83 FR 2186 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 10 (January 16, 2018)
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2186-2187 | |
| FR Document | 2018-00605 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Notices] [Pages 2186-2187] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00605] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Healthcare Barcode Readers and Components Thereof, DN 3286; 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 The Code Corporation on January 09, 2018. 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 healthcare barcode readers and components thereof. The complaint names as respondents: Honeywell International Inc. of Morristown, NJ; Hand Held Products, Inc. of Fort Mill, SC; Intermec Technologies Corporation of Fort Mill, SC; Intermec IP Corp. of Fort Mill, SC; and Intermec Inc. of Lynwood, WA. The complainant requests that the Commission issue an exclusion order and cease and desist orders. 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. 3286) in a [[Page 2187]] prominent place on the cover page and/or the first page. (See Handbook for Electonic Filing Procedures, Electronic Filing Procedures \1\). Persons with questions regarding filing should contact the Secretary (202-205-2000). --------------------------------------------------------------------------- \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \2\ All contract personnel will sign appropriate nondisclosure agreements. \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov. --------------------------------------------------------------------------- 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: January 10, 2018. Katherine M. Hiner, Supervisory Attorney. [FR Doc. 2018-00605 Filed 1-12-18; 8:45 am] BILLING CODE 7020-02-P
![2186 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
7756; email: dvankote@blm.gov; or U.S. INTERNATIONAL TRADE Technologies Corporation of Fort Mill,
Postal Service: BLM–ES, 20 M Street SE, COMMISSION SC; Intermec IP Corp. of Fort Mill, SC;
Washington, DC 20003. Attn: Cadastral and Intermec Inc. of Lynwood, WA. The
Survey. Persons who use a Notice of Receipt of Complaint; complainant requests that the
telecommunications device for the deaf Solicitation of Comments Relating to Commission issue an exclusion order
may call the Federal Information Relay the Public Interest and cease and desist orders.
Service (FIRS) at 1–800–877–8339 to Proposed respondents, other
AGENCY: U.S. International Trade
contact the above individual during interested parties, and members of the
Commission.
normal business hours. The FIRS is public are invited to file comments, not
ACTION: Notice. to exceed five (5) pages in length,
available 24 hours a day, 7 days a week,
to leave a message or question with the SUMMARY: Notice is hereby given that inclusive of attachments, on any public
above individual. You will receive a the U.S. International Trade interest issues raised by the complaint
reply during normal business hours. Commission has received a complaint or § 210.8(b) filing. Comments should
entitled Certain Healthcare Barcode address whether issuance of the relief
SUPPLEMENTARY INFORMATION: The plat, specifically requested by the
incorporating the field notes describe Readers and Components Thereof, DN
3286; the Commission is soliciting complainant in this investigation would
the dependent resurvey of a portion of affect the public health and welfare in
the north boundary, a portion of the comments on any public interest issues
raised by the complaint or the United States, competitive
subdivisional lines, the east and west conditions in the United States
complainant’s filing pursuant to the
center line of section 2; and the survey economy, the production of like or
Commission’s Rules of Practice and
of the subdivision of section 2, the directly competitive articles in the
Procedure.
division of accretion in section 2, a United States, or United States
portion of the present day meanders of FOR FURTHER INFORMATION CONTACT: Lisa
consumers.
section 2, an informational traverse of a R. Barton, Secretary to the Commission, In particular, the Commission is
portion of the present day meanders of U.S. International Trade Commission, interested in comments that:
section 2, and an informational traverse 500 E Street SW, Washington, DC (i) Explain how the articles
of the adjusted 1852 connecting traverse 20436, telephone (202) 205–2000. The potentially subject to the requested
line, of Township 48 North, Range 3 public version of the complaint can be remedial orders are used in the United
West, in the Fourth Principal Meridian accessed on the Commission’s States;
in the State of Wisconsin., accepted Electronic Document Information (ii) identify any public health, safety,
December 6, 2017. System (EDIS) at https://edis.usitc.gov, or welfare concerns in the United States
and will be available for inspection relating to the requested remedial
A person or party who wishes to during official business hours (8:45 a.m.
protest the above survey must file a orders;
to 5:15 p.m.) in the Office of the (iii) identify like or directly
written notice of protest within 30 Secretary, U.S. International Trade
calendar days from the date of this competitive articles that complainant,
Commission, 500 E Street SW, its licensees, or third parties make in the
publication at the address listed in the Washington, DC 20436, telephone (202)
ADDRESSES section of this notice. A United States which could replace the
205–2000. subject articles if they were to be
statement of reasons for the protest may General information concerning the
be filed with the notice of protest and excluded;
Commission may also be obtained by (iv) indicate whether complainant,
must be filed within 30 days after the accessing its internet server at United
protest is filed. If a protest against the complainant’s licensees, and/or third
States International Trade Commission party suppliers have the capacity to
survey is received prior to the date of (USITC) at https://www.usitc.gov . The
official filing, the filing will be stayed replace the volume of articles
public record for this investigation may potentially subject to the requested
pending consideration of the protest. A be viewed on the Commission’s
plat will not be officially filed until the exclusion order and/or a cease and
Electronic Document Information desist order within a commercially
day after all protests have been System (EDIS) at https://edis.usitc.gov.
dismissed or otherwise resolved. Before reasonable time; and
Hearing-impaired persons are advised (v) explain how the requested
including your address, phone number, that information on this matter can be
email address, or other personal remedial orders would impact United
obtained by contacting the States consumers.
identifying information in your Commission’s TDD terminal on (202) Written submissions must be filed no
comment, please be aware that your 205–1810. later than by close of business, eight
entire protest, including your personal SUPPLEMENTARY INFORMATION: The calendar days after the date of
identifying information may be made Commission has received a complaint publication of this notice in the Federal
publicly available at any time. While and a submission pursuant to § 210.8(b) Register. There will be further
you can ask us in your comment to of the Commission’s Rules of Practice opportunities for comment on the
withhold your personal identifying and Procedure filed on behalf of The public interest after the issuance of any
information from public review, we Code Corporation on January 09, 2018. final initial determination in this
cannot guarantee that we will be able to The complaint alleges violations of investigation.
do so. section 337 of the Tariff Act of 1930 (19 Persons filing written submissions
A copy of the described plat will be U.S.C. 1337) in the importation into the must file the original document
placed in the open files, and available United States, the sale for importation, electronically on or before the deadlines
daltland on DSKBBV9HB2PROD with NOTICES
to the public as a matter of information. and the sale within the United States stated above and submit 8 true paper
Authority: 43 U.S.C. Chap. 3. after importation of certain healthcare copies to the Office of the Secretary by
barcode readers and components noon the next day pursuant to § 210.4(f)
Dominica J. VanKoten, thereof. The complaint names as of the Commission’s Rules of Practice
Chief Cadastral Surveyor. respondents: Honeywell International and Procedure (19 CFR 210.4(f)).
[FR Doc. 2018–00584 Filed 1–12–18; 8:45 am] Inc. of Morristown, NJ; Hand Held Submissions should refer to the docket
BILLING CODE 4310–GJ–P Products, Inc. of Fort Mill, SC; Intermec number (Docket No. 3286) in a
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![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2187
prominent place on the cover page and/ DEPARTMENT OF JUSTICE Fifth Street NW, Suite 8700, Washington, DC
or the first page. (See Handbook for 20530 and State of Tennessee, Attorney
Electonic Filing Procedures, Electronic Antitrust Division General’s Office, 500 Charlotte Avenue,
Nashville, Tennessee 37202 Plaintiffs, v.
Filing Procedures 1). Persons with Vulcan Materials Company, 1200 Urban
questions regarding filing should United States v. Vulcan Materials
Company, SPO Partners II, L.P., and Center Drive, Birmingham, Alabama 35242,
contact the Secretary (202–205–2000). SPO Partners II, L.P., 591 Redwood Highway,
Aggregates USA, LLC, Proposed Final Suite 3215, Mill Valley, California 94941, and
Any person desiring to submit a Judgment and Competitive Impact Aggregates USA, LLC, 3300 Cahaba Road,
document to the Commission in Statement Suite 320, Birmingham, Alabama 35223
confidence must request confidential Defendants.
treatment. All such requests should be Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act, Civil Action No: 1:17–cv–02761
directed to the Secretary to the Judge: Amit Mehta
Commission and must include a full 15 U.S.C. 16(b)–(h), that a proposed
statement of the reasons why the Final Judgment, Stipulation, and COMPLAINT
Commission should grant such Competitive Impact Statement have Plaintiffs, the United States of
treatment. See 19 CFR 201.6. Documents been filed with the United States America (‘‘United States’’), acting under
for which confidential treatment by the District Court for the District of the direction of the Attorney General of
Commission is properly sought will be Columbia in United States of America v. the United States, and the State of
treated accordingly. All such requests Vulcan Materials Company, SPO Tennessee, acting by and through the
should be directed to the Secretary to Partners, II, L.P., and Aggregates USA, Attorney General of Tennessee, bring
the Commission and must include a full LLC, Civil Action No. 1:17–cv–02761. this civil antitrust action against
statement of the reasons why the On December 22, 2017, the United Defendants to enjoin Vulcan Materials
States and the State of Tennessee filed Company’s (‘‘Vulcan’’) proposed
Commission should grant such
a Complaint alleging that Vulcan acquisition of Aggregates USA, LLC
treatment. See 19 CFR 201.6. Documents
Material Company’s proposed (‘‘Aggregates USA’’) from SPO Partners
for which confidential treatment by the
acquisition of Aggregates USA, LLC II, L.P. (‘‘SPO Partners’’). Plaintiffs
Commission is properly sought will be
would violate Section 7 of the Clayton complain and allege as follows:
treated accordingly. All information,
Act, 15 U.S.C. 18. The proposed Final
including confidential business I. INTRODUCTION
Judgment, filed at the same time as the
information and documents for which
Complaint, requires Defendants to 1. Vulcan’s proposed acquisition of
confidential treatment is properly
divest all of Aggregates USA’s active Aggregate USA’s quarries would secure
sought, submitted to the Commission for
quarries, plants, and yards in the Vulcan’s control over the supply of
purposes of this Investigation may be
Knoxville, Tennessee, Tri-Cities, coarse aggregate necessary to complete
disclosed to and used: (i) By the
Tennessee, and Abingdon, Virginia various construction projects in parts of
Commission, its employees and Offices,
areas. These divestitures include east Tennessee and southwest Virginia.
and contract personnel (a) for
seventeen Aggregates USA facilities. Coarse aggregate is one of the primary
developing or maintaining the records Copies of the Complaint, proposed
of this or a related proceeding, or (b) in materials used to build, pave, and repair
Final Judgment, and Competitive Impact roads and is used widely in other types
internal investigations, audits, reviews, Statement are available for inspection
and evaluations relating to the of construction. Coarse aggregate is an
on the Antitrust Division’s website at essential input in asphalt concrete,
programs, personnel, and operations of http://www.justice.gov/atr and at the
the Commission including under 5 which is used to pave roads, and ready
Office of the Clerk of the United States mix concrete, which is used to create
U.S.C. Appendix 3; or (ii) by U.S. District Court for the District of
government employees and contract bridges and is a structural element of
Columbia. Copies of these materials may many buildings. Coarse aggregate is also
personnel,2 solely for cybersecurity be obtained from the Antitrust Division
purposes. All nonconfidential written needed for other phases of construction,
upon request and payment of the such as the base layer of rock that
submissions will be available for public copying fee set by Department of Justice
inspection at the Office of the Secretary provides a foundation for paved roads
regulations. and large buildings. Vulcan currently
and on EDIS.3 Public comment is invited within 60 supplies coarse aggregate in east
This action is taken under the days of the date of this notice. Such Tennessee and southwest Virginia and
authority of section 337 of the Tariff Act comments, including the name of the already holds a significant market share
of 1930, as amended (19 U.S.C. 1337), submitter, and responses thereto, will be in each region.
and of §§ 201.10 and 210.8(c) of the posted on the Antitrust Division’s 2. Vulcan and Aggregates USA are the
Commission’s Rules of Practice and website, filed with the Court, and, under primary suppliers of coarse aggregate for
Procedure (19 CFR 201.10, 210.8(c)). certain circumstances, published in the projects in parts of east Tennessee and
By order of the Commission. Federal Register. Comments should be southwest Virginia, together supplying
directed to Maribeth Petrizzi, Chief, nearly all of the coarse aggregate
Issued: January 10, 2018.
Defense, Industrials, and Aerospace purchased directly by the Tennessee
Katherine M. Hiner, Section, Antitrust Division, Department and Virginia Departments of
Supervisory Attorney. of Justice, 450 Fifth Street NW, Suite Transportation (‘‘DOT’’) or purchased
[FR Doc. 2018–00605 Filed 1–12–18; 8:45 am] 8700, Washington, DC 20530 by contractors for use in Tennessee and
BILLING CODE 7020–02–P (telephone: (202) 307–0924). Virginia DOT projects. Vulcan and
daltland on DSKBBV9HB2PROD with NOTICES
Patricia A. Brink, Aggregates USA are also the two leading
1 Handbook for Electronic Filing Procedures: Director of Civil Enforcement. suppliers of coarse aggregate used in
https://www.usitc.gov/documents/handbook_on_ private construction projects in parts of
filing_procedures.pdf. UNITED STATES DISTRICT COURT
2 All contract personnel will sign appropriate
east Tennessee and southwest Virginia.
FOR THE DISTRICT OF COLUMBIA The proposed acquisition would
nondisclosure agreements.
3 Electronic Document Information System United States of America, United States eliminate the head-to-head competition
(EDIS): https://edis.usitc.gov. Department of Justice, Antitrust Division, 450 between Vulcan and Aggregates USA.
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2196/page/2.svg)
Document Created: 2018-01-13 02:02:16
Document Modified: 2018-01-13 02:02:16
| 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 | 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. | |
| FR Citation | 83 FR 2186 |
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