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)

Page Range		16127-16127
FR Document		2018-07666

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

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

[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

Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices 16127

Reclamation to secure the needed contacting the Commission’s TDD of its trade secret allegations, which
services. If a request cannot be honored, terminal on (202) 205–1810. were alleged against only certain of the
the requestor will be notified. TTY users SUPPLEMENTARY INFORMATION: The participating respondents. On February
may dial 711 to obtain a toll-free TTY Commission instituted Inv. No. 337– 22, 2017, the ALJ issued an ID, granting
relay. TA–1002 on June 2, 2016, based on a U.S. Steel’s motion to terminate the
complaint filed by complainant United investigation with respect to its trade
Public Disclosure
States Steel Corporation of Pittsburgh, secret allegations. Order No. 56 (Feb. 22,
Before including your address, phone Pennsylvania (‘‘U.S. Steel’’), alleging a 2017). On March 24, 2017, the
number, email address, or other violation of section 337 of the Tariff Act Commission determined not to review
personal identifying information in your of 1930, as amended, 19 U.S.C. 1337 Order No. 56. Comm’n Notice (Mar. 24,
comment, you should be aware that (‘‘section 337’’). See 81 FR 35381 (June 2017).
your entire comment—including your 2, 2016). The complaint alleges On October 2, 2017, the ALJ issued an
personal identifying information—may violations of section 337 based upon the ID, granting the remaining participating
be made publicly available at any time. importation into the United States, or in respondents’ motions for summary
While you can ask us in your comment the sale after importation of certain determination of no section 337
to withhold your personal identifying carbon and alloy steel products by violation based on false designation of
information from public review, we reason of: (1) A conspiracy to fix prices origin. Order No. 103 (Oct. 2, 2017). On
cannot guarantee that we will be able to and control output and export volumes, November 1, 2017, the Commission
do so. the threat or effect of which is to determined not to review Order No. 103.
Dated: April 6, 2018. restrain or monopolize trade and Comm’n Notice (Nov. 1, 2017).
Lorri J. Gray, commerce in the United States; (2) On March 19, 2018, the Commission
Regional Director, Pacific Northwest Region. misappropriation and use of trade terminated the investigation as to the
[FR Doc. 2018–07737 Filed 4–12–18; 8:45 am] secrets, the threat or effect of which is antitrust claim. Notice (Mar. 19, 2018).
BILLING CODE 4332–90–P
to destroy or substantially injure an In the same notice, the Commission
industry in the United States; and (3) requested briefing on remedy, public
false designation of origin or interest, and bonding concerning the
manufacturer, the threat or effect of previously defaulted respondents
INTERNATIONAL TRADE which is to destroy or substantially
COMMISSION subject to the false designation of origin
injure an industry in the United States. claim. Id.
[Investigation No. 337–TA–1002] Id. The notice of investigation identified
On March 30, 2018, U.S. Steel
forty (40) respondents that are Chinese
submitted a letter indicating that it did
Certain Carbon and Alloy Steel steel manufacturers or distributors, as
not intend to file a response to the
Products; Commission Determination well as some of their Hong Kong and
Commission’s request for briefing on
To Terminate the Investigation in Its United States affiliates. Id. In addition,
remedy, public interest, and bonding
Entirety the Office of Unfair Import
concerning the previously defaulted
Investigations is also a party in this
AGENCY: U.S. International Trade respondents subject to the false
investigation. Id. Eighteen (18)
Commission. designation of origin claim. Also on
respondents participated in the
ACTION: Notice. March 30, 2018, OUII filed a response
investigation and all other respondents
to the Commission’s notice,
were found in default, including fifteen
SUMMARY: Notice is hereby given that recommending that the Commission
(15) respondents that are subject to the
the U.S. International Trade decline to issue remedial orders against
false designation of origin claim
Commission has determined to the Defaulting Respondents under the
(‘‘Defaulting Respondents’’). See
terminate the investigation in its circumstances.
Comm’n Notice (Oct. 14, 2016), Comm’n
entirety. Notice (Oct. 18, 2016), Comm’n Notice The Commission is authorized to
FOR FURTHER INFORMATION CONTACT: (Nov. 18, 2016). issue relief against defaulters pursuant
Megan M. Valentine, Office of the On August 26, 2016, the participating to section 337(g)(1) ‘‘upon request’’ from
General Counsel, U.S. International respondents filed a motion to terminate the complainant. 19 U.S.C. 1337(g)(1).
Trade Commission, 500 E Street SW, U.S. Steel’s antitrust claim under 19 Because U.S. Steel has abandoned its
Washington, DC 20436, telephone (202) CFR 210.21. On November 14, 2016, the request, as stated in the complaint, for
708–2301. Copies of non-confidential presiding administrative law judge a remedy against the Defaulting
documents filed in connection with this (‘‘ALJ’’) issued an initial determination Respondents, the Commission has
investigation are or will be available for (‘‘ID’’), granting Respondents’ motion to determined to terminate the
inspection during official business terminate Complainant’s antitrust claim investigation in its entirety.
hours (8:45 a.m. to 5:15 p.m.) in the under 19 CFR 210.21 and, in the The authority for the Commission’s
Office of the Secretary, U.S. alternative, under 19 CFR 210.18. Order determination is contained in section
International Trade Commission, 500 E No. 38 (Nov. 14, 2016). On December 337 of the Tariff Act of 1930, as
Street SW, Washington, DC 20436, 19, 2016, the Commission issued a amended (19 U.S.C. 1337), and in Part
telephone (202) 205–2000. General Notice determining to review Order No. 210 of the Commission’s Rules of
information concerning the Commission 38. See 81 FR 94416–7 (Dec. 23, 2016). Practice and Procedure (19 CFR part
may also be obtained by accessing its On April 20, 2017, the Commission held 210).
daltland on DSKBBV9HB2PROD with NOTICES

internet server at https://www.usitc.gov. an oral argument on the issue of By order of the Commission.
The public record for this investigation whether a complainant alleging a Issued: April 9, 2018.
may be viewed on the Commission’s violation of section 337 based on
Lisa Barton,
electronic docket (EDIS) at https:// antitrust law must show antitrust injury.
edis.usitc.gov. Hearing-impaired On February 15, 2017, U.S. Steel filed Secretary to the Commission.
persons are advised that information on a motion to partially terminate the [FR Doc. 2018–07666 Filed 4–12–18; 8:45 am]
this matter can be obtained by investigation on the basis of withdrawal BILLING CODE 7020–02–P

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Document Created: 2018-04-13 00:18:21
Document Modified: 2018-04-13 00:18:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
FR Citation		83 FR 16127