83_FR_5166 83 FR 5142 - Certain Magnetic Tape Cartridges and Components Thereof; Notice of Request for Statements on the Public Interest

83 FR 5142 - Certain Magnetic Tape Cartridges and Components Thereof; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range5142-5143
FR Document2018-02178

Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the above- captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation, specifically a limited exclusion order (``LEO'') against certain magnetic tape cartridges and components thereof, which are imported, sold for importation, and/or sold after importation by Respondents Fujifilm Holdings Corporation of Tokyo, Japan; Fujifilm Corporation of Tokyo, Japan; Fujifilm Holdings America Corporation of Valhalla, New York; and Fujifilm Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively ``Fujifilm'' or ``Respondents''); and a cease and desist order (``CDO'') against Respondents. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5142-5143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02178]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1036]


Certain Magnetic Tape Cartridges and Components Thereof; Notice 
of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the presiding administrative law 
judge has issued a Final Initial Determination on Section 337 Violation 
and a Recommended Determination on Remedy and Bonding in the above-
captioned investigation. The Commission is soliciting comments on 
public interest issues raised by the recommended relief, should the 
Commission find a violation, specifically a limited exclusion order 
(``LEO'') against certain magnetic tape cartridges and components 
thereof, which are imported, sold for importation, and/or sold after 
importation by Respondents Fujifilm Holdings Corporation of Tokyo, 
Japan; Fujifilm Corporation of Tokyo, Japan; Fujifilm Holdings America 
Corporation of Valhalla, New York; and Fujifilm Recording Media U.S.A., 
Inc. of Bedford, Massachusetts (collectively ``Fujifilm'' or 
``Respondents''); and a cease and desist order (``CDO'') against 
Respondents. This notice is soliciting public interest comments from 
the public only. Parties are to file public interest submissions 
pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. The public version of 
the complaint can be accessed on the Commission's electronic docket 
(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 (https://www.usitc.gov). The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the

[[Page 5143]]

Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 
(``Section 337'') provides that if the Commission finds a violation it 
shall exclude the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is interested in further development of the record 
on the public interest in these investigations. Accordingly, parties 
are to file public interest submissions pursuant to 19 CFR 
210.50(a)(4). In addition, members of the public are hereby invited to 
file submissions of no more than five (5) pages, inclusive of 
attachments, concerning the public interest in light of the 
administrative law judge's Recommended Determination on Remedy and 
Bonding issued in this investigation on January 25, 2018. Comments 
should address whether issuance of the LEO and CDO in this 
investigation, should the Commission find a violation, 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 recommended 
orders are used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) Identify like or directly competitive articles that 
complainants, their licensees, or third parties make in the United 
States which could replace the subject articles if they were to be 
excluded;
    (iv) Indicate whether complainants, complainants' licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended exclusion order and/or 
a cease and desist order within a commercially reasonable time; and
    (v) Explain how the LEO and CDO would impact consumers in the 
United States.
    Written submissions from the public must be filed no later than by 
close of business on Thursday, March 1, 2018.
    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 section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1036'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 sections 201.10 
and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR 
201.10, 210.50).

    By order of the Commission.
    Issued: January 30, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-02178 Filed 2-2-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                5142                         Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices

                                                2000. General information concerning                    MSI Computer Corp., 901 Canada Court,                 INTERNATIONAL TRADE
                                                the Commission may also be obtained                       City of Industry, CA 91748                          COMMISSION
                                                by accessing its internet server at                     Nintendo Co., Ltd., 11–1 Hokotate-cho,
                                                https://www.usitc.gov. The public                                                                             [Investigation No. 337–TA–1036]
                                                                                                          Kamitoba, Minami-ku, Kyoto 601–
                                                record for this investigation may be                      8501, Japan                                         Certain Magnetic Tape Cartridges and
                                                viewed on the Commission’s electronic
                                                                                                        Nintendo of America Inc., 4600 150th                  Components Thereof; Notice of
                                                docket (EDIS) at https://edis.usitc.gov.
                                                                                                          Avenue NE, Redmond, WA 98052                        Request for Statements on the Public
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              Interest
                                                Katherine Hiner, the Office of the                      Nvidia Corporation, 2788 San Tomas
                                                Secretary, Docket Services, U.S.                          Expressway, Santa Clara, CA 95051                   AGENCY: U.S. International Trade
                                                International Trade Commission,                         PNY Technologies Inc., 100 Jefferson                  Commission.
                                                telephone (202) 205–1802.                                 Road, Parsippany, NJ 07054                          ACTION: Notice.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        Zotac International (MCO) Ltd., Rua de                SUMMARY:    Notice is hereby given that
                                                  Authority: The authority for institution of             Pequim No. 202A–246, Macau
                                                this investigation is contained in section 337                                                                the presiding administrative law judge
                                                                                                          Finance Centre, 16 Andar L, Macau,                  has issued a Final Initial Determination
                                                of the Tariff Act of 1930, as amended, 19                 Macau
                                                U.S.C. 1337 and in section 210.10 of the                                                                      on Section 337 Violation and a
                                                Commission’s Rules of Practice and                      Zotac USA Inc., 1220 Highland Avenue,                 Recommended Determination on
                                                Procedure, 19 CFR 210.10 (2017).                          Suite 930, Duarte, CA 91009                         Remedy and Bonding in the above-
                                                  Scope of Investigation: Having                                                                              captioned investigation. The
                                                considered the complaint, the U.S.                         (3) For the investigation so instituted,
                                                                                                        the Chief Administrative Law Judge,                   Commission is soliciting comments on
                                                International Trade Commission, on                                                                            public interest issues raised by the
                                                January 29, 2018, ORDERED THAT—                         U.S. International Trade Commission,
                                                                                                        shall designate the presiding                         recommended relief, should the
                                                  (1) Pursuant to subsection (b) of                                                                           Commission find a violation,
                                                section 337 of the Tariff Act of 1930, as               Administrative Law Judge.
                                                                                                                                                              specifically a limited exclusion order
                                                amended, an investigation be instituted                    The Office of Unfair Import                        (‘‘LEO’’) against certain magnetic tape
                                                to determine whether there is a                         Investigations will not participate as a              cartridges and components thereof,
                                                violation of subsection (a)(1)(B) of                    party in this investigation.                          which are imported, sold for
                                                section 337 in the importation into the                    Responses to the complaint and the                 importation, and/or sold after
                                                United States, the sale for importation,                notice of investigation must be                       importation by Respondents Fujifilm
                                                or the sale within the United States after              submitted by the named respondents in                 Holdings Corporation of Tokyo, Japan;
                                                importation of certain graphics                         accordance with section 210.13 of the                 Fujifilm Corporation of Tokyo, Japan;
                                                processors and products containing the                  Commission’s Rules of Practice and                    Fujifilm Holdings America Corporation
                                                same by reason of infringement of one                   Procedure, 19 CFR 210.13. Pursuant to                 of Valhalla, New York; and Fujifilm
                                                or more of claims 1–11 of the ‘355                      19 CFR 201.16(e) and 210.13(a), such                  Recording Media U.S.A., Inc. of
                                                Patent; claims 1, 2, 6, 7, and 11–19 of                 responses will be considered by the                   Bedford, Massachusetts (collectively
                                                the ‘800 Patent; claims 1–16 of the ‘156                Commission if received not later than 20              ‘‘Fujifilm’’ or ‘‘Respondents’’); and a
                                                Patent; and claims 1–10 and 15–20 of                    days after the date of service by the                 cease and desist order (‘‘CDO’’) against
                                                the ‘659 Patent; and whether an                         Commission of the complaint and the                   Respondents. This notice is soliciting
                                                industry in the United States exists as                 notice of investigation. Extensions of                public interest comments from the
                                                required by subsection (a)(2) of section                time for submitting responses to the                  public only. Parties are to file public
                                                337;                                                    complaint and the notice of                           interest submissions pursuant to
                                                  (2) For the purpose of the                            investigation will not be granted unless              Commission rules.
                                                investigation so instituted, the following              good cause therefor is shown.                         FOR FURTHER INFORMATION CONTACT:
                                                are hereby named as parties upon which
                                                this notice of investigation shall be                      Failure of a respondent to file a timely           Cathy Chen, Office of the General
                                                served:                                                 response to each allegation in the                    Counsel, U.S. International Trade
                                                  (a) The complainant is: ZiiLabs Inc.,                 complaint and in this notice may be                   Commission, 500 E Street SW,
                                                Ltd., Clarendon House, 2 Church Street,                 deemed to constitute a waiver of the                  Washington, DC 20436, telephone (202)
                                                Hamilton, HM11, Bermuda.                                right to appear and contest the                       205–2392. The public version of the
                                                  (b) The respondents are the following                 allegations of the complaint and this                 complaint can be accessed on the
                                                entities alleged to be in violation of                  notice, and to authorize the                          Commission’s electronic docket (EDIS)
                                                section 337, and are the parties upon                   administrative law judge and the                      at https://edis.usitc.gov, and will be
                                                which the complaint is to be served:                    Commission, without further notice to                 available for inspection during official
                                                ASUSTeK Computer Inc., No. 15, Li-Te                    the respondent, to find the facts to be as            business hours (8:45 a.m. to 5:15 p.m.)
                                                  Road, Beitou District, Taipei 112,                    alleged in the complaint and this notice              in the Office of the Secretary, U.S.
                                                  Taiwan                                                and to enter an initial determination                 International Trade Commission, 500 E
                                                ASUS Computer International, 800                        and a final determination containing                  Street SW, Washington, DC 20436,
                                                  Corporate Way, Freemont, CA 94539                     such findings, and may result in the                  telephone (202) 205–2000.
                                                EVGA Corporation, 408 Saturn Street,                    issuance of an exclusion order or a cease                General information concerning the
                                                  Brea, CA 92821                                        and desist order or both directed against             Commission may also be obtained by
                                                                                                                                                              accessing its internet server (https://
sradovich on DSK3GMQ082PROD with NOTICES




                                                Gigabyte Technology Co., Ltd., No. 6,                   the respondent.
                                                  Baoqiang Road, Xindian District, New                                                                        www.usitc.gov). The public record for
                                                                                                          By order of the Commission.
                                                  Taipei City 231, Taiwan                                                                                     this investigation may be viewed on the
                                                                                                          Issued: January 30, 2018.                           Commission’s electronic docket (EDIS)
                                                G.B.T. Inc., 17358 Railroad Street, City
                                                  of Industry, CA 91748                                 Lisa R. Barton,                                       at https://edis.usitc.gov. Hearing-
                                                Micro-Star International Co., Ltd., No.                 Secretary to the Commission.                          impaired persons are advised that
                                                  69, Lide Street, Zhonghe District, New                [FR Doc. 2018–02177 Filed 2–2–18; 8:45 am]            information on this matter can be
                                                  Taipei City 235, Taiwan                               BILLING CODE 7020–02–P                                obtained by contacting the


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                                                                             Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices                                              5143

                                                Commission’s TDD terminal on (202)                         Written submissions from the public                SUMMARY:    The Commission hereby gives
                                                205–1810.                                               must be filed no later than by close of               notice of the institution of investigations
                                                SUPPLEMENTARY INFORMATION: Section                      business on Thursday, March 1, 2018.                  and commencement of preliminary
                                                337 of the Tariff Act of 1930 (‘‘Section                   Persons filing written submissions                 phase antidumping and countervailing
                                                337’’) provides that if the Commission                  must file the original document                       duty investigation Nos. 701–TA–598–
                                                finds a violation it shall exclude the                  electronically on or before the deadlines             600 and 731–TA–1408–1410
                                                articles concerned from the United                      stated above and submit 8 true paper                  (Preliminary) pursuant to the Tariff Act
                                                States:                                                 copies to the Office of the Secretary by              of 1930 (‘‘the Act’’) to determine
                                                unless, after considering the effect of such            noon the next day pursuant to section                 whether there is a reasonable indication
                                                exclusion upon the public health and                    210.4(f) of the Commission’s Rules of                 that an industry in the United States is
                                                welfare, competitive conditions in the United           Practice and Procedure (19 CFR                        materially injured or threatened with
                                                States economy, the production of like or               210.4(f)). Submissions should refer to                material injury, or the establishment of
                                                directly competitive articles in the United             the investigation number (‘‘Inv. No.                  an industry in the United States is
                                                States, and United States consumers, it finds           337–TA–1036’’) in a prominent place on                materially retarded, by reason of
                                                that such articles should not be excluded               the cover page and/or the first page. (See            imports of rubber bands from China, Sri
                                                from entry.
                                                                                                        Handbook for Electronic Filing                        Lanka, and Thailand, provided for in
                                                19 U.S.C. 1337(d)(1). A similar                         Procedures, https://www.usitc.gov/                    subheading 4016.99.35 of the
                                                provision applies to cease and desist                   secretary/documents/handbook_on_                      Harmonized Tariff Schedule of the
                                                orders. 19 U.S.C. 1337(f)(1).                           filing_procedures.pdf). Persons with                  United States, that are alleged to be sold
                                                   The Commission is interested in                      questions regarding filing should                     in the United States at less than fair
                                                further development of the record on                    contact the Secretary (202–205–2000).                 value and alleged to be subsidized by
                                                the public interest in these                               Any person desiring to submit a                    the Governments of China, Sri Lanka,
                                                investigations. Accordingly, parties are                document to the Commission in                         and Thailand. Unless the Department of
                                                to file public interest submissions                     confidence must request confidential                  Commerce extends the time for
                                                pursuant to 19 CFR 210.50(a)(4). In                     treatment. All such requests should be                initiation, the Commission must reach
                                                addition, members of the public are                     directed to the Secretary to the                      preliminary determinations in
                                                hereby invited to file submissions of no                Commission and must include a full                    antidumping and countervailing duty
                                                more than five (5) pages, inclusive of                  statement of the reasons why the                      investigations in 45 days, or in this case
                                                attachments, concerning the public                      Commission should grant such                          by March 16, 2018. The Commission’s
                                                interest in light of the administrative                 treatment. See 19 CFR 201.6. Documents                views must be transmitted to Commerce
                                                law judge’s Recommended                                 for which confidential treatment by the               within five business days thereafter, or
                                                Determination on Remedy and Bonding                     Commission is properly sought will be                 by March 23, 2018.
                                                issued in this investigation on January                 treated accordingly. A redacted non-
                                                25, 2018. Comments should address                                                                             DATES: January 30, 2018.
                                                                                                        confidential version of the document
                                                whether issuance of the LEO and CDO                     must also be filed simultaneously with                FOR FURTHER INFORMATION CONTACT:
                                                in this investigation, should the                       any confidential filing. All non-                     Mary Messer (202–205–3193) or
                                                Commission find a violation, would                      confidential written submissions will be              Amanda Lawrence (202–205–3185),
                                                affect the public health and welfare in                 available for public inspection at the                Office of Investigations, U.S.
                                                the United States, competitive                          Office of the Secretary and on EDIS.                  International Trade Commission, 500 E
                                                conditions in the United States                            This action is taken under the                     Street SW, Washington, DC 20436.
                                                economy, the production of like or                      authority of section 337 of the Tariff Act            Hearing-impaired persons can obtain
                                                directly competitive articles in the                    of 1930, as amended (19 U.S.C. 1337),                 information on this matter by contacting
                                                United States, or United States                         and of sections 201.10 and 210.50 of the              the Commission’s TDD terminal on 202–
                                                consumers.                                              Commission’s Rules of Practice and                    205–1810. Persons with mobility
                                                   In particular, the Commission is                     Procedure (19 CFR 201.10, 210.50).                    impairments who will need special
                                                interested in comments that:                                                                                  assistance in gaining access to the
                                                   (i) Explain how the articles                           By order of the Commission.                         Commission should contact the Office
                                                potentially subject to the recommended                    Issued: January 30, 2018.
                                                                                                                                                              of the Secretary at 202–205–2000.
                                                orders are used in the United States;                   Lisa R. Barton,                                       General information concerning the
                                                   (ii) Identify any public health, safety,             Secretary to the Commission.                          Commission may also be obtained by
                                                or welfare concerns in the United States                [FR Doc. 2018–02178 Filed 2–2–18; 8:45 am]            accessing its internet server (https://
                                                relating to the recommended orders;                     BILLING CODE 7020–02–P                                www.usitc.gov). The public record for
                                                   (iii) Identify like or directly                                                                            these investigations may be viewed on
                                                competitive articles that complainants,                                                                       the Commission’s electronic docket
                                                their licensees, or third parties make in               INTERNATIONAL TRADE                                   (EDIS) at https://edis.usitc.gov.
                                                the United States which could replace                   COMMISSION
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                the subject articles if they were to be
                                                excluded;                                               [Investigation Nos. 701–TA–598–600 and                  Background.—These investigations
                                                   (iv) Indicate whether complainants,                  731–TA–1408–1410 (Preliminary)]                       are being instituted, pursuant to
                                                complainants’ licensees, and/or third                                                                         sections 703(a) and 733(a) of the Tariff
                                                party suppliers have the capacity to                    Rubber Bands From China, Sri Lanka,                   Act of 1930 (19 U.S.C. 1671b(a) and
                                                                                                        and Thailand; Institution of                          1673b(a)), in response to petitions filed
sradovich on DSK3GMQ082PROD with NOTICES




                                                replace the volume of articles
                                                potentially subject to the recommended                  Antidumping and Countervailing Duty                   on January 30, 2018, by Alliance Rubber
                                                exclusion order and/or a cease and                      Investigations and Scheduling of                      Co., Hot Springs, Arkansas.
                                                desist order within a commercially                      Preliminary Phase Investigations                        For further information concerning
                                                reasonable time; and                                    AGENCY: United States International                   the conduct of these investigations and
                                                   (v) Explain how the LEO and CDO                      Trade Commission.                                     rules of general application, consult the
                                                would impact consumers in the United                                                                          Commission’s Rules of Practice and
                                                                                                        ACTION: Notice.
                                                States.                                                                                                       Procedure, part 201, subparts A and B


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Document Created: 2018-02-03 01:24:40
Document Modified: 2018-02-03 01:24:40
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.
ContactCathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2392. The public version of the complaint can be accessed on the Commission's electronic docket (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 5142 

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