83 FR 45678 - The Appointment of the Commission's Administrative Law Judges for Section 337 Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45678-45679 | |
| FR Document | 2018-19584 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Notices] [Pages 45678-45679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19584] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION The Appointment of the Commission's Administrative Law Judges for Section 337 Investigations AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission's administrative law judges (``ALJs'') have been appointed in conformance with the Appointments Clause of the U.S. Constitution and with the Tariff Act. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2532. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), provides for certain determinations to be ``made on the record after notice and opportunity for a hearing in conformity with the provisions of subchapter II of chapter 5 of title 5.'' 19 U.S.C. 1337(c). Pursuant to subchapter II of chapter 5 of title 5, the Commission employs ALJs to conduct formal adjudications and to make initial and recommended determinations. 5 U.S.C. 556-557; 19 CFR 210.3 (``administrative law judge''). [[Page 45679]] Pursuant to section 331 of the Tariff Act, 19 U.S.C. 1331, the Chairman of the Commission has the authority to ``appoint and fix the compensation of such employees of the Commission as he deems necessary,'' including ALJs. 19 U.S.C. 1331(a)(1)(A)(1). Any such decision by the Chairman, however, is ``subject to disapproval by a majority vote of all the commissioners in office.'' Id. Sec. 1331(a)(1)(C). The hiring of the Commission's ALJs has been in conformity with Titles 5 and 19 of the U.S. Code, as well as with such regulations as were then in force by the Office of Personnel Management, 5 CFR 930.201-.211. The Appointments Clause of the Constitution, art. II, Sec. 2, cl. 2, provides, in relevant part, that Congress may vest the appointment of inferior officers ``in the Heads of Departments.'' In the past two years, there have been legal developments concerning the Appointments Clause. These developments have included the 2016 decision of the U.S. Court of Appeals for the Tenth Circuit finding ALJs of the Securities and Exchange Commission (``SEC'') to be ``inferior officers'' for the purpose of the Appointments Clause, Bandimere v. SEC, 844 F.3d 1168, 1188 (10th Cir. 2016), reh'g en banc denied (May 3, 2017). In 2018, the Supreme Court decided that the ALJs of the SEC are inferior officers whose appointments were to be made by SEC and not by the SEC's staff. Lucia v. SEC, 138 S. Ct. 2044, 2053-54 (2018); see Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U.S. 477, 512 (2010). The hiring of the Commission's ALJs is, and has been, consistent with the Appointments Clause and with the Commission's organic statute. Throughout at least the period of time between the hiring of the most- senior ALJ at the Commission (Chief Judge Bullock) until the present, the appointment of ALJs has been made by the Chairman, and no Commissioner has initiated a vote to disapprove the appointment of an ALJ, as is the Commissioner's right under 19 U.S.C. 1331(a)(1)(C). Out of an abundance of caution, on March 14 and 15, 2018, the Commission (then-Chairman Schmidtlein, joined by then-Vice Chairman Johanson, and Commissioners Williamson and Broadbent) voted, by notational voting, to ratify the earlier appointments of Judges Bullock, Lord, McNamara, Pender and Shaw. Also out of an abundance of caution, on February 8, 2018, the Commission voted, by notational voting, in connection with Judge Cheney's original appointment. Accordingly, the Commission's ALJs have all been appointed and/or ratified in conformance with the Constitution, and all applicable statutes and regulations. In addition, by this Notice, the Commission reiterates its approval of the appointments of Judges Bullock, Cheney, Lord, McNamara, Pender, and Shaw as its own under the Constitution. By order of the Commission. Issued: September 5, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018-19584 Filed 9-7-18; 8:45 am] BILLING CODE 7020-02-P
![45678 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
Fitness Systems, Inc. on September 4, issuance of any final initial personnel,2 solely for cybersecurity
2018. The complaint alleges violations determination in this investigation. Any purposes. All nonconfidential written
of section 337 of the Tariff Act of 1930 written submissions on other issues submissions will be available for public
(19 U.S.C. 1337) in the importation into should be filed no later than by close of inspection at the Office of the Secretary
the United States, the sale for business nine calendar days after the and on EDIS.3
importation, and the sale within the date of publication of this notice in the This action is taken under the
United States after importation of Federal Register. Complainant may file authority of section 337 of the Tariff Act
certain strength-training systems and a reply to any written submission no of 1930, as amended (19 U.S.C. 1337),
components thereof. The complaint later than the date on which and of §§ 201.10 and 210.8(c) of the
names as respondents: TuffStuff Fitness complainant’s reply would be due Commission’s Rules of Practice and
International, Inc., of Chino, CA; and under § 210.8(c)(2) of the Commission’s Procedure (19 CFR 201.10, 210.8(c)).
Shandong Relax Health Industry Co. Rules of Practice and Procedure (19 CFR By order of the Commission.
Ltd. of China. The complainant requests 210.8(c)(2)). Issued: September 4, 2018.
that the Commission issue a limited Persons filing written submissions
exclusion order, cease and desist orders must file the original document Lisa R. Barton,
and impose a bond during the 60-day electronically on or before the deadlines Secretary to the Commission.
review period pursuant to 19 U.S.C. stated above and submit 8 true paper [FR Doc. 2018–19500 Filed 9–7–18; 8:45 am]
1337(j). copies to the Office of the Secretary by BILLING CODE 7020–02–P
Proposed respondents, other noon the next day pursuant to § 210.4(f)
interested parties, and members of the of the Commission’s Rules of Practice
public are invited to file comments, not and Procedure (19 CFR 210.4(f)). INTERNATIONAL TRADE
to exceed five (5) pages in length, Submissions should refer to the docket COMMISSION
inclusive of attachments, on any public number (‘‘Docket No. 3338) in a
interest issues raised by the complaint prominent place on the cover page and/ The Appointment of the Commission’s
or the first page. (See Handbook for Administrative Law Judges for Section
or § 210.8(b) filing. Comments should
Electronic Filing Procedures, Electronic 337 Investigations
address whether issuance of the relief
specifically requested by the Filing Procedures).1 Persons with AGENCY: U.S. International Trade
complainant in this investigation would questions regarding filing should Commission.
affect the public health and welfare in contact the Secretary (202–205–2000). ACTION: Notice.
the United States, competitive Any person desiring to submit a
conditions in the United States document to the Commission in SUMMARY: Notice is hereby given that
economy, the production of like or confidence must request confidential the U.S. International Trade
directly competitive articles in the treatment. All such requests should be Commission’s administrative law judges
United States, or United States directed to the Secretary to the (‘‘ALJs’’) have been appointed in
consumers. Commission and must include a full conformance with the Appointments
In particular, the Commission is statement of the reasons why the Clause of the U.S. Constitution and with
interested in comments that: Commission should grant such the Tariff Act.
(i) Explain how the articles treatment. See 19 CFR 201.6. Documents FOR FURTHER INFORMATION CONTACT:
potentially subject to the requested for which confidential treatment by the Sidney A. Rosenzweig, Office of the
remedial orders are used in the United Commission is properly sought will be General Counsel, U.S. International
States; treated accordingly. All such requests Trade Commission, 500 E Street SW,
(ii) identify any public health, safety, should be directed to the Secretary to Washington, DC 20436, telephone (202)
or welfare concerns in the United States the Commission and must include a full 708–2532. General information
relating to the requested remedial statement of the reasons why the concerning the Commission may also be
orders; Commission should grant such obtained by accessing its internet server
(iii) identify like or directly treatment. See 19 CFR 201.6. Documents at http://www.usitc.gov. Hearing-
competitive articles that complainant, for which confidential treatment by the impaired persons are advised that
its licensees, or third parties make in the Commission is properly sought will be information on this matter can be
United States which could replace the treated accordingly. All information, obtained by contacting the Commission
subject articles if they were to be including confidential business TDD terminal on (202) 205–1810.
excluded; information and documents for which SUPPLEMENTARY INFORMATION: Section
(iv) indicate whether complainant, confidential treatment is properly 337 of the Tariff Act of 1930, as
complainant’s licensees, and/or third sought, submitted to the Commission for amended (19 U.S.C. 1337), provides for
party suppliers have the capacity to purposes of this Investigation may be certain determinations to be ‘‘made on
replace the volume of articles disclosed to and used: (i) By the the record after notice and opportunity
potentially subject to the requested Commission, its employees and Offices, for a hearing in conformity with the
exclusion order and/or a cease and and contract personnel (a) for provisions of subchapter II of chapter 5
desist order within a commercially developing or maintaining the records of title 5.’’ 19 U.S.C. 1337(c). Pursuant
reasonable time; and of this or a related proceeding, or (b) in to subchapter II of chapter 5 of title 5,
(v) explain how the requested internal investigations, audits, reviews, the Commission employs ALJs to
remedial orders would impact United and evaluations relating to the conduct formal adjudications and to
States consumers. programs, personnel, and operations of
daltland on DSKBBV9HB2PROD with NOTICES
Written submissions on the public make initial and recommended
the Commission including under 5 determinations. 5 U.S.C. 556–557; 19
interest must be filed no later than by
U.S.C. Appendix 3; or (ii) by U.S. CFR 210.3 (‘‘administrative law judge’’).
close of business, eight calendar days
government employees and contract
after the date of publication of this 2 All contract personnel will sign appropriate
notice in the Federal Register. There 1 Handbook for Electronic Filing Procedures: nondisclosure agreements.
will be further opportunities for https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System
comment on the public interest after the filing_procedures.pdf. (EDIS): https://edis.usitc.gov.
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![Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45679
Pursuant to section 331 of the Tariff Act, Accordingly, the Commission’s ALJs INTERNATIONAL TRADE
19 U.S.C. 1331, the Chairman of the have all been appointed and/or ratified COMMISSION
Commission has the authority to in conformance with the Constitution,
[Investigation No. 337–TA–1053]
‘‘appoint and fix the compensation of and all applicable statutes and
such employees of the Commission as regulations. In addition, by this Notice, Certain Two-Way Radio Equipment and
he deems necessary,’’ including ALJs. the Commission reiterates its approval Systems, Related Software and
19 U.S.C. 1331(a)(1)(A)(1). Any such of the appointments of Judges Bullock, Components Thereof; Commission
decision by the Chairman, however, is Cheney, Lord, McNamara, Pender, and Determination To Review in Part an
‘‘subject to disapproval by a majority Shaw as its own under the Constitution. Initial Determination Finding a
vote of all the commissioners in office.’’ Violation of Section 337 and Order
Id. § 1331(a)(1)(C). The hiring of the By order of the Commission.
Nos. 38 and 47; To Request Written
Commission’s ALJs has been in Issued: September 5, 2018.
Submissions on Remedy, Bonding,
conformity with Titles 5 and 19 of the Lisa R. Barton, and the Public Interest; and To Extend
U.S. Code, as well as with such Secretary to the Commission. the Target Date
regulations as were then in force by the [FR Doc. 2018–19584 Filed 9–7–18; 8:45 am]
Office of Personnel Management, 5 CFR AGENCY: U.S. International Trade
BILLING CODE 7020–02–P
930.201–.211. Commission.
The Appointments Clause of the ACTION: Notice.
Constitution, art. II, § 2, cl. 2, provides, INTERNATIONAL TRADE
in relevant part, that Congress may vest SUMMARY: Notice is hereby given that
COMMISSION the U.S. International Trade
the appointment of inferior officers ‘‘in
the Heads of Departments.’’ In the past Commission has determined to review-
two years, there have been legal [USITC SE–18–041] in-part a final initial determination
developments concerning the (‘‘ID’’) of the presiding administrative
Government in the Sunshine Act law judge (‘‘ALJ’’) finding a violation of
Appointments Clause. These
Meeting Notice section 337 and the ALJ’s Order Nos. 38
developments have included the 2016
decision of the U.S. Court of Appeals for and 47. The Commission is requesting
the Tenth Circuit finding ALJs of the AGENCY HOLDING THE MEETING: United written submissions on remedy,
Securities and Exchange Commission States International Trade Commission. bonding, and the public interest
(‘‘SEC’’) to be ‘‘inferior officers’’ for the including submissions in response to
TIME AND DATE: September 12, 2018 at certain questions directed to the public
purpose of the Appointments Clause, 11:00 a.m.
Bandimere v. SEC, 844 F.3d 1168, 1188 interest. The Commission has also
(10th Cir. 2016), reh’g en banc denied PLACE: Room 101, 500 E Street SW, extended the target date for completion
(May 3, 2017). In 2018, the Supreme Washington, DC 20436, Telephone: of the investigation to November 16,
Court decided that the ALJs of the SEC (202) 205–2000. 2018.
are inferior officers whose appointments FOR FURTHER INFORMATION CONTACT:
STATUS: Open to the public.
were to be made by SEC and not by the Clint Gerdine, Esq., Office of the
SEC’s staff. Lucia v. SEC, 138 S. Ct. MATTERS TO BE CONSIDERED: General Counsel, U.S. International
2044, 2053–54 (2018); see Free 1. Agendas for future meetings: None. Trade Commission, 500 E Street SW,
Enterprise Fund v. Public Company Washington, DC 20436, telephone (202)
2. Minutes. 708–2310. Copies of non-confidential
Accounting Oversight Bd., 561 U.S. 477,
512 (2010). 3. Ratification List. documents filed in connection with this
The hiring of the Commission’s ALJs 4. Vote on Inv. No. 731–TA–1189 investigation are or will be available for
is, and has been, consistent with the (Review)(Large Power Transformers inspection during official business
Appointments Clause and with the from Korea). The Commission is hours (8:45 a.m. to 5:15 p.m.) in the
Commission’s organic statute. currently scheduled to complete Office of the Secretary, U.S.
Throughout at least the period of time and file its determination and views International Trade Commission, 500 E
between the hiring of the most-senior of the Commission by September Street SW, Washington, DC 20436,
ALJ at the Commission (Chief Judge telephone (202) 205–2000. General
26, 2018.
Bullock) until the present, the information concerning the Commission
appointment of ALJs has been made by 5. Outstanding action jackets: None. may also be obtained by accessing its
the Chairman, and no Commissioner has In accordance with Commission internet server at https://www.usitc.gov.
initiated a vote to disapprove the policy, subject matter listed above, not The public record for this investigation
appointment of an ALJ, as is the disposed of at the scheduled meeting, may be viewed on the Commission’s
Commissioner’s right under 19 U.S.C. may be carried over to the agenda of the electronic docket (EDIS) at https://
1331(a)(1)(C). Out of an abundance of edis.usitc.gov. Hearing-impaired
following meeting.
caution, on March 14 and 15, 2018, the persons are advised that information on
Commission (then-Chairman By order of the Commission. this matter can be obtained by
Schmidtlein, joined by then-Vice Issued: September 5, 2018. contacting the Commission’s TDD
Chairman Johanson, and Commissioners William Bishop, terminal on (202) 205–1810.
Williamson and Broadbent) voted, by Supervisory Hearings and Information SUPPLEMENTARY INFORMATION: The
daltland on DSKBBV9HB2PROD with NOTICES
notational voting, to ratify the earlier Officer. Commission instituted this investigation
appointments of Judges Bullock, Lord, [FR Doc. 2018–19703 Filed 9–6–18; 4:15 pm] on May 3, 2017, based on a complaint
McNamara, Pender and Shaw. Also out filed on behalf of Motorola Solutions,
BILLING CODE 7020–02–P
of an abundance of caution, on February Inc. (‘‘Motorola’’) of Chicago, Illinois. 82
8, 2018, the Commission voted, by FR 20635–36. The complaint alleged
notational voting, in connection with violations of section 337 of the Tariff
Judge Cheney’s original appointment. Act of 1930, as amended, 19 U.S.C.
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Document Created: 2018-09-08 00:43:01
Document Modified: 2018-09-08 00:43:01
| 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 | Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2532. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on (202) 205-1810. | |
| FR Citation | 83 FR 45678 |
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