83_FR_35638 83 FR 35494 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

83 FR 35494 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 144 (July 26, 2018)

Page Range35494-35495
FR Document2018-15960

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Lithography Machines and Systems and Components Thereof (II), DN 3329; 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 144 (Thursday, July 26, 2018)
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Notices]
[Pages 35494-35495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15960]


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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 a complaint entitled Certain Lithography 
Machines and Systems and Components Thereof (II), DN 3329; 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 Carl Ziess SMT GmBH on July 
20, 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 lithography machines and systems and components 
thereof (II). The complaint names as respondents: Nikon Corporation of 
Japan; Nikon Research Corporation of America of Belmont, CA; and Nikon 
Precision Inc. of Belmont, CA. 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

[[Page 35495]]

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 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. 3329) in a prominent place on the cover page and/or 
the first page. (See Handbook for Electronic 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: July 20, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-15960 Filed 7-25-18; 8:45 am]
BILLING CODE 7020-02-P



                                                35494                          Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices

                                                   3. Commenters stated that HUD                         is no longer subject to these provisions.             Secretary, U.S. International Trade
                                                should try to streamline its over-income                 The family is entitled to a new 2-year                Commission, 500 E Street SW,
                                                policies across multiple HUD programs.                   grace period if the family’s income once              Washington, DC 20436, telephone (202)
                                                   HUD Response: HUD appreciates the                     again exceeds the over-income limit.                  205–2000.
                                                suggestion. However, this comment is                        HUD will provide additional                           General information concerning the
                                                outside of the scope of this notice. In                  information on where to locate                        Commission may also be obtained by
                                                many cases, over-income policies vary                    applicable income limits, guidelines for              accessing its internet server at United
                                                by program due to program design and                     PHAs to set alternative rents for over-               States International Trade Commission
                                                funding structures, so HUD is limited in                 income families, and any other guidance               (USITC) at https://www.usitc.gov . The
                                                its ability to align such requirements.                  regarding this provision in a                         public record for this investigation may
                                                III. Implementation                                      forthcoming notice.                                   be viewed on the Commission’s
                                                                                                                                                               Electronic Document Information
                                                   Through this notice, HUD is                           IV. Environmental Impact Certification
                                                                                                                                                               System (EDIS) at https://edis.usitc.gov.
                                                announcing that as of the date this                         This notice involves statutorily                   Hearing-impaired persons are advised
                                                notice is effective, HUD will be                         required income limits and exclusions                 that information on this matter can be
                                                following the provisions of section                      with regard to eligibility for or                     obtained by contacting the
                                                16(a)(5) of the 1937 Act, as added by                    calculation of HUD housing assistance                 Commission’s TDD terminal on (202)
                                                section 103 of HOTMA, using the                          or rental assistance which does not                   205–1810.
                                                method of determining the over-income                    constitute a development decision
                                                limit as described in the November 29,                                                                         SUPPLEMENTARY INFORMATION: The
                                                                                                         affecting the physical condition of                   Commission has received a complaint
                                                2016, notice. PHAs must update their                     specific project areas or building sites.
                                                Admissions and Continued Occupancy                                                                             and a submission pursuant to § 210.8(b)
                                                                                                         Accordingly, under 24 CFR 50.19(c)(6),                of the Commission’s Rules of Practice
                                                Policies (ACOP) to implement these                       this notice is categorically excluded
                                                changes. Such policies must include the                                                                        and Procedure filed on behalf of Carl
                                                                                                         from environmental review under the                   Ziess SMT GmBH on July 20, 2018. The
                                                imposition of an over-income limit in                    National Environmental Policy Act of
                                                the program, all instances of when the                                                                         complaint alleges violations of section
                                                                                                         1969 (42 U.S.C. 4321).                                337 of the Tariff Act of 1930 (19 U.S.C.
                                                two-year timeframe begins, and
                                                notification requirements. If the                          Dated: July 9, 2018.                                1337) in the importation into the United
                                                implementation of this provision                         Danielle Bastarache,                                  States, the sale for importation, and the
                                                requires a significant amendment to a                    Deputy Assistant Secretary for Public and             sale within the United States after
                                                PHA’s annual plan, a PHA should                          Indian Housing.                                       importation of certain lithography
                                                immediately take steps to complete the                   [FR Doc. 2018–15941 Filed 7–25–18; 8:45 am]           machines and systems and components
                                                significant amendment process in order                   BILLING CODE 4210–67–P                                thereof (II). The complaint names as
                                                to effectuate the policy change. PHAs                                                                          respondents: Nikon Corporation of
                                                must complete all relevant policy and                                                                          Japan; Nikon Research Corporation of
                                                PHA plan changes no later than 6                         INTERNATIONAL TRADE                                   America of Belmont, CA; and Nikon
                                                months after the effective date of this                  COMMISSION                                            Precision Inc. of Belmont, CA. The
                                                notice.                                                                                                        complainant requests that the
                                                   Once a PHA has completed updates to                   Notice of Receipt of Complaint;                       Commission issue a limited exclusion
                                                its ACOP and, if necessary, its PHA                      Solicitation of Comments Relating to                  order, cease and desist orders and
                                                plan, when the PHA becomes aware,                        the Public Interest                                   impose a bond upon respondents’
                                                through an annual reexamination or an                                                                          alleged infringing articles during the 60-
                                                interim reexamination for an increase in                 AGENCY: U.S. International Trade                      day Presidential review period pursuant
                                                income, that a family’s income exceeds                   Commission.                                           to 19 U.S.C. 1337(j).
                                                the applicable income limit, the PHA                     ACTION: Notice.                                          Proposed respondents, other
                                                must, per section 16(a)(5) of the 1937                                                                         interested parties, and members of the
                                                                                                         SUMMARY:    Notice is hereby given that               public are invited to file comments, not
                                                Act, document that the family exceeds
                                                                                                         the U.S. International Trade                          to exceed five (5) pages in length,
                                                the threshold to compare with the
                                                                                                         Commission has received a complaint                   inclusive of attachments, on any public
                                                family’s income a year later.
                                                   If, one year after the initial                        entitled Certain Lithography Machines                 interest issues raised by the complaint
                                                determination by the PHA that a                          and Systems and Components Thereof                    or § 210.8(b) filing. Comments should
                                                family’s income exceeds the over-                        (II), DN 3329; the Commission is                      address whether issuance of the relief
                                                income limit, the family’s income                        soliciting comments on any public                     specifically requested by the
                                                continues to exceed the over-income                      interest issues raised by the complaint               complainant in this investigation would
                                                limit, the PHA must, as required by                      or complainant’s filing pursuant to the               affect the public health and welfare in
                                                section 16(a)(5) of the 1937 Act, provide                Commission’s Rules of Practice and                    the United States, competitive
                                                written notification to the family that                  Procedure.                                            conditions in the United States
                                                their income has exceeded the over-                      FOR FURTHER INFORMATION CONTACT:     Lisa             economy, the production of like or
                                                income limit for one year, and that if the               R. Barton, Secretary to the Commission,               directly competitive articles in the
                                                family’s income continues to exceed the                  U.S. International Trade Commission,                  United States, or United States
                                                over-income limit for the next 12                        500 E Street SW, Washington, DC                       consumers.
                                                consecutive months, the family will be                   20436, telephone (202) 205–2000. The                     In particular, the Commission is
sradovich on DSK3GMQ082PROD with NOTICES




                                                subject to either a higher rent or                       public version of the complaint can be                interested in comments that:
                                                termination based on the PHA’s                           accessed on the Commission’s                             (i) Explain how the articles
                                                policies. If, however, a PHA discovers                   Electronic Document Information                       potentially subject to the requested
                                                through an annual or interim                             System (EDIS) at https://edis.usitc.gov,              remedial orders are used in the United
                                                reexamination that a previously over-                    and will be available for inspection                  States;
                                                income family has income that is now                     during official business hours (8:45 a.m.                (ii) identify any public health, safety,
                                                below the over-income limit, the family                  to 5:15 p.m.) in the Office of the                    or welfare concerns in the United States


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                                                                               Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices                                             35495

                                                relating to the requested remedial                       Commission is properly sought will be                 (Order No. 18) of the presiding
                                                orders;                                                  treated accordingly. All such requests                administrative law judge (‘‘ALJ’’)
                                                   (iii) identify like or directly                       should be directed to the Secretary to                amending the complaint and notice of
                                                competitive articles that complainant,                   the Commission and must include a full                investigation in the above-captioned
                                                its licensees, or third parties make in the              statement of the reasons why the                      investigation.
                                                United States which could replace the                    Commission should grant such                          FOR FURTHER INFORMATION CONTACT:
                                                subject articles if they were to be                      treatment. See 19 CFR 201.6. Documents                Clint Gerdine, Esq., Office of the
                                                excluded;                                                for which confidential treatment by the               General Counsel, U.S. International
                                                   (iv) indicate whether complainant,                    Commission is properly sought will be                 Trade Commission, 500 E Street SW,
                                                complainant’s licensees, and/or third                    treated accordingly. All information,                 Washington, DC 20436, telephone (202)
                                                party suppliers have the capacity to                     including confidential business                       708–2310. Copies of non-confidential
                                                replace the volume of articles                           information and documents for which                   documents filed in connection with this
                                                potentially subject to the requested                     confidential treatment is properly                    investigation are or will be available for
                                                exclusion order and/or a cease and                       sought, submitted to the Commission for               inspection during official business
                                                desist order within a commercially                       purposes of this Investigation may be                 hours (8:45 a.m. to 5:15 p.m.) in the
                                                reasonable time; and                                     disclosed to and used: (i) By the                     Office of the Secretary, U.S.
                                                   (v) explain how the requested                         Commission, its employees and Offices,                International Trade Commission, 500 E
                                                remedial orders would impact United                      and contract personnel (a) for                        Street SW, Washington, DC 20436,
                                                States consumers.                                        developing or maintaining the records                 telephone (202) 205–2000. General
                                                   Written submissions on the public                     of this or a related proceeding, or (b) in            information concerning the Commission
                                                interest must be filed no later than by                  internal investigations, audits, reviews,             may also be obtained by accessing its
                                                close of business, eight calendar days                   and evaluations relating to the                       internet server at https://www.usitc.gov.
                                                after the date of publication of this                    programs, personnel, and operations of                The public record for this investigation
                                                notice in the Federal Register. There                    the Commission including under 5                      may be viewed on the Commission’s
                                                will be further opportunities for                        U.S.C. Appendix 3; or (ii) by U.S.                    electronic docket (EDIS) at https://
                                                comment on the public interest after the                 government employees and contract                     edis.usitc.gov. Hearing-impaired
                                                issuance of any final initial                            personnel,2 solely for cybersecurity                  persons are advised that information on
                                                determination in this investigation. Any                 purposes. All nonconfidential written                 this matter can be obtained by
                                                written submissions on other issues                      submissions will be available for public              contacting the Commission’s TDD
                                                should be filed no later than by close of                inspection at the Office of the Secretary             terminal on (202) 205–1810.
                                                business nine calendar days after the                    and on EDIS.3
                                                                                                                                                               SUPPLEMENTARY INFORMATION: The
                                                date of publication of this notice in the                   This action is taken under the
                                                                                                                                                               Commission instituted this investigation
                                                Federal Register. Complainant may file                   authority of section 337 of the Tariff Act
                                                                                                                                                               on March 29, 2018, based on a
                                                a reply to any written submission no                     of 1930, as amended (19 U.S.C. 1337),
                                                                                                                                                               complaint filed on behalf of Canon
                                                later than the date on which                             and of §§ 201.10 and 210.8(c) of the
                                                                                                                                                               U.S.A. Inc. of Melville, New York and
                                                complainant’s reply would be due                         Commission’s Rules of Practice and
                                                                                                                                                               Canon Virginia, Inc. of Newport News,
                                                under § 210.8(c)(2) of the Commission’s                  Procedure (19 CFR 201.10, 210.8(c)).
                                                                                                                                                               Virginia. 83 FR 13516–17. The
                                                Rules of Practice and Procedure (19 CFR                    By order of the Commission.                         complaint alleges violations of section
                                                210.8(c)(2)).                                              Issued: July 20, 2018.
                                                   Persons filing written submissions                                                                          337 of the Tariff Act of 1930, as
                                                                                                         Lisa Barton,                                          amended, 19 U.S.C. 1337, by reason of
                                                must file the original document
                                                electronically on or before the deadlines                Secretary to the Commission.                          infringement of certain claims of U.S.
                                                stated above and submit 8 true paper                     [FR Doc. 2018–15960 Filed 7–25–18; 8:45 am]           Patent Nos. 9,746,826 (‘‘the ’826
                                                copies to the Office of the Secretary by                 BILLING CODE 7020–02–P                                patent’’); 9,836,021 (‘‘the ’021 patent’’);
                                                noon the next day pursuant to § 210.4(f)                                                                       9,841,727 (‘‘the ’727 patent’’); 9,841,728
                                                of the Commission’s Rules of Practice                                                                          (‘‘the ’728 patent’’); 9,841,729 (‘‘the ’729
                                                and Procedure (19 CFR 210.4(f)).                         INTERNATIONAL TRADE                                   patent’’); 9,857,764 (‘‘the ’764 patent’’);
                                                Submissions should refer to the docket                   COMMISSION                                            9,857,765 (‘‘the ’765 patent’’); 9,869,960
                                                number (Docket No. 3329) in a                            [Investigation No. 337–TA–1106]
                                                                                                                                                               (‘‘the ’960 patent’’); and 9,874,846. The
                                                prominent place on the cover page and/                                                                         Commission’s notice of investigation
                                                or the first page. (See Handbook for                     Certain Toner Cartridges and                          named numerous respondents including
                                                Electronic Filing Procedures, Electronic                 Components Thereof; Commission                        Aster Graphics Co., Ltd. (‘‘Aster
                                                Filing Procedures 1). Persons with                       Determination Not To Review an Initial                Graphics’’) of Guangdong, China; Do It
                                                questions regarding filing should                        Determination Amending the                            Wiser LLC d/b/a Image Toner (‘‘Image
                                                contact the Secretary (202–205–2000).                    Complainant and Notice of                             Toner’’) of Alpharetta, Georgia; Global
                                                   Any person desiring to submit a                       Investigation                                         Cartridges of Burlingame, California;
                                                document to the Commission in                                                                                  GPC Trading Co., Ltd. d/b/a GPC Image
                                                                                                         AGENCY: U.S. International Trade                      (‘‘GPC Image’’) of Kowloon, Hong Kong;
                                                confidence must request confidential                     Commission.
                                                treatment. All such requests should be                                                                         and The Supplies Guys, LLC of
                                                                                                         ACTION: Notice.                                       Lancaster, Pennsylvania. The Office of
                                                directed to the Secretary to the
                                                Commission and must include a full                                                                             Unfair Import Investigations is also a
                                                                                                         SUMMARY:   Notice is hereby given that
sradovich on DSK3GMQ082PROD with NOTICES




                                                statement of the reasons why the                                                                               party to the investigation.
                                                                                                         the U.S. International Trade                             On June 13, 2018, complainants filed
                                                Commission should grant such                             Commission has determined not to                      an unopposed amended motion to
                                                treatment. See 19 CFR 201.6. Documents                   review an initial determination (‘‘ID’’)              amend the complaint and notice of
                                                for which confidential treatment by the
                                                                                                           2 All contract personnel will sign appropriate
                                                                                                                                                               investigation (‘‘NOI’’) to do the
                                                  1 Handbook  for Electronic Filing Procedures:          nondisclosure agreements.                             following: (1) Change the name of
                                                https://www.usitc.gov/documents/handbook_on_               3 Electronic Document Information System            respondent The Supplies Guys, LLC to
                                                filing_procedures.pdf.                                   (EDIS): https://edis.usitc.gov                        The Supplies Guys, Inc.; (2) correct the


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Document Created: 2018-11-06 10:26:51
Document Modified: 2018-11-06 10:26:51
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 35494 

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