82_FR_46080 82 FR 45891 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 45891 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 189 (October 2, 2017)

Page Range45891-45892
FR Document2017-21020

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Gas Spring Nailer Products and Components Thereof, DN 3259; 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 189 (Monday, October 2, 2017)
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45891-45892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21020]


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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 Gas Spring Nailer 
Products and Components Thereof, DN 3259; 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 Kyocera Senco Brands Inc. on 
September 26, 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 gas spring nailer products and 
components thereof. The complaint names as a respondent Hitachi Koki 
U.S.A., Limited of Braselton, GA. The complainant requests that the 
Commission issue a limited exclusion, cease and desist orders 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 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. 3259'') 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.

[[Page 45892]]

    Issued: September 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-21020 Filed 9-29-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices                                                    45891

                                                  Issued: September 26, 2017.                           the sale for importation, and the sale                stated above and submit 8 true paper
                                                Lisa R. Barton,                                         within the United States after                        copies to the Office of the Secretary by
                                                Secretary to the Commission.                            importation of certain gas spring nailer              noon the next day pursuant to § 210.4(f)
                                                [FR Doc. 2017–21010 Filed 9–29–17; 8:45 am]             products and components thereof. The                  of the Commission’s Rules of Practice
                                                BILLING CODE 7020–02–P                                  complaint names as a respondent                       and Procedure (19 CFR 210.4(f)).
                                                                                                        Hitachi Koki U.S.A., Limited of                       Submissions should refer to the docket
                                                                                                        Braselton, GA. The complainant                        number (‘‘Docket No. 3259’’) in a
                                                INTERNATIONAL TRADE                                     requests that the Commission issue a                  prominent place on the cover page and/
                                                COMMISSION                                              limited exclusion, cease and desist                   or the first page. (See Handbook for
                                                                                                        orders and impose a bond upon                         Electronic Filing Procedures, Electronic
                                                Notice of Receipt of Complaint;                         respondents’ alleged infringing articles              Filing Procedures 1). Persons with
                                                Solicitation of Comments Relating to                    during the 60-day Presidential review                 questions regarding filing should
                                                the Public Interest                                     period pursuant to 19 U.S.C. 1337(j).                 contact the Secretary (202–205–2000).
                                                                                                           Proposed respondents, other                           Any person desiring to submit a
                                                AGENCY: U.S. International Trade
                                                                                                        interested parties, and members of the                document to the Commission in
                                                Commission.
                                                                                                        public are invited to file comments, not              confidence must request confidential
                                                ACTION: Notice.
                                                                                                        to exceed five (5) pages in length,                   treatment. All such requests should be
                                                SUMMARY:   Notice is hereby given that                  inclusive of attachments, on any public               directed to the Secretary to the
                                                the U.S. International Trade                            interest issues raised by the complaint               Commission and must include a full
                                                Commission has received a complaint                     or § 210.8(b) filing. Comments should                 statement of the reasons why the
                                                entitled Certain Gas Spring Nailer                      address whether issuance of the relief                Commission should grant such
                                                Products and Components Thereof, DN                     specifically requested by the                         treatment. See 19 CFR 201.6. Documents
                                                3259; the Commission is soliciting                      complainant in this investigation would               for which confidential treatment by the
                                                comments on any public interest issues                  affect the public health and welfare in               Commission is properly sought will be
                                                raised by the complaint or                              the United States, competitive                        treated accordingly. All such requests
                                                complainant’s filing pursuant to the                    conditions in the United States                       should be directed to the Secretary to
                                                Commission’s Rules of Practice and                      economy, the production of like or                    the Commission and must include a full
                                                Procedure.                                              directly competitive articles in the                  statement of the reasons why the
                                                FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                        United States, or United States                       Commission should grant such
                                                R. Barton, Secretary to the Commission,                 consumers.                                            treatment. See 19 CFR 201.6. Documents
                                                                                                           In particular, the Commission is                   for which confidential treatment by the
                                                U.S. International Trade Commission,
                                                                                                        interested in comments that:                          Commission is properly sought will be
                                                500 E Street SW., Washington, DC                           (i) Explain how the articles
                                                20436, telephone (202) 205–2000. The                                                                          treated accordingly. All information,
                                                                                                        potentially subject to the requested                  including confidential business
                                                public version of the complaint can be                  remedial orders are used in the United
                                                accessed on the Commission’s                                                                                  information and documents for which
                                                                                                        States;                                               confidential treatment is properly
                                                Electronic Document Information                            (ii) identify any public health, safety,
                                                System (EDIS) at https://edis.usitc.gov,                                                                      sought, submitted to the Commission for
                                                                                                        or welfare concerns in the United States              purposes of this Investigation may be
                                                and will be available for inspection                    relating to the requested remedial
                                                during official business hours (8:45 a.m.                                                                     disclosed to and used: (i) By the
                                                                                                        orders;                                               Commission, its employees and Offices,
                                                to 5:15 p.m.) in the Office of the                         (iii) identify like or directly
                                                Secretary, U.S. International Trade                                                                           and contract personnel (a) for
                                                                                                        competitive articles that complainant,
                                                Commission, 500 E Street SW.,                                                                                 developing or maintaining the records
                                                                                                        its licensees, or third parties make in the
                                                Washington, DC 20436, telephone (202)                                                                         of this or a related proceeding, or (b) in
                                                                                                        United States which could replace the
                                                205–2000.                                                                                                     internal investigations, audits, reviews,
                                                                                                        subject articles if they were to be
                                                   General information concerning the                                                                         and evaluations relating to the
                                                                                                        excluded;
                                                Commission may also be obtained by                         (iv) indicate whether complainant,                 programs, personnel, and operations of
                                                accessing its Internet server at United                 complainant’s licensees, and/or third                 the Commission including under 5
                                                States International Trade Commission                   party suppliers have the capacity to                  U.S.C. Appendix 3; or (ii) by U.S.
                                                (USITC) at https://www.usitc.gov. The                   replace the volume of articles                        government employees and contract
                                                public record for this investigation may                potentially subject to the requested                  personnel,2 solely for cybersecurity
                                                be viewed on the Commission’s                           exclusion order and/or a cease and                    purposes. All nonconfidential written
                                                Electronic Document Information                         desist order within a commercially                    submissions will be available for public
                                                System (EDIS) at https://edis.usitc.gov.                reasonable time; and                                  inspection at the Office of the Secretary
                                                Hearing-impaired persons are advised                       (v) explain how the requested                      and on EDIS.3
                                                that information on this matter can be                  remedial orders would impact United                      This action is taken under the
                                                obtained by contacting the                              States consumers.                                     authority of section 337 of the Tariff Act
                                                Commission’s TDD terminal on (202)                         Written submissions must be filed no               of 1930, as amended (19 U.S.C. 1337),
                                                205–1810.                                               later than by close of business, eight                and of §§ 201.10 and 210.8(c) of the
                                                SUPPLEMENTARY INFORMATION: The                          calendar days after the date of                       Commission’s Rules of Practice and
                                                Commission has received a complaint                     publication of this notice in the Federal             Procedure (19 CFR 201.10, 210.8(c)).
                                                and a submission pursuant to § 210.8(b)
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                                                                                                        Register. There will be further                         By order of the Commission.
                                                of the Commission’s Rules of Practice                   opportunities for comment on the
                                                and Procedure filed on behalf of                        public interest after the issuance of any                1 Handbook for Electronic Filing Procedures:

                                                Kyocera Senco Brands Inc. on                            final initial determination in this                   https://www.usitc.gov/documents/handbook_on_
                                                                                                                                                              filing_procedures.pdf.
                                                September 26, 2017. The complaint                       investigation.                                           2 All contract personnel will sign appropriate
                                                alleges violations of section 337 of the                   Persons filing written submissions                 nondisclosure agreements.
                                                Tariff Act of 1930 (19 U.S.C. 1337) in                  must file the original document                          3 Electronic Document Information System

                                                the importation into the United States,                 electronically on or before the deadlines             (EDIS): https://edis.usitc.gov.



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                                                45892                        Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

                                                  Issued: September 26, 2017.                           order on imports of silicomanganese                   determinations, its full first five-year
                                                Lisa R. Barton,                                         from China (59 FR 66003). Following                   review determinations, its expedited
                                                Secretary to the Commission.                            first five-year reviews by Commerce and               second five-year review determinations,
                                                [FR Doc. 2017–21020 Filed 9–29–17; 8:45 am]             the Commission, effective February 16,                and its full third five-year review
                                                BILLING CODE 7020–02–P
                                                                                                        2001, Commerce issued a continuation                  determinations, the Commission
                                                                                                        of the antidumping duty order on                      defined the Domestic Like Product as all
                                                                                                        imports of silicomanganese from China                 silicomanganese, coextensive with
                                                INTERNATIONAL TRADE                                     and of the suspended investigation on                 Commerce’s scope.
                                                COMMISSION                                              imports of silicomanganese from                          (4) The Domestic Industry is the U.S.
                                                                                                        Ukraine (66 FR 10669). On July 19,                    producers as a whole of the Domestic
                                                [Investigation Nos. 731–TA–672–673 (Fourth              2001, the Government of Ukraine                       Like Product, or those producers whose
                                                Review)]                                                                                                      collective output of the Domestic Like
                                                                                                        requested termination of the suspension
                                                                                                        agreement on silicomanganese from                     Product constitutes a major proportion
                                                Silicomanganese From China and
                                                                                                        Ukraine and, effective September 17,                  of the total domestic production of the
                                                Ukraine: Institution of Five-Year
                                                                                                        2001, Commerce issued an antidumping                  product. In its original determinations,
                                                Reviews
                                                                                                        duty order on imports of                              its full first five-year review
                                                AGENCY: United States International                     silicomanganese from Ukraine (66 FR                   determinations, its expedited second
                                                Trade Commission.                                       43838, August 21, 2001). Following                    five-year review determinations, and its
                                                ACTION: Notice.                                         second five-year reviews by Commerce                  full third five-year review
                                                                                                        and the Commission, effective                         determinations, the Commission
                                                SUMMARY:    The Commission hereby gives                 September 14, 2006, Commerce issued a                 defined the Domestic Industry as all
                                                notice that it has instituted reviews                   continuation of the antidumping duty                  domestic producers of silicomanganese.
                                                pursuant to the Tariff Act of 1930 (‘‘the               orders on imports of silicomanganese                     (5) An Importer is any person or firm
                                                Act’’), as amended, to determine                        from China and Ukraine (71 FR 54272).                 engaged, either directly or through a
                                                whether revocation of the antidumping                   Following the third five-year reviews by              parent company or subsidiary, in
                                                duty orders on silicomanganese from                     Commerce and the Commission,                          importing the Subject Merchandise into
                                                China and Ukraine would be likely to                    effective November 8, 2012, Commerce                  the United States from a foreign
                                                lead to continuation or recurrence of                   issued a continuation of the                          manufacturer or through its selling
                                                material injury. Pursuant to the Act,                   antidumping duty orders on imports of                 agent.
                                                interested parties are requested to                     silicomanganese from China and                           Participation in the proceeding and
                                                respond to this notice by submitting the                Ukraine (77 FR 66956). The Commission                 public service list.—Persons, including
                                                information specified below to the                      is now conducting fourth five-year                    industrial users of the Subject
                                                Commission.                                             reviews pursuant to section 751(c) of the             Merchandise and, if the merchandise is
                                                                                                        Act, as amended (19 U.S.C. 1675(c)), to               sold at the retail level, representative
                                                DATES: Instituted October 2, 2017. To be
                                                                                                        determine whether revocation of the                   consumer organizations, wishing to
                                                assured of consideration, the deadline
                                                                                                        orders would be likely to lead to                     participate in the proceeding as parties
                                                for responses is November 1, 2017.
                                                                                                        continuation or recurrence of material                must file an entry of appearance with
                                                Comments on the adequacy of responses
                                                                                                        injury to the domestic industry within                the Secretary to the Commission, as
                                                may be filed with the Commission by                                                                           provided in section 201.11(b)(4) of the
                                                December 7, 2017.                                       a reasonably foreseeable time.
                                                                                                        Provisions concerning the conduct of                  Commission’s rules, no later than 21
                                                FOR FURTHER INFORMATION CONTACT:                                                                              days after publication of this notice in
                                                                                                        this proceeding may be found in the
                                                Mary Messer (202–205–3193), Office of                                                                         the Federal Register. The Secretary will
                                                                                                        Commission’s Rules of Practice and
                                                Investigations, U.S. International Trade                                                                      maintain a public service list containing
                                                                                                        Procedure at 19 CFR parts 201, subparts
                                                Commission, 500 E Street SW.,                                                                                 the names and addresses of all persons,
                                                                                                        A and B and 19 CFR part 207, subparts
                                                Washington, DC 20436. Hearing-                                                                                or their representatives, who are parties
                                                                                                        A and F. The Commission will assess
                                                impaired persons can obtain                             the adequacy of interested party                      to the proceeding.
                                                information on this matter by contacting                responses to this notice of institution to               Former Commission employees who
                                                the Commission’s TDD terminal on 202–                   determine whether to conduct full or                  are seeking to appear in Commission
                                                205–1810. Persons with mobility                         expedited reviews. The Commission’s                   five-year reviews are advised that they
                                                impairments who will need special                       determinations in any expedited                       may appear in a review even if they
                                                assistance in gaining access to the                     reviews will be based on the facts                    participated personally and
                                                Commission should contact the Office                    available, which may include                          substantially in the corresponding
                                                of the Secretary at 202–205–2000.                       information provided in response to this              underlying original investigation or an
                                                General information concerning the                      notice.                                               earlier review of the same underlying
                                                Commission may also be obtained by                         Definitions.—The following                         investigation. The Commission’s
                                                accessing its internet server (https://                 definitions apply to these reviews:                   designated agency ethics official has
                                                www.usitc.gov). The public record for                      (1) Subject Merchandise is the class or            advised that a five-year review is not the
                                                this proceeding may be viewed on the                    kind of merchandise that is within the                same particular matter as the underlying
                                                Commission’s electronic docket (EDIS)                   scope of the five-year reviews, as                    original investigation, and a five-year
                                                at https://edis.usitc.gov.                              defined by the Department of                          review is not the same particular matter
                                                SUPPLEMENTARY INFORMATION:                              Commerce.                                             as an earlier review of the same
                                                   Background.—On October 31, 1994,                                                                           underlying investigation for purposes of
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           (2) The Subject Countries in these
                                                the Department of Commerce                              reviews are China and Ukraine.                        18 U.S.C. 207, the post employment
                                                (‘‘Commerce’’) suspended an                                (3) The Domestic Like Product is the               statute for Federal employees, and
                                                antidumping duty investigation on                       domestically produced product or                      Commission rule 201.15(b) (19 CFR
                                                imports of silicomanganese from                         products which are like, or in the                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                Ukraine (59 FR 60951, November 29,                      absence of like, most similar in                      73 FR 24609 (May 5, 2008).
                                                1994). On December 22, 1994,                            characteristics and uses with, the                    Consequently, former employees are not
                                                Commerce issued an antidumping duty                     Subject Merchandise. In its original                  required to seek Commission approval


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Document Created: 2017-09-30 04:41:42
Document Modified: 2017-09-30 04:41:42
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 45891 

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