82_FR_50651 82 FR 50442 - Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same; Notice of Request for Statements on the Public Interest

82 FR 50442 - Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 209 (October 31, 2017)

Page Range50442-50443
FR Document2017-23604

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation. The ALJ recommended only a limited exclusion order with a certification provision prohibiting the entry of certain composite aerogel insulation materials manufactured abroad by or on behalf of Respondent Nano Tech Co., Ltd. of Zhejiang, China, and Respondent Guangdong Alison Hi-Tech Co., Ltd. of Guangzhou, China, that infringe certain claims of U.S. Patent No. 7,078,359, and/or that are manufactured using certain claimed methods of U.S. Patent Nos. 6,989,123 and 7,780,890. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

Federal Register, Volume 82 Issue 209 (Tuesday, October 31, 2017)
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50442-50443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23604]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1003]


Certain Composite Aerogel Insulation Materials and Methods for 
Manufacturing the Same; Notice of Request for Statements on the Public 
Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a Final Initial Determination and 
Recommended Determination on Remedy and Bonding in the above-captioned 
investigation. The Commission is soliciting comments on public interest 
issues raised by the recommended relief should the Commission find a 
violation. The ALJ recommended only a limited exclusion order with a 
certification provision prohibiting the entry of certain composite 
aerogel insulation materials manufactured abroad by or on behalf of 
Respondent Nano Tech Co., Ltd. of Zhejiang, China, and Respondent 
Guangdong Alison Hi-Tech Co., Ltd. of Guangzhou, China, that infringe 
certain claims of U.S. Patent No. 7,078,359, and/or that are 
manufactured using certain claimed methods of U.S. Patent Nos. 
6,989,123 and 7,780,890. This notice is soliciting public interest 
comments from the public only. Parties are to file public interest 
submissions pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation are 
or 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 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. 
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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1).
    The Commission is interested in further development of the record 
on the public interest in its investigations. Accordingly, parties are 
to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In 
addition, members of the public are hereby invited to file submissions 
of no more than five (5) pages, inclusive of attachments, concerning 
the public interest in light of the administrative law judge's 
Recommended Determination on Remedy and Bonding issued in this 
investigation on September 29, 2017. Comments should address whether 
issuance of a limited exclusion order 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 recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the recommended orders;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third

[[Page 50443]]

party suppliers have the capacity to replace the volume of articles 
potentially subject to the recommended orders within a commercially 
reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on November 24, 2017.
    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 Commission Rule 210.4(f), 19 CFR 210.4(f). Submissions 
should refer to the investigation number (``Inv. No. 1003'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with 
questions regarding filing should contact the Secretary, (202) 205-
2000.
    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 
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, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements. All non-confidential written submissions will be available 
for public inspection at the Office of the Secretary and on EDIS.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in part 210 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.

    By order of the Commission.

    Issued: October 25, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23604 Filed 10-30-17; 8:45 am]
BILLING CODE 7020-02-P



                                                    50442                        Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    and cease and desist orders in this                     confidential written submissions will be              Office of the Secretary, U.S.
                                                    investigation would affect the public                   available for public inspection at the                International Trade Commission, 500 E
                                                    health and welfare in the United States,                Office of the Secretary and on EDIS.                  Street SW., Washington, DC 20436,
                                                    competitive conditions in the United                      This action is taken under the                      telephone (202) 205–2000. General
                                                    States economy, the production of like                  authority of section 337 of the Tariff Act            information concerning the Commission
                                                    or directly competitive articles in the                 of 1930, as amended (19 U.S.C. 1337),                 may also be obtained by accessing its
                                                    United States, or United States                         and in Part 210 of the Commission’s                   Internet server at https://www.usitc.gov.
                                                    consumers.                                              Rules of Practice and Procedure (19 CFR               The public record for this investigation
                                                       In particular, the Commission is                     part 210).                                            may be viewed on the Commission’s
                                                    interested in comments that:                              By order of the Commission.                         electronic docket (EDIS) at https://
                                                       (i) Explain how the articles                                                                               edis.usitc.gov. Hearing-impaired
                                                                                                              Issued: October 25, 2017.
                                                    potentially subject to the recommended                                                                        persons are advised that information on
                                                    orders are used in the United States;                   Lisa R. Barton,
                                                                                                                                                                  this matter can be obtained by
                                                       (ii) identify any public health, safety,             Secretary to the Commission.
                                                                                                                                                                  contacting the Commission’s TDD
                                                    or welfare concerns in the United States                [FR Doc. 2017–23605 Filed 10–30–17; 8:45 am]
                                                                                                                                                                  terminal on (202) 205–1810.
                                                    relating to the recommended orders;                     BILLING CODE 7020–02–P
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: Section
                                                       (iii) identify like or directly
                                                    competitive articles that complainant,                                                                        337 of the Tariff Act of 1930 provides
                                                    its licensees, or third parties make in the             INTERNATIONAL TRADE                                   that if the Commission finds a violation
                                                    United States which could replace the                   COMMISSION                                            it shall exclude the articles concerned
                                                    subject articles if they were to be                                                                           from the United States:
                                                                                                            [Investigation No. 337–TA–1003]
                                                    excluded;                                                                                                     unless, after considering the effect of such
                                                       (iv) indicate whether complainant,                   Certain Composite Aerogel Insulation                  exclusion upon the public health and
                                                    complainant’s licensees, and/or third                                                                         welfare, competitive conditions in the United
                                                                                                            Materials and Methods for                             States economy, the production of like or
                                                    party suppliers have the capacity to                    Manufacturing the Same; Notice of                     directly competitive articles in the United
                                                    replace the volume of articles                          Request for Statements on the Public                  States, and United States consumers, it finds
                                                    potentially subject to the recommended                  Interest                                              that such articles should not be excluded
                                                    exclusion order and/or a cease and                                                                            from entry.
                                                    desist order within a commercially                      AGENCY: U.S. International Trade
                                                    reasonable time; and                                    Commission.                                           19 U.S.C. 1337(d)(1).
                                                       (v) explain how the limited exclusion                ACTION: Notice.                                          The Commission is interested in
                                                    order and cease and desist orders would                                                                       further development of the record on
                                                    impact consumers in the United States.                  SUMMARY:    Notice is hereby given that               the public interest in its investigations.
                                                       Written submissions from the public                  the presiding administrative law judge                Accordingly, parties are to file public
                                                    must be filed no later than by close of                 (‘‘ALJ’’) has issued a Final Initial                  interest submissions pursuant to 19 CFR
                                                    business on November 29, 2017.                          Determination and Recommended                         210.50(a)(4). In addition, members of
                                                       Persons filing written submissions                   Determination on Remedy and Bonding                   the public are hereby invited to file
                                                    must file the original document                         in the above-captioned investigation.                 submissions of no more than five (5)
                                                    electronically on or before the deadlines               The Commission is soliciting comments                 pages, inclusive of attachments,
                                                    stated above and submit 8 true paper                    on public interest issues raised by the               concerning the public interest in light of
                                                    copies to the Office of the Secretary by                recommended relief should the                         the administrative law judge’s
                                                    noon the next day pursuant to section                   Commission find a violation. The ALJ                  Recommended Determination on
                                                    210.4(f) of the Commission’s Rules of                   recommended only a limited exclusion                  Remedy and Bonding issued in this
                                                    Practice and Procedure (19 CFR                          order with a certification provision                  investigation on September 29, 2017.
                                                    210.4(f)). Submissions should refer to                  prohibiting the entry of certain                      Comments should address whether
                                                    the investigation number (‘‘Inv. No.                    composite aerogel insulation materials                issuance of a limited exclusion order in
                                                    337–TA–1016’’) in a prominent place on                  manufactured abroad by or on behalf of                this investigation would affect the
                                                    the cover page and/or the first page. (See              Respondent Nano Tech Co., Ltd. of                     public health and welfare in the United
                                                    Handbook for Electronic Filing                          Zhejiang, China, and Respondent                       States, competitive conditions in the
                                                    Procedures, https://www.usitc.gov/                      Guangdong Alison Hi-Tech Co., Ltd. of                 United States economy, the production
                                                    secretary/documents/handbook_on_                        Guangzhou, China, that infringe certain               of like or directly competitive articles in
                                                    filing_procedures.pdf). Persons with                    claims of U.S. Patent No. 7,078,359,                  the United States, or United States
                                                    questions regarding filing should                       and/or that are manufactured using                    consumers.
                                                    contact the Secretary (202–205–2000).                   certain claimed methods of U.S. Patent                   In particular, the Commission is
                                                       Any person desiring to submit a                      Nos. 6,989,123 and 7,780,890. This                    interested in comments that:
                                                    document to the Commission in                           notice is soliciting public interest                     (i) Explain how the articles
                                                    confidence must request confidential                    comments from the public only. Parties                potentially subject to the recommended
                                                    treatment. All such requests should be                  are to file public interest submissions               orders are used in the United States;
                                                    directed to the Secretary to the                        pursuant to Commission rules.                            (ii) identify any public health, safety,
                                                    Commission and must include a full                      FOR FURTHER INFORMATION CONTACT:                      or welfare concerns in the United States
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    statement of the reasons why the                        Cathy Chen, Esq., Office of the General               relating to the recommended orders;
                                                    Commission should grant such                            Counsel, U.S. International Trade                        (iii) indicate the extent to which like
                                                    treatment. See 19 CFR 201.6. Documents                  Commission, 500 E Street SW.,                         or directly competitive articles are
                                                    for which confidential treatment by the                 Washington, DC 20436, telephone (202)                 produced in the United States or are
                                                    Commission is properly sought will be                   205–2392. Copies of non-confidential                  otherwise available in the United States,
                                                    treated accordingly. A redacted non-                    documents filed in connection with this               with respect to the articles potentially
                                                    confidential version of the document                    investigation are or will be available for            subject to the recommended orders;
                                                    must also be filed simultaneously with                  inspection during official business                      (iv) indicate whether complainant,
                                                    any confidential filing. All non-                       hours (8:45 a.m. to 5:15 p.m.) in the                 complainant’s licensees, and/or third


                                               VerDate Sep<11>2014   17:37 Oct 30, 2017   Jkt 244001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                               50443

                                                    party suppliers have the capacity to                      By order of the Commission.                         Register pursuant to Section 6(b) of the
                                                    replace the volume of articles                            Issued: October 25, 2017.                           Act on July 25, 2017 (82 FR 34550).
                                                    potentially subject to the recommended                  Lisa R. Barton,
                                                                                                                                                                  Patricia A. Brink,
                                                    orders within a commercially                            Secretary to the Commission.
                                                    reasonable time; and                                                                                          Director of Civil Enforcement, Antitrust
                                                                                                            [FR Doc. 2017–23604 Filed 10–30–17; 8:45 am]          Division.
                                                       (v) explain how the recommended
                                                                                                            BILLING CODE 7020–02–P
                                                    orders would impact consumers in the                                                                          [FR Doc. 2017–23692 Filed 10–30–17; 8:45 am]
                                                    United States.                                                                                                BILLING CODE P
                                                       Written submissions must be filed no
                                                    later than by close of business on
                                                                                                            DEPARTMENT OF JUSTICE
                                                    November 24, 2017.                                                                                            DEPARTMENT OF JUSTICE
                                                       Persons filing written submissions                   Antitrust Division
                                                    must file the original document                                                                               Antitrust Division
                                                    electronically on or before the deadlines               Notice Pursuant to the National
                                                    stated above and submit 8 true paper                    Cooperative Research and Production                   Notice Pursuant to the National
                                                    copies to the Office of the Secretary by                Act of 1993—IMS Global Learning                       Cooperative Research and Production
                                                    noon the next day pursuant to                           Consortium, Inc.                                      Act of 1993—OpenDaylight Project,
                                                    Commission Rule 210.4(f), 19 CFR                                                                              Inc.
                                                    210.4(f). Submissions should refer to the                  Notice is hereby given that, on
                                                    investigation number (‘‘Inv. No. 1003’’)                October 6, 2017, pursuant to Section                     Notice is hereby given that, on
                                                    in a prominent place on the cover page                  6(a) of the National Cooperative                      October 6, 2017, pursuant to Section
                                                    and/or the first page. (See Handbook for                Research and Production Act of 1993,                  6(a) of the National Cooperative
                                                    Electronic Filing Procedures, http://                   15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS             Research and Production Act of 1993,
                                                    www.usitc.gov/secretary/fed_reg_                        Global Learning Consortium, Inc. (‘‘IMS               15 U.S.C. 4301 et seq. (‘‘the Act’’),
                                                    notices/rules/handbook_on_electronic_                   Global’’) has filed written notifications             OpenDaylight Project, Inc.
                                                    filing.pdf). Persons with questions                     simultaneously with the Attorney                      (‘‘OpenDaylight’’) has filed written
                                                    regarding filing should contact the                     General and the Federal Trade                         notifications simultaneously with the
                                                    Secretary, (202) 205–2000.                              Commission disclosing changes in its                  Attorney General and the Federal Trade
                                                       Any person desiring to submit a                      membership. The notifications were                    Commission disclosing changes in its
                                                    document to the Commission in                           filed for the purpose of extending the                membership. The notifications were
                                                    confidence must request confidential                    Act’s provisions limiting the recovery of             filed for the purpose of extending the
                                                    treatment. All such requests should be                  antitrust plaintiffs to actual damages                Act’s provisions limiting the recovery of
                                                    directed to the Secretary to the                        under specified circumstances.                        antitrust plaintiffs to actual damages
                                                    Commission and must include a full                      Specifically, Central Massachusetts                   under specified circumstances.
                                                    statement of the reasons why the                        Collaborative, Worcester, MA; Colorado                Specifically, Brocade Communications
                                                    Commission should grant such                            Technical University, Schaumburg, IL;                 Systems, Inc., San Jose, CA; Dell Inc.,
                                                    treatment. See 19 CFR 201.6. Documents                  Cornelsen Verlag GmbH, Berlin,                        Round Rock, TX; Microsoft Corporation,
                                                    for which confidential treatment by the                 GERMANY; Delaware Department of                       Redmond, WA; Coriant GMBH, Munich,
                                                    Commission is properly sought will be                   Education, Dover, DE; Henry County                    GERMANY; Avaya Inc., Santa Clara,
                                                    treated accordingly. All information,                   Schools, McDonough, GA; Knovation,                    CA; IIX Inc., Palo Alto, CA; and Lenovo,
                                                    including confidential business                         Inc., Cincinnati, OH; and New Meridian                Santa Clara, CA, have withdrawn as
                                                    information and documents for which                     Corporation (PARCC Consortium),                       parties to this venture.
                                                    confidential treatment is properly                      Austin, TX, have been added as parties                   No other changes have been made in
                                                    sought, submitted to the Commission for                 to this venture.                                      either the membership or planned
                                                    purposes of this Investigation may be                                                                         activity of the group research project.
                                                                                                               Also, PARCC, Inc., Washington, DC;
                                                    disclosed to and used: (i) By the                                                                             Membership in this group research
                                                                                                            WEDU COMMUNICATIONS, Seoul,
                                                    Commission, its employees and Offices,                                                                        project remains open, and OpenDaylight
                                                                                                            REPUBLIC OF KOREA; Pacific Metrics,
                                                    and contract personnel (a) for                                                                                intends to file additional written
                                                                                                            Monterey, CA; and Fidelis Inc.,
                                                    developing or maintaining the records                                                                         notifications disclosing all changes in
                                                                                                            Redwood City, CA, have withdrawn as
                                                    of this or a related proceeding, or (b) in                                                                    membership.
                                                                                                            parties to this venture.
                                                    internal investigations, audits, reviews,
                                                    and evaluations relating to the                            No other changes have been made in                    On May 23, 2013, OpenDaylight filed
                                                    programs, personnel, and operations of                  either the membership or planned                      its original notification pursuant to
                                                    the Commission including under 5                        activity of the group research project.               Section 6(a) of the Act. The Department
                                                    U.S.C. Appendix 3; or (ii) by U.S.                      Membership in this group research                     of Justice published a notice in the
                                                    government employees and contract                       project remains open, and IMS Global                  Federal Register pursuant to Section
                                                    personnel, solely for cybersecurity                     intends to file additional written                    6(b) of the Act on July 1, 2013 (78 FR
                                                    purposes. All contract personnel will                   notifications disclosing all changes in               39326).
                                                    sign appropriate nondisclosure                          membership.                                              The last notification was filed with
                                                    agreements. All non-confidential                           On April 7, 2000, IMS Global filed its             the Department on July 26, 2017. A
                                                                                                            original notification pursuant to Section
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    written submissions will be available for                                                                     notice was published in the Federal
                                                    public inspection at the Office of the                  6(a) of the Act. The Department of                    Register pursuant to Section 6(b) of the
                                                    Secretary and on EDIS.                                  Justice published a notice in the Federal             Act on August 28, 2017 (82 FR 40805).
                                                       This action is taken under the                       Register pursuant to Section 6(b) of the
                                                    authority of section 337 of the Tariff Act              Act on September 13, 2000 (65 FR                      Patricia A. Brink,
                                                    of 1930, as amended, 19 U.S.C. 1337,                    55283).                                               Director of Civil Enforcement, Antitrust
                                                    and in part 210 of the Commission’s                        The last notification was filed with               Division.
                                                    Rules of Practice and Procedure, 19 CFR                 the Department on July 10, 2017. A                    [FR Doc. 2017–23688 Filed 10–30–17; 8:45 am]
                                                    210.                                                    notice was published in the Federal                   BILLING CODE P




                                               VerDate Sep<11>2014   17:37 Oct 30, 2017   Jkt 244001   PO 00000   Frm 00073   Fmt 4703   Sfmt 9990   E:\FR\FM\31OCN1.SGM   31OCN1



Document Created: 2018-10-25 10:16:41
Document Modified: 2018-10-25 10:16:41
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.
ContactCathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. Copies of non- confidential documents filed in connection with this investigation are or 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 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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation82 FR 50442 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR