83 FR 33947 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 138 (July 18, 2018)
Federal Register Volume 83, Issue 138 (July 18, 2018)
| Page Range | 33947-33948 | |
| FR Document | 2018-15288 |
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)] [Notices] [Pages 33947-33948] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15288] ----------------------------------------------------------------------- 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 Microperforated Packaging Containing Fresh Produce (II), DN 3327; 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 Windham Packaging, LLC on July 12, 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 microperforated packaging containing fresh produce (II). The complaint names as respondents: Growers Express, LLC of Salinas, CA; and C.H. Robinson Worldwide, Inc. of Eden Prairie, MN. The complainant requests that the Commission 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 [[Page 33948]] desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest 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. Any written submissions on other issues should be filed no later than by close of business nine calendar days after the date of publication of this notice in the Federal Register. Complainant may file a reply to any written submission no later than the date on which complainant's reply would be due under Sec. 210.8(c)(2) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(c)(2)). 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. 3327) 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 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: July 12, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-15288 Filed 7-17-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Notices 33947
presentations should participate in a each document filed by a party to the Hearing-impaired persons are advised
prehearing conference to be held on investigations must be served on all that information on this matter can be
October 29, 2018, at the U.S. other parties to the investigations (as obtained by contacting the
International Trade Commission identified by either the public or BPI Commission’s TDD terminal on (202)
Building, if deemed necessary. Oral service list), and a certificate of service 205–1810.
testimony and written materials to be must be timely filed. The Secretary will SUPPLEMENTARY INFORMATION: The
submitted at the public hearing are not accept a document for filing without Commission has received a complaint
governed by sections 201.6(b)(2), a certificate of service. and a submission pursuant to § 210.8(b)
201.13(f), and 207.24 of the Authority: These investigations are being of the Commission’s Rules of Practice
Commission’s rules. Parties must submit conducted under authority of title VII of the and Procedure filed on behalf of
any request to present a portion of their Tariff Act of 1930; this notice is published Windham Packaging, LLC on July 12,
hearing testimony in camera no later pursuant to section 207.21 of the 2018. The complaint alleges violations
than 7 business days prior to the date of Commission’s rules. of section 337 of the Tariff Act of 1930
the hearing. By order of the Commission. (19 U.S.C. 1337) in the importation into
Written submissions.—Each party the United States, the sale for
Issued: July 12, 2018.
who is an interested party shall submit importation, and the sale within the
a prehearing brief to the Commission. Lisa Barton,
Secretary to the Commission. United States after importation of
Prehearing briefs must conform with the certain microperforated packaging
provisions of section 207.23 of the [FR Doc. 2018–15278 Filed 7–17–18; 8:45 am]
containing fresh produce (II). The
Commission’s rules; the deadline for BILLING CODE 7020–02–P
complaint names as respondents:
filing is October 23, 2018. Parties may
Growers Express, LLC of Salinas, CA;
also file written testimony in connection
INTERNATIONAL TRADE and C.H. Robinson Worldwide, Inc. of
with their presentation at the hearing, as
COMMISSION Eden Prairie, MN. The complainant
provided in section 207.24 of the
requests that the Commission issue a
Commission’s rules, and posthearing
Notice of Receipt of Complaint; limited exclusion order, cease and
briefs, which must conform with the
Solicitation of Comments Relating to desist orders and impose a bond upon
provisions of section 207.25 of the
the Public Interest respondents’ alleged infringing articles
Commission’s rules. The deadline for
during the 60-day Presidential review
filing posthearing briefs is November 8, AGENCY: U.S. International Trade
2018. In addition, any person who has period pursuant to 19 U.S.C. 1337(j).
Commission. Proposed respondents, other
not entered an appearance as a party to
ACTION: Notice. interested parties, and members of the
the investigations may submit a written
statement of information pertinent to public are invited to file comments, not
SUMMARY: Notice is hereby given that to exceed five (5) pages in length,
the subject of the investigations, the U.S. International Trade
including statements of support or inclusive of attachments, on any public
Commission has received a complaint interest issues raised by the complaint
opposition to the petition, on or before entitled Certain Microperforated
November 8, 2018. On November 28, or § 210.8(b) filing. Comments should
Packaging Containing Fresh Produce address whether issuance of the relief
2018, the Commission will make (II), DN 3327; the Commission is
available to parties all information on specifically requested by the
soliciting comments on any public complainant in this investigation would
which they have not had an opportunity interest issues raised by the complaint
to comment. Parties may submit final affect the public health and welfare in
or complainant’s filing pursuant to the the United States, competitive
comments on this information on or Commission’s Rules of Practice and
before November 30, 2018, but such conditions in the United States
Procedure. economy, the production of like or
final comments must not contain new
factual information and must otherwise FOR FURTHER INFORMATION CONTACT: Lisa directly competitive articles in the
comply with section 207.30 of the R. Barton, Secretary to the Commission, United States, or United States
Commission’s rules. All written U.S. International Trade Commission, consumers.
submissions must conform with the 500 E Street SW, Washington, DC In particular, the Commission is
provisions of section 201.8 of the 20436, telephone (202) 205–2000. The interested in comments that:
Commission’s rules; any submissions public version of the complaint can be (i) Explain how the articles
that contain BPI must also conform with accessed on the Commission’s potentially subject to the requested
the requirements of sections 201.6, Electronic Document Information remedial orders are used in the United
207.3, and 207.7 of the Commission’s System (EDIS) at https://edis.usitc.gov, States;
rules. The Commission’s Handbook on and will be available for inspection (ii) identify any public health, safety,
E-Filing, available on the Commission’s during official business hours (8:45 a.m. or welfare concerns in the United States
website at https://edis.usitc.gov, to 5:15 p.m.) in the Office of the relating to the requested remedial
elaborates upon the Commission’s rules Secretary, U.S. International Trade orders;
with respect to electronic filing. Commission, 500 E Street SW, (iii) identify like or directly
Additional written submissions to the Washington, DC 20436, telephone (202) competitive articles that complainant,
Commission, including requests 205–2000. its licensees, or third parties make in the
pursuant to section 201.12 of the General information concerning the United States which could replace the
Commission’s rules, shall not be Commission may also be obtained by subject articles if they were to be
amozie on DSK3GDR082PROD with NOTICES1
accepted unless good cause is shown for accessing its internet server at United excluded;
accepting such submissions, or unless States International Trade Commission (iv) indicate whether complainant,
the submission is pursuant to a specific (USITC) at https://www.usitc.gov. The complainant’s licensees, and/or third
request by a Commissioner or public record for this investigation may party suppliers have the capacity to
Commission staff. be viewed on the Commission’s replace the volume of articles
In accordance with sections 201.16(c) Electronic Document Information potentially subject to the requested
and 207.3 of the Commission’s rules, System (EDIS) at https://edis.usitc.gov. exclusion order and/or a cease and
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![33948 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Notices
desist order within a commercially purposes of this Investigation may be Kongsberg Maritime, Kungberg,
reasonable time; and disclosed to and used: (i) By the NORWAY; L3 Technologies, Inc.,
(v) explain how the requested Commission, its employees and Offices, Camden, NJ; Lacibus Ltd., Steaford,
remedial orders would impact United and contract personnel (a) for UNITED KINGDOM; Leeds City
States consumers. developing or maintaining the records Council, Leeds, UNITED KINGDOM;
Written submissions on the public of this or a related proceeding, or (b) in Phoenix Contact GmbH & Co.,
interest must be filed no later than by internal investigations, audits, reviews, Blomberg, GERMANY; Pramana, Paris,
close of business, eight calendar days and evaluations relating to the FRANCE; QubeStation, Inc., Chantilly,
after the date of publication of this programs, personnel, and operations of VA; Royal Vopak, Rotterdam, THE
notice in the Federal Register. There the Commission including under 5
will be further opportunities for NETHERLANDS; Sanofi S.A.,
U.S.C. Appendix 3; or (ii) by U.S. Bridgewater, NJ; Seagate Technology,
comment on the public interest after the government employees and contract
issuance of any final initial LLC, Cupertino, CA; Symbiosis Institute
personnel,2 solely for cybersecurity
determination in this investigation. Any of Telecom Management, Lavale, INDIA;
purposes. All nonconfidential written
written submissions on other issues Telephonics Corporation, Farmingdale,
submissions will be available for public
should be filed no later than by close of inspection at the Office of the Secretary NY; Universitat Rovira i Virgili,
business nine calendar days after the and on EDIS.3 Tarragona, SPAIN; University of Ottawa,
date of publication of this notice in the This action is taken under the Ottawa, CANADA; WellAware
Federal Register. Complainant may file authority of section 337 of the Tariff Act Holdings, Inc., San Antonio, TX; and
a reply to any written submission no of 1930, as amended (19 U.S.C. 1337), Wood Group USA, Inc., Houston, TX,
later than the date on which and of §§ 201.10 and 210.8(c) of the have been added as parties to this
complainant’s reply would be due Commission’s Rules of Practice and venture.
under § 210.8(c)(2) of the Commission’s Procedure (19 CFR 201.10, 210.8(c)). Also, Belcan, LLC, Oldsmar, FL;
Rules of Practice and Procedure (19 CFR By order of the Commission. Cambia Health Solutions, Inc., Portland,
210.8(c)(2)). OR; Cape Software, Inc., The
Issued: July 12, 2018.
Persons filing written submissions
Lisa Barton, Woodlands, TX; Costco Wholesale,
must file the original document
electronically on or before the deadlines Secretary to the Commission. Issaquah, WA; InProgress sp. z.o.o.,
stated above and submit 8 true paper [FR Doc. 2018–15288 Filed 7–17–18; 8:45 am] Krakow, POLAND; Interos Solutions,
copies to the Office of the Secretary by BILLING CODE 7020–02–P Inc., McLean, VA; JNS Solutions, Inc.,
noon the next day pursuant to § 210.4(f) New Port Richy, FL; Materna GmbH
of the Commission’s Rules of Practice Information & Communications,
and Procedure (19 CFR 210.4(f)). DEPARTMENT OF JUSTICE Dortmund, GERMANY; Mike Moore
Submissions should refer to the docket Consultancy Ltd., Colchester, UNITED
number (‘‘Docket No. 3327) in a Antitrust Division KINGDOM; Norwegian University of
prominent place on the cover page and/ Science and Technology, Trondheim,
Notice Pursuant to the National NORWAY; On Target Training &
or the first page. (See Handbook for
Cooperative Research and Production Management, LLC, Raleigh, NC; Piotr
Electonic Filing Procedures, Electronic
Act of 1993—The Open Group, L.L.C.
Filing Procedures1). Persons with Golos, Sokolow Podlaski, POLAND;
questions regarding filing should Notice is hereby given that, on June Skillmetrix Knowledge Services LLP,
contact the Secretary (202–205–2000). 18, 2018, pursuant to Section 6(a) of the Pune, INDIA; and University of
Any person desiring to submit a National Cooperative Research and Washington, Kirkland, WA, have
document to the Commission in Production Act of 1993, 15 U.S.C. 4301 withdrawn as parties to this venture.
confidence must request confidential et seq. (‘‘the Act’’), The Open Group, No other changes have been made in
treatment. All such requests should be L.L.C. (‘‘TOG’’) has filed written either the membership or planned
directed to the Secretary to the notifications simultaneously with the activity of the group research project.
Commission and must include a full Attorney General and the Federal Trade
statement of the reasons why the Membership in this group research
Commission disclosing changes in its
Commission should grant such project remains open, and TOG intends
membership. The notifications were
treatment. See 19 CFR 201.6. Documents to file additional written notifications
filed for the purpose of extending the
for which confidential treatment by the Act’s provisions limiting the recovery of disclosing all changes in membership.
Commission is properly sought will be antitrust plaintiffs to actual damages On April 21, 1997, TOG filed its
treated accordingly. All such requests under specified circumstances. original notification pursuant to Section
should be directed to the Secretary to Specifically, Beeond, Inc., New Bern, 6(a) of the Act. The Department of
the Commission and must include a full NC; Bliley Technologies, Inc., Erie, PA; Justice published a notice in the Federal
statement of the reasons why the China Eastern Airlines, Shanghai, Register pursuant to Section 6(b) of the
Commission should grant such PEOPLE’S REPUBLIC OF CHINA; Act on June 13, 1997 (62 FR 32371).
treatment. See 19 CFR 201.6. Documents ConocoPhillips Company, Houston, TX; The last notification was filed with
for which confidential treatment by the Miltech Limited, Langley, UNITED the Department on February 8, 2018. A
Commission is properly sought will be KINGDOM; Enterprise Wise LLC, notice was published in the Federal
treated accordingly. All information, Hoschton, GA; HIMA Paul Hildebrandt Register pursuant to Section 6(b) of the
amozie on DSK3GDR082PROD with NOTICES1
including confidential business GmbH, Houston, TX; International
information and documents for which Act on March 12, 2018 (83 FR 10752).
Foundation for Digital Competences,
confidential treatment is properly Zaltbommel, THE NETHERLANDS; Suzanne Morris,
sought, submitted to the Commission for Chief, Premerger and Division Statistics Unit,
2 All contract personnel will sign appropriate
Antitrust Division.
1 Handbook for Electronic Filing Procedures: nondisclosure agreements.
[FR Doc. 2018–15274 Filed 7–17–18; 8:45 am]
https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System
filing_procedures.pdf. (EDIS): https://edis.usitc.gov. BILLING CODE 4410–11–P
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Document Created: 2018-11-06 10:25:11
Document Modified: 2018-11-06 10:25:11
| 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 33947 |
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