82_FR_50890 82 FR 50680 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 50680 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50680-50681
FR Document2017-23730

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Road Construction Machines and Components Thereof, DN 3270; 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 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50680-50681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23730]


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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 Road Construction 
Machines and Components Thereof, DN 3270; 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 Caterpillar Inc. and 
Caterpillar Paving Products, Inc. on October 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 road construction machines and components thereof. The 
complaint names as respondents Wirtgen GmbH of Germany; Joseph V gele 
AG of Germany; Wirtgen Group Holding GmbH of Germany; and Wirtgen 
America, Inc. of Antioch, TN. The complainant requests that the 
Commission issue a limited exclusion order, 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. 3270'') 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

[[Page 50681]]

Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel,\2\ solely for cybersecurity purposes. 
All nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\3\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: October 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23730 Filed 10-31-17; 8:45 am]
BILLING CODE 7020-02-P



                                                50680                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                and evaluations relating to the                         accessing its Internet server at United               United States which could replace the
                                                programs, personnel, and operations of                  States International Trade Commission                 subject articles if they were to be
                                                the Commission including under 5                        (USITC) at https://www.usitc.gov . The                excluded;
                                                U.S.C. Appendix 3; or (ii) by U.S.                      public record for this investigation may                 (iv) indicate whether complainant,
                                                government employees and contract                       be viewed on the Commission’s                         complainant’s licensees, and/or third
                                                personnel,2 solely for cybersecurity                    Electronic Document Information                       party suppliers have the capacity to
                                                purposes. All nonconfidential written                   System (EDIS) at https://edis.usitc.gov.              replace the volume of articles
                                                submissions will be available for public                Hearing-impaired persons are advised                  potentially subject to the requested
                                                inspection at the Office of the Secretary               that information on this matter can be                exclusion order and/or a cease and
                                                and on EDIS.3                                           obtained by contacting the                            desist order within a commercially
                                                  This action is taken under the                        Commission’s TDD terminal on (202)                    reasonable time; and
                                                authority of section 337 of the Tariff Act              205–1810.                                                (v) explain how the requested
                                                of 1930, as amended (19 U.S.C. 1337),                   SUPPLEMENTARY INFORMATION: The                        remedial orders would impact United
                                                and of §§ 201.10 and 210.8(c) of the                    Commission has received a complaint                   States consumers.
                                                Commission’s Rules of Practice and                      and a submission pursuant to § 210.8(b)                  Written submissions must be filed no
                                                Procedure (19 CFR 201.10, 210.8(c)).                    of the Commission’s Rules of Practice                 later than by close of business, eight
                                                  By order of the Commission.                           and Procedure filed on behalf of                      calendar days after the date of
                                                                                                        Caterpillar Inc. and Caterpillar Paving               publication of this notice in the Federal
                                                  Issued: October 26, 2017.
                                                                                                        Products, Inc. on October 26, 2017. The               Register. There will be further
                                                Lisa R. Barton,
                                                                                                        complaint alleges violations of section               opportunities for comment on the
                                                Secretary to the Commission.                                                                                  public interest after the issuance of any
                                                [FR Doc. 2017–23725 Filed 10–31–17; 8:45 am]            337 of the Tariff Act of 1930 (19 U.S.C.
                                                                                                        1337) in the importation into the United              final initial determination in this
                                                BILLING CODE 7020–02–P
                                                                                                        States, the sale for importation, and the             investigation.
                                                                                                                                                                 Persons filing written submissions
                                                                                                        sale within the United States after
                                                                                                                                                              must file the original document
                                                INTERNATIONAL TRADE                                     importation of certain road construction
                                                                                                                                                              electronically on or before the deadlines
                                                COMMISSION                                              machines and components thereof. The
                                                                                                                                                              stated above and submit 8 true paper
                                                                                                        complaint names as respondents
                                                                                                                                                              copies to the Office of the Secretary by
                                                Notice of Receipt of Complaint;                         Wirtgen GmbH of Germany; Joseph V
                                                                                                                                                              noon the next day pursuant to § 210.4(f)
                                                Solicitation of Comments Relating to                    gele AG of Germany; Wirtgen Group
                                                                                                                                                              of the Commission’s Rules of Practice
                                                the Public Interest                                     Holding GmbH of Germany; and
                                                                                                                                                              and Procedure (19 CFR 210.4(f)).
                                                                                                        Wirtgen America, Inc. of Antioch, TN.
                                                AGENCY: U.S. International Trade                                                                              Submissions should refer to the docket
                                                                                                        The complainant requests that the
                                                Commission.                                                                                                   number (‘‘Docket No. 3270’’) in a
                                                                                                        Commission issue a limited exclusion
                                                ACTION: Notice.                                                                                               prominent place on the cover page and/
                                                                                                        order, cease and desist orders, and
                                                                                                                                                              or the first page. (See Handbook for
                                                SUMMARY:   Notice is hereby given that                  impose a bond upon respondents’
                                                                                                                                                              Electronic Filing Procedures, Electronic
                                                the U.S. International Trade                            alleged infringing articles during the 60-
                                                                                                                                                              Filing Procedures.) 1 Persons with
                                                Commission has received a complaint                     day Presidential review period pursuant
                                                                                                                                                              questions regarding filing should
                                                entitled Certain Road Construction                      to 19 U.S.C. 1337(j).
                                                                                                                                                              contact the Secretary (202–205–2000).
                                                Machines and Components Thereof, DN                        Proposed respondents, other
                                                                                                                                                                 Any person desiring to submit a
                                                3270; the Commission is soliciting                      interested parties, and members of the
                                                                                                                                                              document to the Commission in
                                                comments on any public interest issues                  public are invited to file comments, not
                                                                                                                                                              confidence must request confidential
                                                raised by the complaint or                              to exceed five (5) pages in length,
                                                                                                                                                              treatment. All such requests should be
                                                complainant’s filing pursuant to the                    inclusive of attachments, on any public
                                                                                                                                                              directed to the Secretary to the
                                                Commission’s Rules of Practice and                      interest issues raised by the complaint
                                                                                                                                                              Commission and must include a full
                                                Procedure.                                              or § 210.8(b) filing. Comments should
                                                                                                                                                              statement of the reasons why the
                                                                                                        address whether issuance of the relief
                                                FOR FURTHER INFORMATION CONTACT: Lisa                                                                         Commission should grant such
                                                                                                        specifically requested by the
                                                R. Barton, Secretary to the Commission,                                                                       treatment. See 19 CFR 201.6. Documents
                                                                                                        complainant in this investigation would
                                                U.S. International Trade Commission,                                                                          for which confidential treatment by the
                                                                                                        affect the public health and welfare in
                                                500 E Street SW., Washington, DC                                                                              Commission is properly sought will be
                                                                                                        the United States, competitive
                                                20436, telephone (202) 205–2000. The                                                                          treated accordingly. All such requests
                                                                                                        conditions in the United States
                                                public version of the complaint can be                                                                        should be directed to the Secretary to
                                                                                                        economy, the production of like or
                                                accessed on the Commission’s                                                                                  the Commission and must include a full
                                                                                                        directly competitive articles in the
                                                Electronic Document Information                                                                               statement of the reasons why the
                                                                                                        United States, or United States
                                                System (EDIS) at https://edis.usitc.gov,                                                                      Commission should grant such
                                                                                                        consumers.
                                                and will be available for inspection                                                                          treatment. See 19 CFR 201.6. Documents
                                                                                                           In particular, the Commission is
                                                during official business hours (8:45 a.m.                                                                     for which confidential treatment by the
                                                                                                        interested in comments that:
                                                to 5:15 p.m.) in the Office of the                                                                            Commission is properly sought will be
                                                                                                           (i) Explain how the articles
                                                Secretary, U.S. International Trade                                                                           treated accordingly. All information,
                                                                                                        potentially subject to the requested
                                                Commission, 500 E Street SW.,                                                                                 including confidential business
                                                                                                        remedial orders are used in the United
                                                Washington, DC 20436, telephone (202)                                                                         information and documents for which
                                                                                                        States;
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                                                205–2000.                                                                                                     confidential treatment is properly
                                                                                                           (ii) identify any public health, safety,
                                                  General information concerning the                                                                          sought, submitted to the Commission for
                                                                                                        or welfare concerns in the United States
                                                Commission may also be obtained by                                                                            purposes of this Investigation may be
                                                                                                        relating to the requested remedial
                                                                                                                                                              disclosed to and used: (i) By the
                                                  2 All contract personnel will sign appropriate
                                                                                                        orders;
                                                nondisclosure agreements.                                  (iii) identify like or directly                       1 Handbook for Electronic Filing Procedures:
                                                  3 Electronic Document Information System              competitive articles that complainant,                https://www.usitc.gov/documents/handbook_on_
                                                (EDIS): https://edis.usitc.gov.                         its licensees, or third parties make in the           filing_procedures.pdf.



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                                                                          Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices                                           50681

                                                Commission, its employees and Offices,                  FOR FURTHER INFORMATION CONTACT:                         (4) The Domestic Industry is the U.S.
                                                and contract personnel (a) for                          Mary Messer (202–205–3193), Office of                 producers as a whole of the Domestic
                                                developing or maintaining the records                   Investigations, U.S. International Trade              Like Product, or those producers whose
                                                of this or a related proceeding, or (b) in              Commission, 500 E Street SW.,                         collective output of the Domestic Like
                                                internal investigations, audits, reviews,               Washington, DC 20436. Hearing-                        Product constitutes a major proportion
                                                and evaluations relating to the                         impaired persons can obtain                           of the total domestic production of the
                                                programs, personnel, and operations of                  information on this matter by contacting              product. In its original determinations,
                                                the Commission including under 5                        the Commission’s TDD terminal on 202–                 the Commission defined a single
                                                U.S.C. Appendix 3; or (ii) by U.S.                      205–1810. Persons with mobility                       Domestic Industry as all producers of
                                                government employees and contract                       impairments who will need special                     CSPV cells and CSPV modules. One
                                                personnel,2 solely for cybersecurity                    assistance in gaining access to the                   firm was excluded from the Domestic
                                                purposes. All nonconfidential written                   Commission should contact the Office                  Industry under the related parties
                                                submissions will be available for public                of the Secretary at 202–205–2000.                     provision.
                                                inspection at the Office of the Secretary               General information concerning the                       (5) The Order Date is the date that the
                                                and on EDIS.3                                           Commission may also be obtained by                    antidumping and countervailing duty
                                                  This action is taken under the                        accessing its internet server (https://               orders under review became effective. In
                                                authority of section 337 of the Tariff Act              www.usitc.gov). The public record for                 these reviews, the Order Date is
                                                of 1930, as amended (19 U.S.C. 1337),                   this proceeding may be viewed on the                  December 7, 2012.
                                                and of §§ 201.10 and 210.8(c) of the                    Commission’s electronic docket (EDIS)                    (6) An Importer is any person or firm
                                                Commission’s Rules of Practice and                      at https://edis.usitc.gov.                            engaged, either directly or through a
                                                Procedure (19 CFR 201.10, 210.8(c)).                    SUPPLEMENTARY INFORMATION:                            parent company or subsidiary, in
                                                                                                           Background.—On December 7, 2012,                   importing the Subject Merchandise into
                                                  By order of the Commission.                                                                                 the United States from a foreign
                                                                                                        the Department of Commerce issued
                                                  Issued: October 26, 2017.                                                                                   manufacturer or through its selling
                                                                                                        antidumping and countervailing duty
                                                Lisa R. Barton,                                         orders on imports of crystalline silicon              agent.
                                                Secretary to the Commission.                            photovoltaic cells and modules from                      Participation in the proceeding and
                                                [FR Doc. 2017–23730 Filed 10–31–17; 8:45 am]            China (77 FR 73017–73021). The                        public service list.—Persons, including
                                                BILLING CODE 7020–02–P                                  Commission is conducting reviews                      industrial users of the Subject
                                                                                                        pursuant to section 751(c) of the Act, as             Merchandise and, if the merchandise is
                                                                                                        amended (19 U.S.C. 1675(c)), to                       sold at the retail level, representative
                                                INTERNATIONAL TRADE                                     determine whether revocation of the                   consumer organizations, wishing to
                                                COMMISSION                                              orders would be likely to lead to                     participate in the proceeding as parties
                                                                                                        continuation or recurrence of material                must file an entry of appearance with
                                                [Investigation Nos. 701–TA–481 and 731–                 injury to the domestic industry within                the Secretary to the Commission, as
                                                TA–1190 (Review)]                                       a reasonably foreseeable time.                        provided in section 201.11(b)(4) of the
                                                                                                        Provisions concerning the conduct of                  Commission’s rules, no later than 21
                                                Crystalline Silicon Photovoltaic Cells                  this proceeding may be found in the                   days after publication of this notice in
                                                and Modules From China; Institution of                  Commission’s Rules of Practice and                    the Federal Register. The Secretary will
                                                Five-Year Reviews                                       Procedure at 19 CFR parts 201, subparts               maintain a public service list containing
                                                                                                        A and B and 19 CFR part 207, subparts                 the names and addresses of all persons,
                                                AGENCY: United States International                     A and F. The Commission will assess                   or their representatives, who are parties
                                                Trade Commission.                                       the adequacy of interested party                      to the proceeding.
                                                ACTION: Notice.                                         responses to this notice of institution to               Former Commission employees who
                                                                                                        determine whether to conduct full or                  are seeking to appear in Commission
                                                SUMMARY:    The Commission hereby gives                 expedited reviews. The Commission’s                   five-year reviews are advised that they
                                                notice that it has instituted reviews                   determinations in any expedited                       may appear in a review even if they
                                                pursuant to the Tariff Act of 1930 (‘‘the               reviews will be based on the facts                    participated personally and
                                                Act’’), as amended, to determine                        available, which may include                          substantially in the corresponding
                                                whether revocation of the antidumping                   information provided in response to this              underlying original investigation or an
                                                and countervailing duty orders on                       notice.                                               earlier review of the same underlying
                                                crystalline silicon photovoltaic cells and                 Definitions.—The following                         investigation. The Commission’s
                                                modules from China would be likely to                   definitions apply to these reviews:                   designated agency ethics official has
                                                lead to continuation or recurrence of                      (1) Subject Merchandise is the class or            advised that a five-year review is not the
                                                material injury. Pursuant to the Act,                   kind of merchandise that is within the                same particular matter as the underlying
                                                interested parties are requested to                     scope of the five-year reviews, as                    original investigation, and a five-year
                                                respond to this notice by submitting the                defined by the Department of                          review is not the same particular matter
                                                information specified below to the                      Commerce.                                             as an earlier review of the same
                                                Commission.                                                (2) The Subject Country in these                   underlying investigation for purposes of
                                                DATES: Instituted November 1, 2017. To                  reviews is China.                                     18 U.S.C. 207, the post employment
                                                be assured of consideration, the                           (3) The Domestic Like Product is the               statute for Federal employees, and
                                                deadline for responses is December 1,                   domestically produced product or                      Commission rule 201.15(b) (19 CFR
                                                                                                        products which are like, or in the                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),
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                                                2017. Comments on the adequacy of
                                                responses may be filed with the                         absence of like, most similar in                      73 FR 24609 (May 5, 2008).
                                                Commission by January 16, 2018.                         characteristics and uses with, the                    Consequently, former employees are not
                                                                                                        Subject Merchandise. In its original                  required to seek Commission approval
                                                  2 All contract personnel will sign appropriate
                                                                                                        determinations, the Commission                        to appear in a review under Commission
                                                nondisclosure agreements.                               defined a single Domestic Like Product,               rule 19 CFR 201.15, even if the
                                                  3 Electronic Document Information System              CPSV cells and CPSV modules,                          corresponding underlying original
                                                (EDIS): https://edis.usitc.gov.                         corresponding to Commerce’s scope.                    investigation or an earlier review of the


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Document Created: 2017-11-01 02:03:12
Document Modified: 2017-11-01 02:03:12
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 50680 

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