83_FR_24035 83 FR 23935 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

83 FR 23935 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range23935-23936
FR Document2018-11006

Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Human Milk Oligosaccharides and Methods of Producing the Same, DN 3306; 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 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23935-23936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11006]


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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 an amended complaint entitled Certain Human 
Milk Oligosaccharides and Methods of Producing the Same, DN 3306; 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 an amended 
complaint and a submission pursuant to Sec.  210.8(b) of the 
Commission's Rules of Practice and Procedure filed on behalf of 
Glycosyn LLC on May 16, 2018. The original complaint was filed on April 
2, 2018 and a notice of receipt of complaint; solicitation of comments 
relating to the public interest was published in the Federal Register 
on April 6, 2018. The amended 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 human milk oligosaccharides 
and methods of producing the same. The amended complaint names as 
respondent: Jennewein Biotechnologie GmbH of Germany. The amended 
complaint alleges infringement of U.S. Patent Nos. 9,453,230 and 
9,970,018. The complainant requests that the Commission issue a limited 
exclusion

[[Page 23936]]

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 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. 3306) in a 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).
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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: May 18, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-11006 Filed 5-22-18; 8:45 am]
 BILLING CODE P



                                                                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                            23935

                                               substituting Federal enforcement of                     cannot guarantee that we will be able to              SUMMARY:   Notice is hereby given that
                                               state programs and withdrawing                          do so.                                                the U.S. International Trade
                                               approval of state programs. This                          This notice provides the public with                Commission has received an amended
                                               information collection activity was                     60 days in which to comment on the                    complaint entitled Certain Human Milk
                                               previously approved by the Office of                    following information collection                      Oligosaccharides and Methods of
                                               Management and Budget (OMB), and                        activity:                                             Producing the Same, DN 3306; the
                                               assigned control number 1029–0025.                        Title of Collection: 30 CFR part 733—               Commission is soliciting comments on
                                               DATES: Interested persons are invited to                Maintenance of State Programs and                     any public interest issues raised by the
                                               submit comments on or before July 23,                   Procedures for Substituting Federal                   complaint or complainant’s filing
                                               2018.                                                   Enforcement of State Programs and                     pursuant to the Commission’s Rules of
                                               ADDRESSES: Send your comments on                        Withdrawing Approval of State                         Practice and Procedure.
                                               this information collection request (ICR)               Programs.                                             FOR FURTHER INFORMATION CONTACT: Lisa
                                               by mail to: The Office of Surface Mining                  OMB Control Number: 1029–0025.                      R. Barton, Secretary to the Commission,
                                               Reclamation and Enforcement,                              Abstract: This Part allows any                      U.S. International Trade Commission,
                                               Information Collection Clearance                        interested person to request the Director             500 E Street SW, Washington, DC
                                               Officer, Attn: John Trelease, 1849 C                    of OSMRE evaluate a state program by                  20436, telephone (202) 205–2000. The
                                               Street NW, Mail Stop 4559, Washington,                  setting forth in the request a concise                public version of the complaint can be
                                               DC 20240. Comments may also be                          statement of facts that the person                    accessed on the Commission’s
                                               submitted electronically to jtrelease@                  believes establishes the need for the                 Electronic Document Information
                                               osmre.gov.                                              evaluation.                                           System (EDIS) at https://edis.usitc.gov,
                                                                                                         Form Number: None.                                  and will be available for inspection
                                               FOR FURTHER INFORMATION CONTACT: To                       Type of Review: Extension of a
                                               request additional information about                                                                          during official business hours (8:45 a.m.
                                                                                                       currently approved collection.                        to 5:15 p.m.) in the Office of the
                                               this ICR, contact John Trelease by email                  Respondents/Affected Public: Any
                                               at jtrelease@osmre.gov, or by telephone                                                                       Secretary, U.S. International Trade
                                                                                                       interested person (individuals,
                                               at (202) 208–2783.                                                                                            Commission, 500 E Street SW,
                                                                                                       businesses, institutions, organizations).
                                               SUPPLEMENTARY INFORMATION: In                                                                                 Washington, DC 20436, telephone (202)
                                                                                                         Total Estimated Number of Annual
                                               accordance with the Paperwork                                                                                 205–2000.
                                                                                                       Respondents: 1 individual or
                                               Reduction Act of 1995, we provide the                                                                            General information concerning the
                                                                                                       organization.
                                               general public and other Federal                                                                              Commission may also be obtained by
                                                                                                         Total Estimated Number of Annual
                                               agencies with an opportunity to                                                                               accessing its internet server at United
                                                                                                       Responses: 1.
                                               comment on new, proposed, revised,                        Estimated Completion Time per                       States International Trade Commission
                                               and continuing collections of                           Response: Varies from 20 hours to 100                 (USITC) at https://www.usitc.gov. The
                                               information. This helps us assess the                   hours, and an average of 60 hours.                    public record for this investigation may
                                               impact of our information collection                      Total Estimated Number of Annual                    be viewed on the Commission’s
                                               requirements and minimize the public’s                  Burden Hours: 60 hours.                               Electronic Document Information
                                               reporting burden. It also helps the                       Respondent’s Obligation: Required to                System (EDIS) at https://edis.usitc.gov.
                                               public understand our information                       obtain or retain a benefit.                           Hearing-impaired persons are advised
                                               collection requirements and provide the                   Frequency of Collection: Once.                      that information on this matter can be
                                               requested data in the desired format.                     Total Estimated Annual Nonhour                      obtained by contacting the
                                                  We are soliciting comments on the                    Burden Cost: $0.                                      Commission’s TDD terminal on (202)
                                               proposed ICR that is described below.                     An agency may not conduct or                        205–1810.
                                               We are especially interested in public                  sponsor and a person is not required to               SUPPLEMENTARY INFORMATION: The
                                               comment addressing the following                        respond to a collection of information                Commission has received an amended
                                               issues: (1) Is the collection necessary to              unless it displays a currently valid OMB              complaint and a submission pursuant to
                                               the proper functions of the OSMRE; (2)                  control number.                                       § 210.8(b) of the Commission’s Rules of
                                               is the estimate of burden accurate; (3)                   Authority: The authorities for this                 Practice and Procedure filed on behalf
                                               how might the OSMRE enhance the                         action are the Surface Mining Control                 of Glycosyn LLC on May 16, 2018. The
                                               quality, utility, and clarity of the                    and Reclamation Act of 1977, as                       original complaint was filed on April 2,
                                               information to be collected; and (4) how                amended (30 U.S.C. 1201 et seq.), and                 2018 and a notice of receipt of
                                               might the OSMRE minimize the burden                     the Paperwork Reduction Act of 1995                   complaint; solicitation of comments
                                               of this collection on the respondents,                  (44 U.S.C. 3501 et seq.).                             relating to the public interest was
                                               including through the use of                                                                                  published in the Federal Register on
                                                                                                       John A. Trelease,
                                               information technology.                                                                                       April 6, 2018. The amended complaint
                                                  Comments that you submit in                          Acting Chief, Division of Regulatory Support.         alleges violations of section 337 of the
                                               response to this notice are a matter of                 [FR Doc. 2018–10987 Filed 5–22–18; 8:45 am]           Tariff Act of 1930 (19 U.S.C. 1337) in
                                               public record. We will include or                       BILLING CODE 4310–05–P                                the importation into the United States,
                                               summarize each comment in our request                                                                         the sale for importation, and the sale
                                               to OMB to approve this ICR. Before                                                                            within the United States after
                                               including your address, phone number,                   INTERNATIONAL TRADE                                   importation of certain human milk
                                               email address, or other personal                        COMMISSION                                            oligosaccharides and methods of
                                               identifying information in your                                                                               producing the same. The amended
daltland on DSKBBV9HB2PROD with NOTICES




                                               comment, you should be aware that                       Notice of Receipt of Complaint;                       complaint names as respondent:
                                               your entire comment—including your                      Solicitation of Comments Relating to                  Jennewein Biotechnologie GmbH of
                                               personal identifying information—may                    the Public Interest                                   Germany. The amended complaint
                                               be made publicly available at any time.                 AGENCY: U.S. International Trade                      alleges infringement of U.S. Patent Nos.
                                               While you can ask us in your comment                    Commission.                                           9,453,230 and 9,970,018. The
                                               to withhold your personal identifying                                                                         complainant requests that the
                                                                                                       ACTION: Notice.
                                               information from public review, we                                                                            Commission issue a limited exclusion


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                                               23936                       Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               order, cease and desist orders, and                     or the first page. (See Handbook for                  INTERNATIONAL TRADE
                                               impose a bond upon respondents’                         Electonic Filing Procedures, Electronic               COMMISSION
                                               alleged infringing articles during the 60-              Filing Procedures.1) Persons with
                                                                                                                                                             [Investigation No. 337–TA–1113]
                                               day Presidential review period pursuant                 questions regarding filing should
                                               to 19 U.S.C. 1337(j).                                   contact the Secretary (202–205–2000).                 Certain Submarine Telecommunication
                                                  Proposed respondents, other
                                                                                                          Any person desiring to submit a                    Systems and Components Thereof;
                                               interested parties, and members of the
                                                                                                       document to the Commission in                         Institution of Investigation
                                               public are invited to file comments, not
                                               to exceed five (5) pages in length,                     confidence must request confidential                  AGENCY: U.S. International Trade
                                               inclusive of attachments, on any public                 treatment. All such requests should be                Commission.
                                               interest issues raised by the complaint                 directed to the Secretary to the
                                                                                                                                                             ACTION: Notice.
                                               or § 210.8(b) filing. Comments should                   Commission and must include a full
                                               address whether issuance of the relief                  statement of the reasons why the                      SUMMARY:   Notice is hereby given that a
                                               specifically requested by the                           Commission should grant such                          complaint was filed with the U.S.
                                               complainant in this investigation would                 treatment. See 19 CFR 201.6. Documents                International Trade Commission on
                                               affect the public health and welfare in                 for which confidential treatment by the               April 20, 2018, under section 337 of the
                                               the United States, competitive                          Commission is properly sought will be                 Tariff Act of 1930, as amended, on
                                               conditions in the United States                         treated accordingly. All such requests                behalf of NEC Corporation of Japan and
                                               economy, the production of like or                      should be directed to the Secretary to                NEC Corporation of America of Irving,
                                               directly competitive articles in the                    the Commission and must include a full                Texas. The complaint alleges violations
                                               United States, or United States                         statement of the reasons why the                      of section 337 based upon the
                                               consumers.                                              Commission should grant such                          importation into the United States, the
                                                  In particular, the Commission is                     treatment. See 19 CFR 201.6. Documents                sale for importation into the United
                                               interested in comments that:                            for which confidential treatment by the               States, and/or the sale within the United
                                                  (i) Explain how the articles                         Commission is properly sought will be                 States after importation of certain
                                               potentially subject to the requested                    treated accordingly. All information,                 submarine telecommunication systems
                                               remedial orders are used in the United                  including confidential business                       and components thereof by reason of
                                               States;                                                 information and documents for which                   infringement of U.S. Patent No.
                                                  (ii) Identify any public health, safety,                                                                   8,244,131 (‘‘the ’131 patent’’). The
                                                                                                       confidential treatment is properly
                                               or welfare concerns in the United States                                                                      complaint further alleges that an
                                                                                                       sought, submitted to the Commission for
                                               relating to the requested remedial                                                                            industry in the United States exists as
                                               orders;                                                 purposes of this Investigation may be
                                                                                                       disclosed to and used: (i) By the                     required by the applicable Federal
                                                  (iii) Identify like or directly                                                                            Statute.
                                               competitive articles that complainant,                  Commission, its employees and Offices,
                                                                                                                                                                The complainants request that the
                                               its licensees, or third parties make in the             and contract personnel (a) for
                                                                                                                                                             Commission institute an investigation
                                               United States which could replace the                   developing or maintaining the records
                                                                                                                                                             and, after the investigation, issue a
                                               subject articles if they were to be                     of this or a related proceeding, or (b) in
                                                                                                                                                             limited exclusion order and cease and
                                               excluded;                                               internal investigations, audits, reviews,             desist orders.
                                                  (iv) Indicate whether complainant,                   and evaluations relating to the
                                                                                                                                                             ADDRESSES: The complaint, except for
                                               complainant’s licensees, and/or third                   programs, personnel, and operations of
                                                                                                                                                             any confidential information contained
                                               party suppliers have the capacity to                    the Commission including under 5
                                                                                                                                                             therein, is available for inspection
                                               replace the volume of articles                          U.S.C. Appendix 3; or (ii) by U.S.
                                                                                                                                                             during official business hours (8:45 a.m.
                                               potentially subject to the requested                    government employees and contract
                                                                                                                                                             to 5:15 p.m.) in the Office of the
                                               exclusion order and/or a cease and                      personnel,2 solely for cybersecurity
                                                                                                                                                             Secretary, U.S. International Trade
                                               desist order within a commercially                      purposes. All nonconfidential written                 Commission, 500 E Street SW, Room
                                               reasonable time; and                                    submissions will be available for public              112, Washington, DC 20436, telephone
                                                  (v) Explain how the requested                        inspection at the Office of the Secretary             (202) 205–2000. Hearing impaired
                                               remedial orders would impact United                     and on EDIS.3                                         individuals are advised that information
                                               States consumers.                                          This action is taken under the
                                                  Written submissions must be filed no                                                                       on this matter can be obtained by
                                                                                                       authority of section 337 of the Tariff Act            contacting the Commission’s TDD
                                               later than by close of business, eight
                                               calendar days after the date of                         of 1930, as amended (19 U.S.C. 1337),                 terminal on (202) 205–1810. Persons
                                               publication of this notice in the Federal               and of §§ 201.10 and 210.8(c) of the                  with mobility impairments who will
                                               Register. There will be further                         Commission’s Rules of Practice and                    need special assistance in gaining access
                                               opportunities for comment on the                        Procedure (19 CFR 201.10, 210.8(c)).                  to the Commission should contact the
                                               public interest after the issuance of any                 By order of the Commission.
                                                                                                                                                             Office of the Secretary at (202) 205–
                                               final initial determination in this                                                                           2000. General information concerning
                                                                                                         Issued: May 18, 2018.
                                               investigation.                                                                                                the Commission may also be obtained
                                                                                                       Lisa Barton,                                          by accessing its internet server at
                                                  Persons filing written submissions
                                               must file the original document                         Secretary to the Commission.                          https://www.usitc.gov. The public
                                               electronically on or before the deadlines               [FR Doc. 2018–11006 Filed 5–22–18; 8:45 am]           record for this investigation may be
                                               stated above and submit 8 true paper                    BILLING CODE P                                        viewed on the Commission’s electronic
daltland on DSKBBV9HB2PROD with NOTICES




                                               copies to the Office of the Secretary by                                                                      docket (EDIS) at https://edis.usitc.gov.
                                               noon the next day pursuant to § 210.4(f)                   1 Handbook for Electronic Filing Procedures:       FOR FURTHER INFORMATION CONTACT:
                                               of the Commission’s Rules of Practice                   https://www.usitc.gov/documents/handbook_on_          Pathenia M. Proctor, The Office of
                                                                                                       filing_procedures.pdf.                                Unfair Import Investigations, U.S.
                                               and Procedure (19 CFR 210.4(f)).                           2 All contract personnel will sign appropriate
                                               Submissions should refer to the docket                                                                        International Trade Commission,
                                                                                                       nondisclosure agreements.
                                               number (‘‘Docket No. 3306) in a                            3 Electronic Document Information System           telephone (202) 205–2560.
                                               prominent place on the cover page and/                  (EDIS): https://edis.usitc.gov.                       SUPPLEMENTARY INFORMATION:



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Document Created: 2018-05-22 23:48:45
Document Modified: 2018-05-22 23:48:45
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 Citation83 FR 23935 

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