83 FR 13515 - Certain Programmable Logic Controllers (PLCs) Components Thereof, and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 61 (March 29, 2018)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 19, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Radwell International, Inc., of Willingboro, New Jersey. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain programmable logic controllers (PLCs), components thereof, and products containing same by reason of: (1) A conspiracy to fix resale prices in violation of Section 1 of the Sherman Act; (2) a conspiracy to boycott resellers in violation of Section 1 of the Sherman Act; and (3) monopolization in violation of Section 2 of the Sherman Act, the threat or effect of which is to destroy or substantially injure a domestic industry in the United States, or to restrain or monopolize trade and commerce in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13515-13516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06377]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1105]


Certain Programmable Logic Controllers (PLCs) Components Thereof, 
and Products Containing Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 19, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Radwell 
International, Inc., of Willingboro, New Jersey. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain programmable logic controllers (PLCs), 
components thereof, and products containing same by reason of: (1) A 
conspiracy to fix resale prices in violation of Section 1 of the 
Sherman Act; (2) a conspiracy to boycott resellers in violation of 
Section 1 of the Sherman Act; and (3) monopolization in violation of 
Section 2 of the Sherman Act, the threat or effect of which is to 
destroy or substantially injure a domestic industry in the United 
States, or to restrain or monopolize trade and commerce in the United 
States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 23, 2018, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(A) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain programmable 
logic controllers (PLCs), components thereof, and products containing 
same by reason of: (1) A conspiracy to fix resale prices in violation 
of Section 1 of the Sherman Act; (2) a conspiracy to boycott resellers 
in violation of Section 1 of the Sherman Act; and (3) monopolization in 
violation of Section 2 of the Sherman Act, the threat or effect of 
which is to destroy or substantially injure a domestic industry in the 
United States, or to restrain or monopolize trade and commerce in the 
United States;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Radwell International, Inc., 1 Millennium 
Drive, Willingboro, NJ 08046.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Rockwell Automation, Inc., 1201 South 2nd Street, 
Milwaukee, WI 53204-2410.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as

[[Page 13516]]

alleged in the complaint and this notice and to enter an initial 
determination and a final determination containing such findings, and 
may result in the issuance of an exclusion order or a cease and desist 
order or both directed against the respondent.

    By order of the Commission.

    Issued: March 26, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-06377 Filed 3-28-18; 8:45 am]
 BILLING CODE 7020-02-P