CFR 210.50(b)(1), the
feet by the Pueblos as part of the water the United States after importation of presiding administrative law judge shall
supply for the Regional Water System, certain periodontal laser devices and take evidence or other information and
subject to the conditions that (i) the components thereof by reason of false hear arguments from the parties and
permits are free of any condition that advertising, the threat or effect of which other interested persons with respect to
materially adversely affects the ability of is to destroy or substantially injure an the public interest in this investigation,
the Pueblos or the Authority to divert or industry in the United States. as appropriate, and provide the
use the Pueblo water supply described The complainant requests that the Commission with findings of fact and a
in section 613(a) of the Settlement Act, Commission institute an investigation recommended determination on this
including water rights acquired in and, after the investigation, issue a issue, which shall be limited to the
mstockstill on DSK30JT082PROD with NOTICES

addition to those described in section limited exclusion order and cease and statutory public interest factors set forth
613(a) of the Settlement Act, in desist orders. in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1)
accordance with section 613(g) of the ADDRESSES: The complaint, except for (3) For the purpose of the
Settlement Act; and (ii) the Settlement any confidential information contained investigation so instituted, the following
Agreement establishes the means to therein, is available for inspection are hereby named as parties upon which
address any permit conditions to ensure during official business hours (8:45 a.m. this notice of investigation shall be
the ability of the Pueblos to fully divert to 5:15 p.m.) in the Office of the served:

VerDate Sep<11>2014 18:16 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1

43402 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

(a) The complainant is: Millennium INTERNATIONAL TRADE The Commission made these
Dental Technologies, Inc., 10945 South COMMISSION determinations pursuant to section
Street, Suite 104–A, Cerritos, CA 90703. 735(b) of the Act (19 U.S.C. 1673d(b)).
(b) The respondents are the following [Investigation No. 731–TA–1334–1337 It completed and filed its
entities alleged to be in violation of (Final)] determinations in these investigations
on August 25, 2017. The views of the
section 337, and are the parties upon Emulsion Styrene-Butadiene Rubber Commission are contained in USITC
which the complaint is to be served: From Brazil, Korea, Mexico, and Publication 4717 (August 2017), entitled
Fotona d.o.o., Stegne 7, Ljubljana 1000, Poland Emulsion Styrene-Butadiene Rubber
Slovenia Determination from Brazil, Korea, Mexico, and Poland:
Fotona, LLC, 2307 Springlake Road Investigation Nos. 731–TA–1334–1337
On the basis of the record 1 developed (Final).
#518, Dallas, TX 75234 in the subject investigations, the United
By order of the Commission.
(c) The Office of Unfair Import States International Trade Commission
(‘‘Commission’’) determines, pursuant Issued: September 12, 2017.
Investigations, U.S. International Trade
to the Tariff Act of 1930 (‘‘the Act’’), Lisa R. Barton,
Commission, 500 E Street SW., Suite
that an industry in the United States is Secretary to the Commission.
401, Washington, DC 20436; and
materially injured by reason of imports [FR Doc. 2017–19675 Filed 9–14–17; 8:45 am]
(4) For the investigation so instituted, of emulsion styrene-butadiene rubber BILLING CODE 7020–02–P
the Chief Administrative Law Judge, from Brazil, Korea, Mexico, and Poland,
U.S. International Trade Commission, provided for in subheading 4002.19.00
shall designate the presiding of the Harmonized Tariff Schedule of INTERNATIONAL TRADE
Administrative Law Judge. the United States, that have been found COMMISSION
Responses to the complaint and the by the Department of Commerce [Investigation No. 337–TA–1069]
notice of investigation must be (‘‘Commerce’’) to be sold in the United
submitted by the named respondents in States at less than fair value (‘‘LTFV’’).2 3 Certain Pool and Spa Enclosures;
accordance with section 210.13 of the Background Institution of Investigation
Commission’s Rules of Practice and AGENCY: U.S. International Trade
Procedure, 19 CFR 210.13. Pursuant to The Commission, pursuant to section
735(b) of the Act (19 U.S.C. 1673d(b)), Commission.
19 CFR 201.16(e) and 210.13(a), such ACTION: Notice.
instituted these investigations effective
responses will be considered by the
July 21, 2016, following receipt of a
Commission if received not later than 20 SUMMARY: Notice is hereby given that a
petition filed with the Commission and
days after the date of service by the complaint was filed with the U.S.
Commerce by Lion Elastomers, LLC,
Commission of the complaint and the International Trade Commission on May
Port Neches, Texas, and East West
notice of investigation. Extensions of 10, 2017, under section 337 of the Tariff
Copolymer, LLC, Baton Rouge,
time for submitting responses to the Act of 1930, as amended, on behalf of
Louisiana. The Commission scheduled
complaint and the notice of Aqua Shield, Inc. of West Babylon, New
the final phase of the investigations
investigation will not be granted unless York. An amended complaint was filed
following notification of preliminary
good cause therefor is shown. on July 17, 2017. Supplements to the
determinations by Commerce that
amended complaint were filed on
Failure of a respondent to file a timely imports of emulsion styrene-butadiene
August 10, 2017 and September 5, 2017.
response to each allegation in the rubber from Brazil, Korea, Mexico, and
The complaint, as amended, alleges
complaint and in this notice may be Poland were being sold at LTFV within
violations of section 337 based upon the
deemed to constitute a waiver of the the meaning of section 733(b) of the Act
importation into the United States, the
right to appear and contest the (19 U.S.C. 1673b(b)). Notice of the
sale for importation, and the sale within
allegations of the complaint and this scheduling of the final phase of the
the United States after importation of
notice, and to authorize the Commission’s investigations and of a
certain pool and spa enclosures by
administrative law judge and the public hearing to be held in connection
reason of infringement of certain claims
Commission, without further notice to therewith was given by posting copies
of U.S. Patent No. 6,637,160 (‘‘the ’160
of the notice in the Office of the
the respondent, to find the facts to be as patent’’). The amended complaint
Secretary, U.S. International Trade
alleged in the complaint and this notice further alleges that an industry in the
Commission, Washington, DC, and by
and to enter an initial determination United States exists as required by the
publishing the notice in the Federal
and a final determination containing applicable Federal Statute.
Register of March 13, 2017 (82 FR The complainant requests that the
such findings, and may result in the 13503). The hearing was held in
issuance of an exclusion order or a cease Commission institute an investigation
Washington, DC, on June 29, 2017, and and, after the investigation, issue a
and desist order or both directed against all persons who requested the
the respondent. limited exclusion order and cease and
opportunity were permitted to appear in desist orders.
By order of the Commission. person or by counsel.
ADDRESSES: The amended complaint,
Issued: September 11, 2017. except for any confidential information
1 The record is defined in sec. 207.2(f) of the
Lisa R. Barton, contained therein, is available for
mstockstill on DSK30JT082PROD with NOTICES

Commission’s Rules of Practice and Procedure (19
Secretary to the Commission. CFR 207.2(f)). inspection during official business
[FR Doc. 2017–19596 Filed 9–14–17; 8:45 am]
2 Vice Chairman David S. Johanson and hours (8:45 a.m. to 5:15 p.m.) in the
BILLING CODE 7020–02–P
Commissioner Meredith M. Broadbent dissenting. Office of the Secretary, U.S.
3 The Commission also finds that imports subject
International Trade Commission, 500 E
to Commerce’s affirmative critical circumstances
determination are not likely to undermine seriously
Street SW., Room 112, Washington, DC
the remedial effect of the antidumping duty order 20436, telephone (202) 205–2000.
on Korea. Hearing impaired individuals are

VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1

Document Created: 2017-09-15 00:18:19
Document Modified: 2017-09-15 00:18:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 43401