83_FR_53500 83 FR 53296 - Certain Road Milling Machines and Components Thereof; Notice of Request for Statements on the Public Interest

83 FR 53296 - Certain Road Milling Machines and Components Thereof; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 204 (October 22, 2018)

Page Range53296-53297
FR Document2018-22920

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. 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 204 (Monday, October 22, 2018)
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Pages 53296-53297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22920]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1067]


Certain Road Milling Machines 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. 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: Michael Liberman, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or 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 Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (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 the 
public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such 
action. A similar provision applies to cease and desist orders. 19 
U.S.C. 1337(f)(1).
    The Commission is soliciting comments on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: (1) A limited exclusion order (``LEO'') 
against certain road milling machines and components thereof, which are 
imported, sold for importation, and/or sold after importation by 
respondent Caterpillar Prodotti Stradali S.r.L.; Caterpillar Americas 
CV; Caterpillar Paving Products, Inc.; and Caterpillar Inc. 
(``Caterpillar''); and (2) a cease and desist order (``CDO'') against 
Caterpillar.
    The Commission is interested in further development of the record 
on the public interest in this investigation. 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 October 15, 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 Friday, November 9, 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-1067'') 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. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for

[[Page 53297]]

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, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All non-confidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 16, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-22920 Filed 10-19-18; 8:45 am]
 BILLING CODE 7020-02-P



                                               53296                        Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices

                                                  For further information concerning                   FOR FURTHER INFORMATION CONTACT:                      find a violation, would affect the public
                                               these investigations see the                            Michael Liberman, Office of the General               health and welfare in the United States,
                                               Commission’s notice cited above and                     Counsel, U.S. International Trade                     competitive conditions in the United
                                               the Commission’s Rules of Practice and                  Commission, 500 E Street SW,                          States economy, the production of like
                                               Procedure, part 201, subparts A and B                   Washington, DC 20436, telephone (202)                 or directly competitive articles in the
                                               (19 CFR part 201), and part 207,                        205–3115. Copies of non-confidential                  United States, or United States
                                               subparts A and C (19 CFR part 207).                     documents filed in connection with this               consumers.
                                                  Additional written submissions to the                investigation are or will be available for               In particular, the Commission is
                                               Commission, including requests                          inspection during official business                   interested in comments that:
                                               pursuant to section 201.12 of the                       hours (8:45 a.m. to 5:15 p.m.) in the                    (i) Explain how the articles
                                               Commission’s rules, shall not be                        Office of the Secretary, U.S.                         potentially subject to the recommended
                                               accepted unless good cause is shown for                 International Trade Commission, 500 E                 orders are used in the United States;
                                               accepting such submissions, or unless                   Street SW, Washington, DC 20436,                         (ii) Identify any public health, safety,
                                               the submission is pursuant to a specific                telephone (202) 205–2000. General                     or welfare concerns in the United States
                                               request by a Commissioner or                            information concerning the Commission                 relating to the recommended orders;
                                               Commission staff.                                       may also be obtained by accessing its                    (iii) Identify like or directly
                                                  In accordance with sections 201.16(c)                internet server (https://www.usitc.gov).              competitive articles that complainants,
                                                                                                                                                             their licensees, or third parties make in
                                               and 207.3 of the Commission’s rules,                    The public record for this investigation
                                                                                                                                                             the United States which could replace
                                               each document filed by a party to the                   may be viewed on the Commission’s
                                                                                                                                                             the subject articles if they were to be
                                               investigations must be served on all                    Electronic Docket Information System
                                                                                                                                                             excluded;
                                               other parties to the investigations (as                 (‘‘EDIS’’) (https://edis.usitc.gov).                     (iv) Indicate whether complainants,
                                               identified by either the public or BPI                  Hearing-impaired persons are advised                  complainants’ licensees, and/or third
                                               service list), and a certificate of service             that information on this matter can be                party suppliers have the capacity to
                                               must be timely filed. The Secretary will                obtained by contacting the                            replace the volume of articles
                                               not accept a document for filing without                Commission’s TDD terminal, telephone                  potentially subject to the recommended
                                               a certificate of service.                               (202) 205–1810.                                       exclusion order and/or a cease and
                                                  Authority: These investigations are                  SUPPLEMENTARY INFORMATION: Section                    desist order within a commercially
                                               being conducted under authority of title                337 of the Tariff Act of 1930 (‘‘Section              reasonable time; and
                                               VII of the Tariff Act of 1930; this notice              337’’) provides that if the Commission                   (v) Explain how the LEO and CDO
                                               is published pursuant to section 207.21                 finds a violation it shall exclude the                would impact consumers in the United
                                               of the Commission’s rules.                              articles concerned from the United                    States.
                                                 By order of the Commission.                           States unless the public interest factors                Written submissions from the public
                                                 Issued: October 17, 2018.                             listed in 19 U.S.C. 1337(d)(1) prevent                must be filed no later than by close of
                                               Lisa Barton,                                            such action. A similar provision applies              business on Friday, November 9, 2018.
                                               Secretary to the Commission.
                                                                                                       to cease and desist orders. 19 U.S.C.                    Persons filing written submissions
                                                                                                       1337(f)(1).                                           must file the original document
                                               [FR Doc. 2018–22961 Filed 10–19–18; 8:45 am]
                                                                                                          The Commission is soliciting                       electronically on or before the deadlines
                                               BILLING CODE 7020–02–P
                                                                                                       comments on public interest issues                    stated above and submit 8 true paper
                                                                                                       raised by the recommended relief                      copies to the Office of the Secretary by
                                               INTERNATIONAL TRADE                                     should the Commission find a violation,               noon the next day pursuant to section
                                               COMMISSION                                              specifically: (1) A limited exclusion                 210.4(f) of the Commission’s Rules of
                                                                                                       order (‘‘LEO’’) against certain road                  Practice and Procedure (19 CFR
                                                                                                       milling machines and components                       210.4(f)). Submissions should refer to
                                               [Investigation No. 337–TA–1067]                         thereof, which are imported, sold for                 the investigation number (‘‘Inv. No.
                                                                                                       importation, and/or sold after                        337–TA–1067’’) in a prominent place on
                                               Certain Road Milling Machines and
                                                                                                       importation by respondent Caterpillar                 the cover page and/or the first page. (See
                                               Components Thereof; Notice of
                                                                                                       Prodotti Stradali S.r.L.; Caterpillar                 Handbook for Electronic Filing
                                               Request for Statements on the Public
                                                                                                       Americas CV; Caterpillar Paving                       Procedures, https://www.usitc.gov/
                                               Interest
                                                                                                       Products, Inc.; and Caterpillar Inc.                  secretary/documents/handbook_on_
                                               AGENCY: U.S. International Trade                        (‘‘Caterpillar’’); and (2) a cease and                filing_procedures.pdf.). Persons with
                                               Commission.                                             desist order (‘‘CDO’’) against Caterpillar.           questions regarding filing should
                                               ACTION: Notice.                                            The Commission is interested in                    contact the Secretary (202–205–2000).
                                                                                                       further development of the record on                  Any person desiring to submit a
                                               SUMMARY:    Notice is hereby given that                 the public interest in this investigation.            document to the Commission in
                                               the presiding administrative law judge                  Accordingly, parties are to file public               confidence must request confidential
                                               has issued a Final Initial Determination                interest submissions pursuant to 19 CFR               treatment. All such requests should be
                                               on Section 337 Violation and a                          210.50(a)(4). In addition, members of                 directed to the Secretary to the
                                               Recommended Determination on                            the public are hereby invited to file                 Commission and must include a full
                                               Remedy and Bonding in the above-                        submissions of no more than five (5)                  statement of the reasons why the
                                               captioned investigation. The                            pages, inclusive of attachments,                      Commission should grant such
                                               Commission is soliciting comments on                    concerning the public interest in light of            treatment. See 19 CFR 201.6. Documents
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                                               public interest issues raised by the                    the administrative law judge’s                        for which confidential treatment by the
                                               recommended relief, should the                          Recommended Determination on                          Commission is properly sought will be
                                               Commission find a violation. This                       Remedy and Bonding issued in this                     treated accordingly. All information,
                                               notice is soliciting public interest                    investigation on October 15, 2018.                    including confidential business
                                               comments from the public only. Parties                  Comments should address whether                       information and documents for which
                                               are to file public interest submissions                 issuance of the LEO and CDO in this                   confidential treatment is properly
                                               pursuant to Commission rules.                           investigation, should the Commission                  sought, submitted to the Commission for


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                                                                            Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices                                                   53297

                                               purposes of this Investigation may be                   assessment activities are publicly                      To submit                  Send them to:
                                               disclosed to and used: (i) By the                       available at nfpa.org.                                  comments:
                                               Commission, its employees and Offices,                     On September 20, 2004, NFPA filed
                                               and contract personnel (a) for                          its original notification pursuant to                 By mail ...........   Assistant Attorney General,
                                               developing or maintaining the records                   Section 6(a) of the Act. The Department                                       U.S. DOJ—ENRD, P.O.
                                                                                                                                                                                     Box 7611, Washington,
                                               of this or a related proceeding, or (b) in              of Justice published a notice in the                                          DC 20044–7611.
                                               internal investigations, audits, reviews,               Federal Register pursuant to Section
                                               and evaluations relating to the                         6(b) of the Act on October 21, 2018 (69
                                                                                                                                                               During the public comment period,
                                               programs, personnel, and operations of                  FR 61869).
                                                                                                                                                             the consent decree may be examined
                                               the Commission including under 5                           The last notification was filed with
                                                                                                                                                             and downloaded at this Justice
                                               U.S.C. Appendix 3; or (ii) by U.S.                      the Department on July 31, 2018. A
                                                                                                                                                             Department website: https://
                                               government employees and contract                       notice was published in the Federal
                                                                                                                                                             www.justice.gov/enrd/consent-decrees.
                                               personnel, solely for cybersecurity                     Register pursuant to Section 6(b) of the
                                                                                                                                                             We will provide a paper copy of the
                                               purposes. All contract personnel will                   Act on August 20, 2018 (83 FR 42144).
                                                                                                                                                             consent decree upon written request
                                               sign appropriate nondisclosure                                                                                and payment of reproduction costs.
                                                                                                       Suzanne Morris,
                                               agreements. All non-confidential                                                                              Please mail your request and payment
                                                                                                       Chief, Premerger and Division Statistics Unit,
                                               written submissions will be available for                                                                     to: Consent Decree Library, U.S. DOJ—
                                                                                                       Antitrust Division.
                                               public inspection at the Office of the                                                                        ENRD, P.O. Box 7611, Washington, DC
                                                                                                       [FR Doc. 2018–22925 Filed 10–19–18; 8:45 am]
                                               Secretary and on EDIS.                                                                                        20044–7611.
                                                                                                       BILLING CODE 4410–11–P
                                                 The authority for the Commission’s                                                                            Please enclose a check or money order
                                               determination is contained in section                                                                         for $3.50 (25 cents per page
                                               337 of the Tariff Act of 1930, as                       DEPARTMENT OF JUSTICE                                 reproduction cost) payable to the United
                                               amended (19 U.S.C. 1337), and in part                                                                         States Treasury.
                                               210 of the Commission’s Rules of                        Notice of Lodging of Proposed
                                               Practice and Procedure (19 CFR part                     Consent Decree Under the                              Randall M. Stone,
                                               210).                                                   Comprehensive Environmental                           Acting Assistant Section Chief,
                                                                                                       Response, Compensation, and Liability                 Environmental Enforcement Section,
                                                 By order of the Commission.
                                                                                                                                                             Environment and Natural Resources Division.
                                                 Issued: October 16, 2018.                             Act
                                                                                                                                                             [FR Doc. 2018–22984 Filed 10–19–18; 8:45 am]
                                               Lisa Barton,                                              On October 15, 2018, the Department                 BILLING CODE 4410–15–P
                                               Secretary to the Commission.                            of Justice lodged a proposed consent
                                               [FR Doc. 2018–22920 Filed 10–19–18; 8:45 am]            decree with the United States District
                                               BILLING CODE 7020–02–P                                  Court for the Eastern District of
                                                                                                       Michigan in the lawsuit entitled United               DEPARTMENT OF LABOR
                                                                                                       States v. Federal-Mogul, LLC, Civil
                                                                                                       Action No. 2:18-cv-13205.                             Employment and Training
                                               DEPARTMENT OF JUSTICE                                     The United States filed this lawsuit                Administration
                                                                                                       under the Comprehensive
                                               Antitrust Division                                      Environmental Response,                               Notice of Determinations Regarding
                                                                                                       Compensation, and Liability Act. The                  Eligibility To Apply for Trade
                                               Notice Pursuant to the National                         United States’ complaint seeks recovery               Adjustment Assistance
                                               Cooperative Research and Production                     of EPA’s past response costs for the
                                               Act of 1993—National Fire Protection                                                                            In accordance with the Section 223
                                                                                                       cleanup of the Shoemaker Street                       (19 U.S.C. 2273) of the Trade Act of
                                               Association                                             Superfund Site in Detroit, Michigan.                  1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as
                                                  Notice is hereby given that, on                      The consent decree requires the                       amended, the Department of Labor
                                               October 10, 2018, pursuant to Section                   defendant to pay $425,000 of EPA’s past               herein presents summaries of
                                               6(a) of the National Cooperative                        response costs. Upon payment, the                     determinations regarding eligibility to
                                               Research and Production Act of 1993,                    defendant will receive a covenant not to              apply for trade adjustment assistance
                                               15 U.S.C. 4301 et seq. (‘‘the Act’’),                   sue for any EPA response costs related                under Chapter 2 of the Act (‘‘TAA’’) for
                                               National Fire Protection Association                    to the Site that predate the entry of the             workers by (TA–W) number issued
                                               (‘‘NFPA’’) has filed written notifications              consent decree.                                       during the period of July 14, 2018
                                               simultaneously with the Attorney                          The publication of this notice opens                through August 17, 2018. (This Notice
                                               General and the Federal Trade                           a period for public comment on the                    primarily follows the language of the
                                               Commission disclosing additions or                      consent decree. Comments should be                    Trade Act. In some places however,
                                               changes to its standards development                    addressed to the Assistant Attorney                   changes such as the inclusion of
                                               activities. The notifications were filed                General, Environment and Natural                      subheadings, a reorganization of
                                               for the purpose of extending the Act’s                  Resources Division, and should refer to               language, or ‘‘and,’’ ‘‘or,’’ or other words
                                               provisions limiting the recovery of                     United States v. Federal-Mogul LLC, D.J.              are added for clarification.)
                                               antitrust plaintiffs to actual damages                  Ref. No. 90–11–3–11568. All comments
                                                                                                       must be submitted no later than thirty                Section 222(a)—Workers of a Primary
                                               under specified circumstances.
                                                                                                       (30) days after the publication date of               Firm
                                               Specifically, NFPA has provided an
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                                               updated and current list of its standards               this notice. Comments may be                            In order for an affirmative
                                               development activities, related technical               submitted either by email or by mail:                 determination to be made for workers of
                                               committee and conformity assessment                                                                           a primary firm and a certification issued
                                                                                                         To submit
                                               activities. Information concerning NFPA                   comments:                  Send them to:            regarding eligibility to apply for TAA,
                                               regulations, technical committees,                                                                            the group eligibility requirements under
                                               current standards, standards                            By email .........   pubcomment-ees.enrd@             Section 222(a) of the Act (19 U.S.C.
                                               development and conformity                                                     usdoj.gov.                     2272(a)) must be met, as follows:


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Document Created: 2018-10-20 01:50:31
Document Modified: 2018-10-20 01:50:31
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.
ContactMichael Liberman, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3115. Copies of non- confidential documents filed in connection with this investigation are or 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 Information System (``EDIS'') (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal, telephone (202) 205-1810.
FR Citation83 FR 53296 

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