83 FR 16127 - Certain Carbon and Alloy Steel Products; Commission Determination To Terminate the Investigation in Its Entirety

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 72 (April 13, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to terminate the investigation in its entirety.

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Page 16127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07666]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1002]


Certain Carbon and Alloy Steel Products; Commission Determination 
To Terminate the Investigation in Its Entirety

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 determined to terminate the investigation in its 
entirety.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2301. 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: The Commission instituted Inv. No. 337-TA-
1002 on June 2, 2016, based on a complaint filed by complainant United 
States Steel Corporation of Pittsburgh, Pennsylvania (``U.S. Steel''), 
alleging a violation of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''). See 81 FR 35381 (June 2, 
2016). The complaint alleges violations of section 337 based upon the 
importation into the United States, or in the sale after importation of 
certain carbon and alloy steel products by reason of: (1) A conspiracy 
to fix prices and control output and export volumes, the threat or 
effect of which is to restrain or monopolize trade and commerce in the 
United States; (2) misappropriation and use of trade secrets, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States; and (3) false designation of origin or 
manufacturer, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. Id. The notice 
of investigation identified forty (40) respondents that are Chinese 
steel manufacturers or distributors, as well as some of their Hong Kong 
and United States affiliates. Id. In addition, the Office of Unfair 
Import Investigations is also a party in this investigation. Id. 
Eighteen (18) respondents participated in the investigation and all 
other respondents were found in default, including fifteen (15) 
respondents that are subject to the false designation of origin claim 
(``Defaulting Respondents''). See Comm'n Notice (Oct. 14, 2016), Comm'n 
Notice (Oct. 18, 2016), Comm'n Notice (Nov. 18, 2016).
    On August 26, 2016, the participating respondents filed a motion to 
terminate U.S. Steel's antitrust claim under 19 CFR 210.21. On November 
14, 2016, the presiding administrative law judge (``ALJ'') issued an 
initial determination (``ID''), granting Respondents' motion to 
terminate Complainant's antitrust claim under 19 CFR 210.21 and, in the 
alternative, under 19 CFR 210.18. Order No. 38 (Nov. 14, 2016). On 
December 19, 2016, the Commission issued a Notice determining to review 
Order No. 38. See 81 FR 94416-7 (Dec. 23, 2016). On April 20, 2017, the 
Commission held an oral argument on the issue of whether a complainant 
alleging a violation of section 337 based on antitrust law must show 
antitrust injury.
    On February 15, 2017, U.S. Steel filed a motion to partially 
terminate the investigation on the basis of withdrawal of its trade 
secret allegations, which were alleged against only certain of the 
participating respondents. On February 22, 2017, the ALJ issued an ID, 
granting U.S. Steel's motion to terminate the investigation with 
respect to its trade secret allegations. Order No. 56 (Feb. 22, 2017). 
On March 24, 2017, the Commission determined not to review Order No. 
56. Comm'n Notice (Mar. 24, 2017).
    On October 2, 2017, the ALJ issued an ID, granting the remaining 
participating respondents' motions for summary determination of no 
section 337 violation based on false designation of origin. Order No. 
103 (Oct. 2, 2017). On November 1, 2017, the Commission determined not 
to review Order No. 103. Comm'n Notice (Nov. 1, 2017).
    On March 19, 2018, the Commission terminated the investigation as 
to the antitrust claim. Notice (Mar. 19, 2018). In the same notice, the 
Commission requested briefing on remedy, public interest, and bonding 
concerning the previously defaulted respondents subject to the false 
designation of origin claim. Id.
    On March 30, 2018, U.S. Steel submitted a letter indicating that it 
did not intend to file a response to the Commission's request for 
briefing on remedy, public interest, and bonding concerning the 
previously defaulted respondents subject to the false designation of 
origin claim. Also on March 30, 2018, OUII filed a response to the 
Commission's notice, recommending that the Commission decline to issue 
remedial orders against the Defaulting Respondents under the 
circumstances.
    The Commission is authorized to issue relief against defaulters 
pursuant to section 337(g)(1) ``upon request'' from the complainant. 19 
U.S.C. 1337(g)(1). Because U.S. Steel has abandoned its request, as 
stated in the complaint, for a remedy against the Defaulting 
Respondents, the Commission has determined to terminate the 
investigation in its entirety.
    The authority for the Commission's determination is contained in 
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 
part 210).

    By order of the Commission.

    Issued: April 9, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-07666 Filed 4-12-18; 8:45 am]
 BILLING CODE 7020-02-P