82_FR_44649 82 FR 44466 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 44466 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range44466-44467
FR Document2017-20214

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electrochemical Glucose Monitoring Systems and Components Thereof, DN 3252; 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 183 (Friday, September 22, 2017)
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44466-44467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20214]


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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.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Electrochemical 
Glucose Monitoring Systems and Components Thereof, DN 3252; 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.,

[[Page 44467]]

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 Dexcom, Inc. on September 18, 
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 electrochemical glucose monitoring systems and 
components thereof. The complaint names as respondent AgaMatrix, Inc. 
of Salem, NH. The complainant requests that the Commission issue a 
limited exclusion order and a cease and desist order, and impose a bond 
upon respondent alleged infringing articles during the 60-day 
Presidential review period pursuant to 19 U.S.C. 1337(e)(1) and (f)(1).
    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 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. 3252'') 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
---------------------------------------------------------------------------

    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: September 18, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20214 Filed 9-21-17; 8:45 am]
 BILLING CODE 7020-02-P



     44466                       Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

     Secretary, U.S. International Trade                     subject articles if they were to be                   and contract personnel (a) for
     Commission, 500 E Street SW.,                           excluded;                                             developing or maintaining the records
     Washington, DC 20436, telephone (202)                      (iv) indicate whether complainant,                 of this or a related proceeding, or (b) in
     205–2000.                                               complainant’s licensees, and/or third                 internal investigations, audits, reviews,
        General information concerning the                   party suppliers have the capacity to                  and evaluations relating to the
     Commission may also be obtained by                      replace the volume of articles                        programs, personnel, and operations of
     accessing its Internet server at United                 potentially subject to the requested                  the Commission including under 5
     States International Trade Commission                   exclusion order and/or a cease and                    U.S.C. Appendix 3; or (ii) by U.S.
     (USITC) at https://www.usitc.gov. The                   desist order within a commercially                    government employees and contract
     public record for this investigation may                reasonable time; and                                  personnel,2 solely for cybersecurity
     be viewed on the Commission’s                              (v) explain how the requested                      purposes. All nonconfidential written
     Electronic Document Information                         remedial orders would impact United                   submissions will be available for public
     System (EDIS) at https://edis.usitc.gov.                States consumers.                                     inspection at the Office of the Secretary
     Hearing-impaired persons are advised                       Written submissions must be filed no               and on EDIS.3
     that information on this matter can be                  later than by close of business, eight                  This action is taken under the
     obtained by contacting the                              calendar days after the date of                       authority of section 337 of the Tariff Act
     Commission’s TDD terminal on (202)                      publication of this notice in the Federal             of 1930, as amended (19 U.S.C. 1337),
     205–1810.                                               Register. There will be further                       and of §§ 201.10 and 210.8(c) of the
     SUPPLEMENTARY INFORMATION: The
                                                             opportunities for comment on the                      Commission’s Rules of Practice and
     Commission has received a complaint                     public interest after the issuance of any             Procedure (19 CFR 201.10, 210.8(c)).
     and a submission pursuant to § 210.8(b)                 final initial determination in this                     By order of the Commission.
     of the Commission’s Rules of Practice                   investigation.
                                                                                                                     Issued: September 18, 2017.
                                                                Persons filing written submissions
     and Procedure filed on behalf of Wen T.                                                                       Lisa R. Barton,
                                                             must file the original document
     Lin on September 18, 2017. The                                                                                Secretary to the Commission.
                                                             electronically on or before the deadlines
     complaint alleges violations of section
                                                             stated above and submit 8 true paper                  [FR Doc. 2017–20173 Filed 9–21–17; 8:45 am]
     337 of the Tariff Act of 1930 (19 U.S.C.
                                                             copies to the Office of the Secretary by              BILLING CODE 7020–02–P
     1337) in the importation into the United
                                                             noon the next day pursuant to § 210.4(f)
     States, the sale for importation, and the
                                                             of the Commission’s Rules of Practice
     sale within the United States after                                                                           INTERNATIONAL TRADE
                                                             and Procedure (19 CFR 210.4(f)).
     importation of certain dynamic random                                                                         COMMISSION
                                                             Submissions should refer to the docket
     access memory device and product
                                                             number (‘‘Docket No. 3251’’) in a
     containing same. The complaint names                                                                          Notice of Receipt of Complaint;
                                                             prominent place on the cover page and/
     as respondents SK Hynix of South Korea                                                                        Solicitation of Comments Relating to
                                                             or the first page. (See Handbook for
     and SK Hynix America Inc. of San Jose,                                                                        the Public Interest
                                                             Electronic Filing Procedures, Electronic
     CA. The complainant requests that the
                                                             Filing Procedures).1 Persons with                     AGENCY: U.S. International Trade
     Commission issue a limited exclusion
                                                             questions regarding filing should                     Commission.
     order and cease and desist orders.
                                                             contact the Secretary (202–205–2000).                 ACTION: Notice.
        Proposed respondents, other
                                                                Any person desiring to submit a
     interested parties, and members of the                                                                                   Notice is hereby given that
                                                             document to the Commission in                         SUMMARY:
     public are invited to file comments, not                                                                      the U.S. International Trade
                                                             confidence must request confidential
     to exceed five (5) pages in length,                                                                           Commission has received a complaint
                                                             treatment. All such requests should be
     inclusive of attachments, on any public                                                                       entitled Certain Electrochemical
                                                             directed to the Secretary to the
     interest issues raised by the complaint                                                                       Glucose Monitoring Systems and
                                                             Commission and must include a full
     or § 210.8(b) filing. Comments should                                                                         Components Thereof, DN 3252; the
                                                             statement of the reasons why the
     address whether issuance of the relief                                                                        Commission is soliciting comments on
                                                             Commission should grant such
     specifically requested by the                                                                                 any public interest issues raised by the
                                                             treatment. See 19 CFR 201.6. Documents
     complainant in this investigation would                                                                       complaint or complainant’s filing
                                                             for which confidential treatment by the
     affect the public health and welfare in                                                                       pursuant to the Commission’s Rules of
                                                             Commission is properly sought will be
     the United States, competitive                                                                                Practice and Procedure.
                                                             treated accordingly. All such requests
     conditions in the United States
                                                             should be directed to the Secretary to                FOR FURTHER INFORMATION CONTACT: Lisa
     economy, the production of like or
                                                             the Commission and must include a full                R. Barton, Secretary to the Commission,
     directly competitive articles in the
                                                             statement of the reasons why the                      U.S. International Trade Commission,
     United States, or United States
                                                             Commission should grant such                          500 E Street SW., Washington, DC
     consumers.
                                                             treatment. See 19 CFR 201.6. Documents                20436, telephone (202) 205–2000. The
        In particular, the Commission is
                                                             for which confidential treatment by the               public version of the complaint can be
     interested in comments that:
                                                             Commission is properly sought will be                 accessed on the Commission’s
        (i) Explain how the articles
                                                             treated accordingly. All information,                 Electronic Document Information
     potentially subject to the requested
                                                             including confidential business                       System (EDIS) at https://edis.usitc.gov,
     remedial orders are used in the United
                                                             information and documents for which                   and will be available for inspection
     States;
                                                             confidential treatment is properly                    during official business hours (8:45 a.m.
        (ii) identify any public health, safety,
                                                             sought, submitted to the Commission for               to 5:15 p.m.) in the Office of the
     or welfare concerns in the United States
                                                             purposes of this Investigation may be                 Secretary, U.S. International Trade
     relating to the requested remedial
                                                             disclosed to and used: (i) By the                     Commission, 500 E Street SW.,
     orders;
                                                             Commission, its employees and Offices,
        (iii) identify like or directly                                                                              2 All contract personnel will sign appropriate
     competitive articles that complainant,                    1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
     its licensees, or third parties make in the             https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

     United States which could replace the                   filing_procedures.pdf.                                (EDIS): https://edis.usitc.gov.



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                                 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices                                                   44467

     Washington, DC 20436, telephone (202)                   its licensees, or third parties make in the           disclosed to and used: (i) By the
     205–2000.                                               United States which could replace the                 Commission, its employees and Offices,
       General information concerning the                    subject articles if they were to be                   and contract personnel (a) for
     Commission may also be obtained by                      excluded;                                             developing or maintaining the records
     accessing its Internet server at United                    (iv) indicate whether complainant,                 of this or a related proceeding, or (b) in
     States International Trade Commission                   complainant’s licensees, and/or third                 internal investigations, audits, reviews,
     (USITC) at https://www.usitc.gov. The                   party suppliers have the capacity to                  and evaluations relating to the
     public record for this investigation may                replace the volume of articles                        programs, personnel, and operations of
     be viewed on the Commission’s                           potentially subject to the requested                  the Commission including under 5
     Electronic Document Information                         exclusion order and/or a cease and                    U.S.C. Appendix 3; or (ii) by U.S.
     System (EDIS) at https://edis.usitc.gov.                desist order within a commercially                    government employees and contract
     Hearing-impaired persons are advised                    reasonable time; and                                  personnel,2 solely for cybersecurity
     that information on this matter can be                     (v) explain how the requested                      purposes. All nonconfidential written
     obtained by contacting the                              remedial orders would impact United                   submissions will be available for public
     Commission’s TDD terminal on (202)                      States consumers.                                     inspection at the Office of the Secretary
     205–1810.                                                  Written submissions must be filed no               and on EDIS.3
     SUPPLEMENTARY INFORMATION: The
                                                             later than by close of business, eight                  This action is taken under the
     Commission has received a complaint                     calendar days after the date of                       authority of section 337 of the Tariff Act
     and a submission pursuant to § 210.8(b)                 publication of this notice in the Federal             of 1930, as amended (19 U.S.C. 1337),
     of the Commission’s Rules of Practice                   Register. There will be further                       and of §§ 201.10 and 210.8(c) of the
     and Procedure filed on behalf of                        opportunities for comment on the                      Commission’s Rules of Practice and
     Dexcom, Inc. on September 18, 2017.                     public interest after the issuance of any             Procedure (19 CFR 201.10, 210.8(c)).
     The complaint alleges violations of                     final initial determination in this                     By order of the Commission.
     section 337 of the Tariff Act of 1930 (19               investigation.                                          Issued: September 18, 2017.
                                                                Persons filing written submissions
     U.S.C. 1337) in the importation into the                                                                      Lisa R. Barton,
                                                             must file the original document
     United States, the sale for importation,                                                                      Secretary to the Commission.
                                                             electronically on or before the deadlines
     and the sale within the United States                                                                         [FR Doc. 2017–20214 Filed 9–21–17; 8:45 am]
                                                             stated above and submit 8 true paper
     after importation of certain                                                                                  BILLING CODE 7020–02–P
                                                             copies to the Office of the Secretary by
     electrochemical glucose monitoring
                                                             noon the next day pursuant to § 210.4(f)
     systems and components thereof. The
                                                             of the Commission’s Rules of Practice
     complaint names as respondent                                                                                 DEPARTMENT OF JUSTICE
                                                             and Procedure (19 CFR 210.4(f)).
     AgaMatrix, Inc. of Salem, NH. The
                                                             Submissions should refer to the docket
     complainant requests that the                                                                                 Notice of Lodging of Proposed
                                                             number (‘‘Docket No. 3252’’) in a
     Commission issue a limited exclusion                                                                          Amended Consent Decree Under the
                                                             prominent place on the cover page and/
     order and a cease and desist order, and                                                                       Clean Air Act
                                                             or the first page. (See Handbook for
     impose a bond upon respondent alleged
                                                             Electronic Filing Procedures, Electronic                 On September 14, 2017, the
     infringing articles during the 60-day
                                                             Filing Procedures).1 Persons with                     Department of Justice lodged a proposed
     Presidential review period pursuant to
                                                             questions regarding filing should                     Amended Consent Decree under the
     19 U.S.C. 1337(e)(1) and (f)(1).
                                                             contact the Secretary (202–205–2000).                 Clean Air Act, 42 U.S.C. 7601 et seq.,
        Proposed respondents, other
                                                                Any person desiring to submit a                    with the United States District Court for
     interested parties, and members of the
                                                             document to the Commission in                         the Southern District of Ohio in the
     public are invited to file comments, not
                                                             confidence must request confidential                  matter entitled Barbara Fisher and
     to exceed five (5) pages in length,
                                                             treatment. All such requests should be                United States of America v. Perma-Fix
     inclusive of attachments, on any public
                                                             directed to the Secretary to the                      of Dayton, Inc., Civil Action No. 3:04–
     interest issues raised by the complaint
                                                             Commission and must include a full                    cv–00418.
     or § 210.8(b) filing. Comments should
                                                             statement of the reasons why the                         The proposed Amended Consent
     address whether issuance of the relief
                                                             Commission should grant such                          Decree between Plaintiff United States,
     specifically requested by the
                                                             treatment. See 19 CFR 201.6. Documents                on behalf of the U.S. Environmental
     complainant in this investigation would
                                                             for which confidential treatment by the               Protection Agency (‘‘U.S. EPA’’) and 1)
     affect the public health and welfare in
                                                             Commission is properly sought will be                 initial Settling Defendant Perma-Fix of
     the United States, competitive
                                                             treated accordingly. All such requests                Dayton, Inc. (‘‘Perma-Fix’’) and 2)
     conditions in the United States
                                                             should be directed to the Secretary to                current Settling Defendant Clean Water
     economy, the production of like or
                                                             the Commission and must include a full                Limited (‘‘CWL’’), amends the original
     directly competitive articles in the
                                                             statement of the reasons why the                      Consent Decree entered into by the
     United States, or United States
                                                             Commission should grant such                          United States and Perma-Fix and signed
     consumers.
                                                             treatment. See 19 CFR 201.6. Documents                by the Court on February 12, 2008. CWL
        In particular, the Commission is
                                                             for which confidential treatment by the               enters into the proposed Amended
     interested in comments that:
                                                             Commission is properly sought will be                 Decree by and through the Receiver of
        (i) Explain how the articles
                                                             treated accordingly. All information,                 the facility appointed by the Franklin
     potentially subject to the requested
                                                             including confidential business                       County Court of Common Pleas. The
     remedial orders are used in the United
                                                             information and documents for which                   State of Ohio, on behalf of the Ohio
     States;
                                                             confidential treatment is properly                    Environmental Protection Agency
        (ii) identify any public health, safety,
                                                             sought, submitted to the Commission for               (‘‘Ohio EPA’’), also enters into the
     or welfare concerns in the United States
                                                             purposes of this Investigation may be
     relating to the requested remedial                                                                              2 All contract personnel will sign appropriate
     orders;                                                   1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
        (iii) identify like or directly                      https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

     competitive articles that complainant,                  filing_procedures.pdf                                 (EDIS): https://edis.usitc.gov



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Document Created: 2017-09-22 01:52:20
Document Modified: 2017-09-22 01:52:20
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 44466 

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