83 FR 28863 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 120 (June 21, 2018)
Federal Register Volume 83, Issue 120 (June 21, 2018)
| Page Range | 28863-28865 | |
| FR Document | 2018-13286 |
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)] [Notices] [Pages 28863-28865] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13286] ======================================================================= ----------------------------------------------------------------------- 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 [[Page 28864]] Commission has received a complaint entitled Certain Carburetors and Products Containing Such Carburetors, DN 3323; 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 Walbro, LLC on June 14, 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 carburetors and products containing such carburetors. The complaint names as respondents: Ruixing Carburetor Manufacturing Co., Limited Zhejiang of China; Huayi Carburetor Factory of China; Tillotson of Ireland; Fujian Hualong Carburetor Co., Ltd. of China; Fuding Guangda General Machinery Co., Ltd. of China; Wuyi Henghai Tools Co., Ltd. of China; Fuding Youyi Trade Co., Ltd. of China; Amazon.com, Inc. of Seattle, WA; Amerisun Inc. of Itasca, IL; Ardisam, Inc. of Cumberland, WI; Buffalo Corporation of O'Fallon, MO; Cabela's Incorporated of Sidney, NE; Champion Power Equipment, Inc. of Santa Fe, CA; Feldmann Eng. & Mfg. Co., Inc. of Sheboygan Falls, WI; FNA Group, Inc. of Pleasant Prairie, WI; Frictionless World, LLC of Denver, CO; Generac Power Systems, Inc. of Waukesha, WI; Husqvarna Professional Products, Inc. of Charlotte, NC; Imperial Industrial Supply Co. d/b/a Duromax Power Equipment of Ontario, CA; Kmart Corporation of Hoffman Estates, IL; Lowe's Companies, Inc. of Mooresville, NC; Mat Industries, LLC of Lake Zurich, IL; Menards, Inc. of Eau Claire, WI; MTD Products Inc. of Valley City, OH; North American Tool Industries of Huntington, IN; Northern Tool & Equipment Co., Inc. of Burnsville, MN; QV Tools LLC of Las Vegas, NV; Sears, Roebuck and Co. of Hoffman Estates, IL; Target Corporation of Minneapolis, MN; Techtronics Industries Co. Ltd of d/b/a Techtronic Industries Power Equipment of Hong Kong; The Home Depot, Inc. of Atlanta, GA; Thunderbay Products of Clayton, WI; Tool Tuff Direct LLC of Golden, CO; Tractor Supply Company of Brentwood, TN; and Walmart Inc. of Bentonville, AR. The complainant requests that the Commission issue a general exclusion order, and in the alternative, issue a limited exclusion 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. 3323'') 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). --------------------------------------------------------------------------- \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 [[Page 28865]] 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: June 15, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-13286 Filed 6-20-18; 8:45 am] BILLING CODE 7020-02-P
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(c) Proposed Approach to Acquisition using available water resources in the developing, conserving, and utilizing
of Necessary Property Rights: Specify public interest. the water resource and protecting
plans for acquiring title to or the right Describe proposed studies to natural resources; (2) clearly
to occupy and use all lands necessary adequately define the extent of the demonstrate that the offeror is qualified
for the proposed development, adverse and beneficial impacts, to develop the hydropower facility and
including such additional lands as may potential severity, and potential provide for long-term operation and
be required during construction. alternatives to mitigate impacts. maintenance; and (3) best share the
Address lands necessary for electrical (h) Other Study and/or Permit economic benefits of the hydropower
distribution lines, access roads, and all Requirements: Describe planned development among parties to the
aspects of project development and response to other applicable regulatory LOPP. A proposal will be deemed
operation and maintenance. requirements, including the National unacceptable if it is inconsistent with
(d) Long-Term Operation and Historic Preservation Act, Clean Water Deschutes Project purposes, as
Maintenance: Provide a description Act, Endangered Species Act, and state determined by Reclamation.
(with relevant references) of the project and local laws and licensing Reclamation will give preference to
proponent’s experience in operation and requirements. Also describe any known those entities that qualify as preference
maintenance of hydroelectric or similar potential for impact on lands or entities (as defined under Proposal
facilities once they are operational and resources of American Indian tribes, Content Guidelines, item (a), of this
over the long-term (i.e., the 40-year lease including trust resources. notice) provided that the preference
contemplated for the proposed (i) Project Development Costs and entity is well qualified and their
development). Identify the Economic Analysis: Estimate the costs proposal is at least as well adapted to
of development, including the cost of developing, conserving, and utilizing
organizational structure and plan for the
studies to determine feasibility, the water and natural resources as other
long-term operation and maintenance of
environmental compliance, project submitted proposals. Preference entities
the proposed development. Define how
design, construction, financing, and the will be allowed 30 days to improve their
the proposed development would
amortized annual cost of the proposals, if necessary, to be made at
operate in harmony with the NUMC
investment. Estimate annual operation least equal to a proposal(s) that may
system.
and maintenance, replacement have been submitted by a non-
(e) Contractual Arrangements:
expenses, annual payments to the preference entity.
Describe any anticipated contractual
United States, and those potentially
arrangements with project stakeholders Notice and Time Period To Enter Into
associated with the Deschutes Project.
of the Deschutes Project, including LOPP
Estimate costs associated with any
contractual arrangements to utilize Reclamation will notify, in writing, all
anticipated additional transmission or
water rights held by NUID. Define how entities submitting proposals of
wheeling services. Identify proposed
the proposed development would Reclamation’s decision regarding
methods of financing the project. The
operate in harmony with the NUMC selection of the potential lessee. The
anticipated return on investment should
system. selected potential lessee will have 15
be estimated and an economic analysis
(f) Management Plan: Provide a should be presented that compares the months from the date of selection of the
management plan to accomplish such present worth of all benefits and the lessee to sign the preliminary lease,
activities as planning, NEPA costs of the project. complete the requirements set forth in
compliance, LOPP development, design, (j) Performance Guarantee and the preliminary lease, and to sign the
construction, facility testing, start-up of Assumption of Liability: Describe plans LOPP. The lessee will then have up to
hydropower production, and for (1) providing the government with 3 years from the date of the preliminary
preparation of an Emergency Action performance bonds or irrevocable letter lease agreement to the beginning of
Plan. Prepare schedules of these of credit covering completion of the construction. Maximum timeframes for
activities as applicable. Describe what proposed project, (2) assuming liability construction will be determined by the
studies are necessary to accomplish the for damage to the operational and Regional Director. Such timeframes may
hydroelectric power development and structural integrity of the NUMC or be adjusted for just cause resulting from
how the studies would be implemented. other aspects of the Deschutes Project actions and/or circumstances that are
(g) Environmental Impact: Discuss caused by construction, operations and/ beyond the control of the lessee.
potential significant adverse impacts or maintenance of the hydropower Dated: March 22, 2018.
from the proposed development on development, and (3) obtaining general
biophysical or sociocultural resource Lorri J. Gray,
liability insurance. Regional Director, Pacific Northwest Region.
parameters. Of particular concern are (k) Other Information: This final
potential impacts on any protected [FR Doc. 2018–13363 Filed 6–20–18; 8:45 am]
paragraph is provided for the applicant
aquatic or terrestrial wildlife species or to include additional information BILLING CODE 4332–90–P
associated protected habitat. Other considered relevant to Reclamation’s
concerns may include, but are not selection process in this matter.
limited to, the impact on land use INTERNATIONAL TRADE
adjacent to the proposed development, Selection of Lessee COMMISSION
recreation at the surrounding areas, Reclamation will evaluate proposals
cultural resources, and Indian Trust received in response to this published Notice of Receipt of Complaint;
assets. Provide information on the types notice. Proposals will be ranked Solicitation of Comments Relating to
amozie on DSK3GDR082PROD with NOTICES1
and severity of expected impacts and according to response to the factors the Public Interest
proposed methods of resolving or described in Fundamental AGENCY: U.S. International Trade
mitigating these impacts. Considerations and Requirements and Commission.
Describe potential beneficial impacts Proposal Content Guidelines sections of ACTION: Notice.
that may be expected from the this notice. In general, Reclamation will
development to include such give more favorable consideration to SUMMARY: Notice is hereby given that
perspectives as energy conservation or proposals that (1) are well adapted to the U.S. International Trade
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![Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28865
of this or a related proceeding, or (b) in limited exclusion order and cease and presiding administrative law judge shall
internal investigations, audits, reviews, desist orders. take evidence or other information and
and evaluations relating to the ADDRESSES: The complaint, except for hear arguments from the parties and
programs, personnel, and operations of any confidential information contained other interested persons with respect to
the Commission including under 5 therein, is available for inspection the public interest in this investigation,
U.S.C. Appendix 3; or (ii) by U.S. during official business hours (8:45 a.m. as appropriate, and provide the
government employees and contract to 5:15 p.m.) in the Office of the Commission with findings of fact and a
personnel,2 solely for cybersecurity Secretary, U.S. International Trade recommended determination on this
purposes. All nonconfidential written Commission, 500 E Street SW, Room issue, which shall be limited to the
submissions will be available for public 112, Washington, DC 20436, telephone statutory public interest factors set forth
inspection at the Office of the Secretary (202) 205–2000. Hearing impaired in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
and on EDIS.3 individuals are advised that information (4) For the purpose of the
This action is taken under the on this matter can be obtained by investigation so instituted, the following
authority of section 337 of the Tariff Act contacting the Commission’s TDD are hereby named as parties upon which
of 1930, as amended (19 U.S.C. 1337), terminal on (202) 205–1810. Persons this notice of investigation shall be
and of §§ 201.10 and 210.8(c) of the with mobility impairments who will served:
Commission’s Rules of Practice and (a) The complainant is: Glycosyn LLC,
need special assistance in gaining access
Procedure (19 CFR 201.10, 210.8(c)). 890 Winter Street, Suite 208, Waltham,
to the Commission should contact the
MA 95131.
By order of the Commission. Office of the Secretary at (202) 205– (b) The respondents are the following
Issued: June 15, 2018. 2000. General information concerning entities alleged to be in violation of
Lisa Barton, the Commission may also be obtained section 337, and are the parties upon
Secretary to the Commission. by accessing its internet server at which the complaint is to be served:
[FR Doc. 2018–13286 Filed 6–20–18; 8:45 am] https://www.usitc.gov. The public Jennewein Biotechnologie GmbH,
BILLING CODE 7020–02–P
record for this investigation may be Maarweg 32, D–53619 Rheinbreitbach,
viewed on the Commission’s electronic Germany.
docket (EDIS) at https://edis.usitc.gov. (c) The Office of Unfair Import
INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: Investigations, U.S. International Trade
COMMISSION Pathenia M. Proctor, The Office of Commission, 500 E Street SW, Suite
Unfair Import Investigations, U.S. 401, Washington, DC 20436; and
[Investigation No. 337–TA–1120]
International Trade Commission, (5) For the investigation so instituted,
Certain Human Milk Oligosaccharides telephone (202) 205–2560. the Chief Administrative Law Judge,
and Methods of Producing the Same SUPPLEMENTARY INFORMATION: U.S. International Trade Commission,
Institution of Investigation Authority: The authority for shall designate the presiding
institution of this investigation is Administrative Law Judge.
AGENCY: U.S. International Trade contained in section 337 of the Tariff Responses to the complaint and the
Commission. Act of 1930, as amended, 19 U.S.C. 1337 notice of investigation must be
ACTION: Notice. and in section 210.10 of the submitted by the named respondents in
Commission’s Rules of Practice and accordance with section 210.13 of the
SUMMARY: Notice is hereby given that a Commission’s Rules of Practice and
complaint was filed with the U.S. Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having Procedure, 19 CFR 210.13. Pursuant to
International Trade Commission on 19 CFR 201.16(e) and 210.13(a), such
considered the complaint, the U.S.
April 2, 2018, under section 337 of the responses will be considered by the
International Trade Commission, on
Tariff Act of 1930, as amended, on Commission if received not later than 20
June 14, 2018, ordered that—
behalf of Glycosyn LLC. An amended days after the date of service by the
(1) Pursuant to subsection (b) of
complaint was filed on May 16, 2018. Commission of the complaint and the
section 337 of the Tariff Act of 1930, as
An additional supplement to the notice of investigation. Extensions of
amended, an investigation be instituted
complaint was also filed on May 25, time for submitting responses to the
to determine whether there is a
2018. The complaint, as amended and complaint and the notice of
violation of subsection (a)(1)(B) of
supplemented, alleges violations of investigation will not be granted unless
section 337 in the importation into the
section 337 based upon the importation good cause therefor is shown.
United States, the sale for importation,
into the United States, the sale for Failure of a respondent to file a timely
or the sale within the United States after
importation, and the sale within the response to each allegation in the
importation of products identified in
United States after importation of complaint and in this notice may be
paragraph (2) by reason of infringement
certain human milk oligosaccharides by deemed to constitute a waiver of the
of one or more of claims 1–40 of the
reason of infringement of U.S. Patent right to appear and contest the
’230 patent; and claims 1–28 of the ’018
No. 9,453,230 (‘‘the ’230 patent’’) and allegations of the complaint and this
patent; and whether an industry in the
U.S. Patent No. 9,970,018 (‘‘the ’018 notice, and to authorize the
United States exists as required by
patent’’). The complaint further alleges administrative law judge and the
subsection (a)(2) of section 337;
that an industry in the United States (2) Pursuant to section 210.10(b)(1) of Commission, without further notice to
exists as required by the applicable the Commission’s Rules of Practice and the respondent, to find the facts to be as
Federal Statute. Procedure, 19 CFR 210.10(b)(1), the alleged in the complaint and this notice
amozie on DSK3GDR082PROD with NOTICES1
The complainant requests that the and to enter an initial determination
plain language description of the
Commission institute an investigation and a final determination containing
accused products or category of accused
and, after the investigation, issue a such findings, and may result in the
products, which defines the scope of the
investigation, is ‘‘2′-fucosyllactose issuance of an exclusion order or a cease
2 All contract personnel will sign appropriate
oligosaccharides’’; and desist order or both directed against
nondisclosure agreements.
3 Electronic Document Information System (3) Pursuant to Commission Rule the respondent.
(EDIS): https://edis.usitc.gov. 210.50(b)(1), 19 CFR 210.50(b)(1), the By order of the Commission.
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Document Created: 2018-06-21 01:23:14
Document Modified: 2018-06-21 01:23:14
| 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 28863 |
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