82_FR_54632 82 FR 54411 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 54411 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range54411-54412
FR Document2017-24921

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Microperforated Packaging Containing Fresh Produce, DN 3273; 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 221 (Friday, November 17, 2017)
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54411-54412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24921]


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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 Microperforated 
Packaging Containing Fresh Produce, DN 3273; 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 Windham Packaging, LLC on 
November 13, 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 microperforated packaging 
containing fresh produce. The complaint names as respondents Alpine 
Fresh, Inc. of Miami, FL; Apio, Inc. of Guadalupe, CA; B & G Foods 
North America, Inc. of Parsippany, NJ; Glory Foods, Inc. of Columbus, 
OH; Mann Packing Co., Inc. of Salinas, CA; and Taylor Farms California, 
Inc. of Salinas, CA. 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

[[Page 54412]]

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. 3273'') 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.

    Issued: November 13, 2017.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2017-24921 Filed 11-16-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices                                           54411

                                                Management Plans will be described by                   • Nampa Public Library, 215 12th                      FOR FURTHER INFORMATION CONTACT:      Lisa
                                                the USFS in its NOA for the B2H Project                    Avenue South Nampa, ID 83651                       R. Barton, Secretary to the Commission,
                                                Final EIS and Approved Land-use Plan                    • Lizard Butte Library, 111 S 3rd Ave.                U.S. International Trade Commission,
                                                Amendments and its draft USFS ROD to                       W., Marsing                                        500 E Street SW., Washington, DC
                                                be issued for comment following the                        On November 28, 2016, the NOA for                  20436, telephone (202) 205–2000. The
                                                BLM ROD.                                                the B2H Project Final EIS and Proposed                public version of the complaint can be
                                                  Copies of the Final EIS and ROD are                   Land-use Plan Amendments (81 FR                       accessed on the Commission’s
                                                available for public review during                      85632) was published in the Federal                   Electronic Document Information
                                                normal business hours at the following                  Register. The publication of the NOA                  System (EDIS) at https://edis.usitc.gov,
                                                locations in Oregon:                                    initiated a 30-day protest period for the             and will be available for inspection
                                                • Baker County Planning Department,                     proposed land-use planning decision, as               during official business hours (8:45 a.m.
                                                  1995 Third St., Baker City                            well as a simultaneous 60-day review by               to 5:15 p.m.) in the Office of the
                                                • Baker County Library, 2400 Resort St.,                the Governor of Oregon to identify any                Secretary, U.S. International Trade
                                                  Baker City                                            inconsistencies with State or local                   Commission, 500 E Street SW.,
                                                • BLM Baker Field Office, 3285 11th                     plans, policies, or programs. At the                  Washington, DC 20436, telephone (202)
                                                  St., Baker City                                       close of the 30-day protest period, 53                205–2000.
                                                • Boardman City Library, 200 S. Main                    protests were received. These protests                   General information concerning the
                                                  St., Boardman                                         were resolved by the BLM Director;                    Commission may also be obtained by
                                                • Harney County Public Library, 80 W.                   individual protest response letters were              accessing its Internet server at United
                                                  D St., Burns                                          sent to all protesting parties. Protest               States International Trade Commission
                                                • Grant County Planning Department,                     resolution is contained in the Director’s             (USITC) at https://www.usitc.gov. The
                                                  201 S. Humboldt St., Canyon City                      Protest Summary Report, which is                      public record for this investigation may
                                                • BLM Burns District Office, 28910                      available online at http://www.blm.gov/               be viewed on the Commission’s
                                                  Hwy 20 W., Hines                                      pgdata/content/wo/en/prog/planning/                   Electronic Document Information
                                                • Hermiston Public Library, 235 E.                                                                            System (EDIS) at https://edis.usitc.gov.
                                                                                                        planningoverview/protest_
                                                  Gladys Avenue, Hermiston                                                                                    Hearing-impaired persons are advised
                                                                                                        resolution.html. The proposed Land-use
                                                • Morrow County Planning Department,                                                                          that information on this matter can be
                                                                                                        Plan Amendments were not modified as
                                                  205 NE. Third St., Irrigon                                                                                  obtained by contacting the
                                                • Grant County Library, 507 S. Canyon                   a result of the protest resolution, and the
                                                                                                        Oregon Governor’s review did not                      Commission’s TDD terminal on (202)
                                                  Blvd., John Day                                                                                             205–1810.
                                                • La Grande Public Library, 2006                        identify any inconsistencies.
                                                                                                           Approval of this decision by the                   SUPPLEMENTARY INFORMATION: The
                                                  Fourth St., La Grande
                                                • Union County Planning Department,                     Acting Assistant Secretary—Land and                   Commission has received a complaint
                                                  1001 4th St., Suite C, La Grande                      Minerals Management is not subject to                 and a submission pursuant to § 210.8(b)
                                                • USFS Wallowa-Whitman National                         administrative appeal (43 CFR                         of the Commission’s Rules of Practice
                                                  Forest Office, La Grande Ranger                       4.410(a)(3)). Additionally, any challenge             and Procedure filed on behalf of
                                                  District, 3502 Highway 30, La Grande                  to this decision must be brought in                   Windham Packaging, LLC on November
                                                • USFS Wallowa-Whitman National                         Federal District Court and is subject to              13, 2017. The complaint alleges
                                                  Forest Headquarters, 1550 Dewey                       42 U.S.C. 4370m-6.                                    violations of section 337 of the Tariff
                                                  Ave., Baker City                                        Authority: 40 CFR 1506.6.                           Act of 1930 (19 U.S.C. 1337) in the
                                                • Pendleton Public Library, 502 SW.                                                                           importation into the United States, the
                                                                                                        Jamie E. Connell,                                     sale for importation, and the sale within
                                                  Dorion Ave., Pendleton
                                                • Umatilla County Planning                              State Director, Oregon/Washington.                    the United States after importation of
                                                  Department, 216 SE. Fourth St.,                       [FR Doc. 2017–25013 Filed 11–16–17; 8:45 am]          certain microperforated packaging
                                                  Pendleton                                             BILLING CODE 4310–33–P                                containing fresh produce. The
                                                • BLM Prineville District Office, 3050                                                                        complaint names as respondents Alpine
                                                  NE. 3rd St., Prineville                                                                                     Fresh, Inc. of Miami, FL; Apio, Inc. of
                                                • Ontario Library, 388 SW. Second                                                                             Guadalupe, CA; B & G Foods North
                                                  Ave., Ontario                                         INTERNATIONAL TRADE                                   America, Inc. of Parsippany, NJ; Glory
                                                • BLM Vale District Office, 100 Oregon                  COMMISSION                                            Foods, Inc. of Columbus, OH; Mann
                                                  St., Vale                                                                                                   Packing Co., Inc. of Salinas, CA; and
                                                                                                        Notice of Receipt of Complaint;
                                                • Malheur County Planning                                                                                     Taylor Farms California, Inc. of Salinas,
                                                                                                        Solicitation of Comments Relating to
                                                  Department, 251 B St. W., Vale                                                                              CA. The complainant requests that the
                                                • Oregon Department of Energy, 625                      the Public Interest
                                                                                                                                                              Commission issue a limited exclusion
                                                  Marion St. NE., Salem                                 AGENCY: U.S. International Trade                      order, cease and desist orders and
                                                • North Powder City Library, 290 E. St.,                Commission.                                           impose a bond upon respondents’
                                                  North Powder                                          ACTION: Notice.                                       alleged infringing articles during the 60-
                                                  Copies of the Final EIS and ROD are                                                                         day Presidential review period pursuant
                                                available for public review during                      SUMMARY:   Notice is hereby given that                to 19 U.S.C. 1337(j).
                                                normal business hours at the following                  the U.S. International Trade                             Proposed respondents, other
                                                locations in Idaho:                                     Commission has received a complaint                   interested parties, and members of the
                                                • BLM Boise District Office, 3948                       entitled Certain Microperforated                      public are invited to file comments, not
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Development Ave., Boise                               Packaging Containing Fresh Produce,                   to exceed five (5) pages in length,
                                                • Boise Public Library, 715 S. Capitol                  DN 3273; the Commission is soliciting                 inclusive of attachments, on any public
                                                  Blvd., Boise                                          comments on any public interest issues                interest issues raised by the complaint
                                                • BLM Owyhee Field Office, 20 First                     raised by the complaint or                            or § 210.8(b) filing. Comments should
                                                  Ave. W., Marsing                                      complainant’s filing pursuant to the                  address whether issuance of the relief
                                                • Owyhee County Planning                                Commission’s Rules of Practice and                    specifically requested by the
                                                  Department, 17069 Basey St., Murphy                   Procedure.                                            complainant in this investigation would


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                                                54412                       Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices

                                                affect the public health and welfare in                 statement of the reasons why the                      FOR FURTHER INFORMATION CONTACT:
                                                the United States, competitive                          Commission should grant such                          Robert Casanova (202–708–2719), Office
                                                conditions in the United States                         treatment. See 19 CFR 201.6. Documents                of Investigations, U.S. International
                                                economy, the production of like or                      for which confidential treatment by the               Trade Commission, 500 E Street SW.,
                                                directly competitive articles in the                    Commission is properly sought will be                 Washington, DC 20436. Hearing-
                                                United States, or United States                         treated accordingly. All such requests                impaired persons can obtain
                                                consumers.                                              should be directed to the Secretary to                information on this matter by contacting
                                                   In particular, the Commission is                     the Commission and must include a full                the Commission’s TDD terminal on 202–
                                                interested in comments that:                            statement of the reasons why the                      205–1810. Persons with mobility
                                                   (i) Explain how the articles                         Commission should grant such                          impairments who will need special
                                                potentially subject to the requested                    treatment. See 19 CFR 201.6. Documents                assistance in gaining access to the
                                                remedial orders are used in the United                  for which confidential treatment by the               Commission should contact the Office
                                                States;                                                 Commission is properly sought will be
                                                   (ii) Identify any public health, safety,                                                                   of the Secretary at 202–205–2000.
                                                                                                        treated accordingly. All information,
                                                or welfare concerns in the United States                                                                      General information concerning the
                                                                                                        including confidential business
                                                relating to the requested remedial                      information and documents for which                   Commission may also be obtained by
                                                orders;                                                 confidential treatment is properly                    accessing its internet server (https://
                                                   (iii) Identify like or directly                      sought, submitted to the Commission for               www.usitc.gov). The public record for
                                                competitive articles that complainant,                  purposes of this Investigation may be                 this review may be viewed on the
                                                its licensees, or third parties make in the             disclosed to and used: (i) By the                     Commission’s electronic docket (EDIS)
                                                United States which could replace the                   Commission, its employees and Offices,                at https://edis.usitc.gov.
                                                subject articles if they were to be                     and contract personnel (a) for                        SUPPLEMENTARY INFORMATION:      On
                                                excluded;                                               developing or maintaining the records                 October 20, 2017, the Commission
                                                   (iv) Indicate whether complainant,                   of this or a related proceeding, or (b) in
                                                complainant’s licensees, and/or third                                                                         established a schedule for the conduct
                                                                                                        internal investigations, audits, reviews,             of this full five-year review (82 FR
                                                party suppliers have the capacity to                    and evaluations relating to the
                                                replace the volume of articles                                                                                49661, October 26, 2017). The
                                                                                                        programs, personnel, and operations of
                                                potentially subject to the requested                                                                          Commission is revising its schedule.
                                                                                                        the Commission including under 5
                                                exclusion order and/or a cease and                      U.S.C. Appendix 3; or (ii) by U.S.                       The Commission’s new schedule for
                                                desist order within a commercially                      government employees and contract                     the review is as follows: The prehearing
                                                reasonable time; and                                    personnel,2 solely for cybersecurity                  conference (if needed) will be held on
                                                   (v) Explain how the requested                        purposes. All nonconfidential written                 February 26, 2018; the hearing will be
                                                remedial orders would impact United                     submissions will be available for public              held at the U.S. International Trade
                                                States consumers.                                       inspection at the Office of the Secretary             Commission Building at 9:30 a.m. on
                                                   Written submissions must be filed no                 and on EDIS.3                                         February 27, 2018; and the deadline for
                                                later than by close of business, eight                     This action is taken under the                     filing posthearing briefs is March 7,
                                                calendar days after the date of                         authority of section 337 of the Tariff Act            2018.
                                                publication of this notice in the Federal               of 1930, as amended (19 U.S.C. 1337),
                                                Register. There will be further                                                                                  For further information concerning
                                                                                                        and of §§ 201.10 and 210.8(c) of the
                                                opportunities for comment on the                                                                              this review see the Commission’s notice
                                                                                                        Commission’s Rules of Practice and
                                                public interest after the issuance of any                                                                     cited above and the Commission’s Rules
                                                                                                        Procedure (19 CFR 201.10, 210.8(c)).
                                                final initial determination in this                                                                           of Practice and Procedure, part 201,
                                                                                                          By order of the Commission.                         subparts A through E (19 CFR part 201),
                                                investigation.
                                                   Persons filing written submissions                     Issued: November 13, 2017.                          and part 207, subparts A, D, E, and F (19
                                                must file the original document                         Lisa R. Barton,                                       CFR part 207).
                                                electronically on or before the deadlines               Secretary to the Commission.
                                                                                                                                                                 Authority: This review is being
                                                stated above and submit 8 true paper                    [FR Doc. 2017–24921 Filed 11–16–17; 8:45 am]          conducted under authority of title VII of
                                                copies to the Office of the Secretary by                BILLING CODE 7020–02–P                                the Tariff Act of 1930; this notice is
                                                noon the next day pursuant to § 210.4(f)
                                                                                                                                                              published pursuant to section 207.62 of
                                                of the Commission’s Rules of Practice
                                                                                                                                                              the Commission’s rules.
                                                and Procedure (19 CFR 210.4(f)).                        INTERNATIONAL TRADE
                                                Submissions should refer to the docket                  COMMISSION                                              By order of the Commission.
                                                number (‘‘Docket No. 3273’’) in a                                                                               Issued: November 14, 2017.
                                                                                                        [Investigation No. 731–TA–860 (Third
                                                prominent place on the cover page and/                                                                        William R. Bishop,
                                                                                                        Review)]
                                                or the first page. (See Handbook for                                                                          Supervisory Hearings and Information
                                                Electronic Filing Procedures, Electronic                Tin- and Chromium-Coated Steel Sheet                  Officer.
                                                Filing Procedures.1) Persons with                       From Japan                                            [FR Doc. 2017–24980 Filed 11–16–17; 8:45 am]
                                                questions regarding filing should
                                                contact the Secretary (202–205–2000).                   AGENCY:   United States International                 BILLING CODE 7020–02–P

                                                   Any person desiring to submit a                      Trade Commission.
                                                document to the Commission in                           ACTION: Notice of revised schedule for
sradovich on DSK3GMQ082PROD with NOTICES




                                                confidence must request confidential                    full five-year review.
                                                treatment. All such requests should be
                                                directed to the Secretary to the                        DATES:   November 7, 2017.
                                                Commission and must include a full
                                                                                                          2 All contract personnel will sign appropriate
                                                  1 Handbook  for Electronic Filing Procedures:         nondisclosure agreements.
                                                https://www.usitc.gov/documents/handbook_on_              3 Electronic Document Information System

                                                filing_procedures.pdf.                                  (EDIS): https://edis.usitc.gov.



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Document Created: 2017-11-17 05:15:06
Document Modified: 2017-11-17 05:15:06
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 54411 

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