83 FR 59417 - U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports; Institution of Investigation and Scheduling of Hearing
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 226 (November 23, 2018)
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59417-59418 | |
| FR Document | 2018-25677 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Notices] [Pages 59417-59418] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25677] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. TA-131-044 and TPA-105-005] U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports; Institution of Investigation and Scheduling of Hearing AGENCY: United States International Trade Commission. ACTION: Notice of investigation and scheduling of a public hearing. ----------------------------------------------------------------------- SUMMARY: Following receipt on November 9, 2018, of a request from the United States Trade Representative (USTR) for a report containing advice and an assessment, the Commission instituted Investigation Nos. TA-131-044 and TPA-105-005, U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports. DATES: December 6, 2018: Deadline for filing requests to appear at the public hearing. December 10, 2018: Deadline for filing prehearing briefs and statements. December 18, 2018: Public hearing. January 4, 2019: Deadline for filing post-hearing briefs and submissions. January 4, 2019: Deadline for filing all other written statements. March 19, 2019: Transmittal of Commission report to the USTR. ADDRESSES: All Commission offices, including the Commission's hearing rooms, are located in the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC. All written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Project Leader Diana Friedman (202- 205-3433 or [email protected] ) or Deputy Project Leader Mary Roop (202-708-2277 or [email protected]) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its website (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. SUPPLEMENTARY INFORMATION: Background: In his letter of November 8, 2018, the USTR requested that the Commission provide certain advice under section 131 of the Trade Act of 1974 (19 U.S.C. 2151) and an assessment under section 105(a)(2)(B)(i)(III) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(2)(B)(i)(III)) with respect to the effects of providing duty-free treatment for imports of products from the EU. More specifically, the USTR, under authority delegated by the President and [[Page 59418]] pursuant to section 131 of the Trade Act of 1974, requested that the Commission provide a report containing its advice as to the probable economic effect of providing duty-free treatment for imports of currently dutiable products from the EU on (i) industries in the United States producing like or directly competitive products, and (ii) consumers. The USTR asked that the Commission's analysis consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States (HTS) for which U.S. tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The USTR asked that the advice be based on the HTS in effect during 2018 and trade data for 2017. In addition, the USTR requested that the Commission prepare an assessment, as described in section 105(a)(2)(B)(i)(III) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, of the probable economic effects of eliminating tariffs on imports from the EU of those agricultural products described in the list attached to the USTR's request letter on (i) industries in the United States producing the products concerned, and (ii) the U.S. economy as a whole. The USTR's request letter and list of agricultural products are posted on the Commission's website at https://www.usitc.gov. For the purposes of these analyses, the USTR requested that the Commission assume that the United Kingdom will no longer be a Member State of the EU. The USTR indicated that those sections of the Commission's report that relate to the advice and assessment of probable economic effects will be classified. The USTR also indicated that he considers the Commission's report to be an interagency memorandum that will contain pre-decisional advice and be subject to the deliberative process privilege. As requested, the Commission will provide its report to USTR as soon as possible, which is March 19, 2019. Public Hearing: A public hearing in connection with this investigation will be held at the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC, beginning at 9:30 a.m. on Tuesday, December 18, 2018. Requests to appear at the public hearing should be filed with the Secretary no later than 5:15 p.m., Thursday, December 6, 2018, in accordance with the requirements in the ``Written Submissions'' section below. All prehearing briefs and statements should be filed not later than 5:15 p.m., Monday, December 10, 2018, and all post-hearing briefs and statements should be filed not later than 5:15 p.m., Friday, January 4, 2019. For further information, call 202-205-2000. Written Submissions: In lieu of or in addition to participating in the hearing, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and should be received not later than 5:15 p.m., January 4, 2019. All written submissions must conform to the provisions of section 201.8 of the Commission's Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. Eastern Time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the following paragraphs for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202-205-1802). Confidential Business Information: Any submissions that contain confidential business information must also conform to the requirements of section 201.6 of the Commission's Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ``confidential'' or ``non-confidential'' version, and that the confidential business information is clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of this investigation in the report it sends to the USTR. Additionally, all information, including confidential business information, submitted in 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 (a) for cybersecurity purposes or (b) in monitoring user activity on U.S. government classified networks. The Commission will not otherwise disclose any confidential business information in a way that would reveal the operations of the firm supplying the information. Summaries of Written Submissions: Persons wishing to have a summary of their position included in the report should include a summary with their written submission and should mark the summary as having been provided for that purpose. The summary should be clearly marked as ``summary'' at the top of the page. The summary may not exceed 500 words, should be in MS Word format or a format that can be easily converted to MS Word, and should not include any confidential business information. The summary will be published as provided if it meets these requirements and is germane to the subject matter of the investigation. The Commission will list the name of the organization furnishing the summary and will include a link to the Commission's Electronic Document Information System (EDIS) where the full written submission can be found. By order of the Commission. Issued: November 20, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-25677 Filed 11-21-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices 59417
On September 18 and 25, 2018, or distributors for two-way radio Treatment for Currently Dutiable
respectively, complainant and equipment and systems, related Imports.
respondents each filed a brief and a software and components thereof that DATES: December 6, 2018: Deadline for
reply brief on all issues for which the infringe one or more of claims 1, 6, 17, filing requests to appear at the public
Commission requested written and 21 of the ’869 patent; claims 1 and hearing.
submissions. The Commission also 11 of the ’701 patent; and claims 7–8 of December 10, 2018: Deadline for filing
received written submissions on the the ’991 patent. prehearing briefs and statements.
public interest from interested non- The Commission further determined December 18, 2018: Public hearing.
parties on September 18, 2018. that the public interest factors January 4, 2019: Deadline for filing
Having reviewed the record in this enumerated in section 337(d)(1) and post-hearing briefs and submissions.
investigation, including the final ID and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not January 4, 2019: Deadline for filing all
the parties’ written submissions, the preclude issuance of the limited other written statements.
Commission has determined to affirm- exclusion order or cease and desist March 19, 2019: Transmittal of
in-part, reverse-in-part, modify-in-part, orders. Finally, the Commission Commission report to the USTR.
and strike certain portions of the final determined that a bond of 44 percent of ADDRESSES: All Commission offices,
ID’s findings under review. Specifically, the entered value of the covered including the Commission’s hearing
the Commission has: (1) Reversed the products is required to permit rooms, are located in the U.S.
ID’s finding that Hytera’s accused temporary importation during the International Trade Commission
redesigned products infringe claims 9 period of Presidential review (19 U.S.C. Building, 500 E Street SW, Washington,
and 13–15 of the ’284 patent under the 1337(j)). The Commission has also DC. All written submissions should be
doctrine of equivalents; (2) struck the issued an opinion explaining the basis addressed to the Secretary, U.S.
first and second sentences of the fourth for the Commission’s action. The International Trade Commission, 500 E
paragraph on page 8 in Order No. 38, Commission’s order and opinion were Street SW, Washington, DC 20436. The
and struck the third sentence of this delivered to the President and to the public record for this investigation may
paragraph ‘‘There is no analysis’’ and United States Trade Representative on be viewed on the Commission’s
substituted ‘‘There is no analysis in Dr. the day of their issuance. The electronic docket (EDIS) at https://
Akl’s Report,’’ and struck the second investigation is terminated. edis.usitc.gov.
sentence of the first full paragraph on The authority for the Commission’s FOR FURTHER INFORMATION CONTACT:
page 9 of Order No. 38; (3) affirmed determination is contained in section
Order No. 47 and supplemented and Project Leader Diana Friedman (202–
337 of the Tariff Act of 1930, as 205–3433 or diana.friedman@usitc.gov )
clarified its reasoning; (4) took no amended, 19 U.S.C. 1337, and in part
position on the ID’s drawing of an or Deputy Project Leader Mary Roop
210 of the Commission’s Rules of (202–708–2277 or mary.roop@usitc.gov)
adverse inference against Hytera as part Practice and Procedure, 19 CFR part
of its finding of indirect infringement; for information specific to this
210. investigation. For information on the
and (5) found that Hytera’s redesigned
products do not infringe the ’701, ’869, By order of the Commission. legal aspects of this investigation,
or ’991 patents. Accordingly, the Issued: November 16, 2018. contact William Gearhart of the
Commission has found that there is a Lisa Barton, Commission’s Office of the General
violation of section 337 with respect to Secretary to the Commission. Counsel (202–205–3091 or
the ’991, ’869, and ’701 patents. [FR Doc. 2018–25463 Filed 11–21–18; 8:45 am]
william.gearhart@usitc.gov). The media
Having found a violation of section should contact Margaret O’Laughlin,
BILLING CODE 7020–02–P
337 as to these patents, the Commission Office of External Relations (202–205–
has made its determination on the 1819 or margaret.olaughlin@usitc.gov).
issues of remedy, the public interest, INTERNATIONAL TRADE Hearing-impaired individuals may
and bonding. The Commission has COMMISSION obtain information on this matter by
determined that the appropriate form of contacting the Commission’s TDD
relief is (1) a limited exclusion order [Investigation Nos. TA–131–044 and TPA– terminal at 202–205–1810. General
105–005] information concerning the Commission
prohibiting the unlicensed entry of two-
way radio equipment and systems, may also be obtained by accessing its
U.S.-EU Trade Agreement: Advice on
related software and components website (https://www.usitc.gov). Persons
the Probable Economic Effect of
thereof that infringe one or more of with mobility impairments who will
Providing Duty-Free Treatment for
claims 1, 6, 17, and 21 of the ’869 need special assistance in gaining access
Currently Dutiable Imports; Institution
patent; claims 1 and 11 of the ’701 to the Commission should contact the
of Investigation and Scheduling of
patent; and claims 7–8 of the ’991 Office of the Secretary at 202–205–2000.
Hearing
patent, which are manufactured abroad SUPPLEMENTARY INFORMATION:
by or on behalf of, or are imported by AGENCY: United States International Background: In his letter of November
or on behalf of, Hytera, or any of its Trade Commission. 8, 2018, the USTR requested that the
affiliated companies, parents, ACTION: Notice of investigation and Commission provide certain advice
subsidiaries, or other related business scheduling of a public hearing. under section 131 of the Trade Act of
entities, or their successors or assigns; 1974 (19 U.S.C. 2151) and an
and (2) cease and desist orders SUMMARY: Following receipt on assessment under section
prohibiting Hytera America or Hytera November 9, 2018, of a request from the 105(a)(2)(B)(i)(III) of the Bipartisan
amozie on DSK3GDR082PROD with NOTICES1
Communications America from United States Trade Representative Congressional Trade Priorities and
conducting any of the following (USTR) for a report containing advice Accountability Act of 2015 (19 U.S.C.
activities in the United States: and an assessment, the Commission 4204(a)(2)(B)(i)(III)) with respect to the
Importing, selling, marketing, instituted Investigation Nos. TA–131– effects of providing duty-free treatment
advertising, distributing, offering for 044 and TPA–105–005, U.S.-EU Trade for imports of products from the EU.
sale, transferring (except for Agreement: Advice on the Probable More specifically, the USTR, under
exportation), and soliciting U.S. agents Economic Effect of Providing Duty-free authority delegated by the President and
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![59418 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
pursuant to section 131 of the Trade Act post-hearing briefs and statements Commission including under 5 U.S.C.
of 1974, requested that the Commission should be filed not later than 5:15 p.m., Appendix 3; or (ii) by U.S. government
provide a report containing its advice as Friday, January 4, 2019. For further employees and contract personnel (a)
to the probable economic effect of information, call 202–205–2000. for cybersecurity purposes or (b) in
providing duty-free treatment for Written Submissions: In lieu of or in monitoring user activity on U.S.
imports of currently dutiable products addition to participating in the hearing, government classified networks. The
from the EU on (i) industries in the interested parties are invited to file Commission will not otherwise disclose
United States producing like or directly written submissions concerning this any confidential business information in
competitive products, and (ii) investigation. All written submissions a way that would reveal the operations
consumers. The USTR asked that the should be addressed to the Secretary, of the firm supplying the information.
Commission’s analysis consider each and should be received not later than Summaries of Written Submissions:
article in chapters 1 through 97 of the 5:15 p.m., January 4, 2019. All written Persons wishing to have a summary of
Harmonized Tariff Schedule of the submissions must conform to the their position included in the report
United States (HTS) for which U.S. provisions of section 201.8 of the should include a summary with their
tariffs will remain, taking into account Commission’s Rules of Practice and written submission and should mark the
implementation of U.S. commitments in Procedure (19 CFR 201.8). Section 201.8 summary as having been provided for
the World Trade Organization. The and the Commission’s Handbook on that purpose. The summary should be
USTR asked that the advice be based on Filing Procedures require that interested clearly marked as ‘‘summary’’ at the top
the HTS in effect during 2018 and trade parties file documents electronically on of the page. The summary may not
data for 2017. or before the filing deadline and submit exceed 500 words, should be in MS
In addition, the USTR requested that eight (8) true paper copies by 12:00 p.m. Word format or a format that can be
the Commission prepare an assessment, Eastern Time on the next business day. easily converted to MS Word, and
as described in section In the event that confidential treatment should not include any confidential
105(a)(2)(B)(i)(III) of the Bipartisan of a document is requested, interested business information. The summary will
Congressional Trade Priorities and parties must file, at the same time as the be published as provided if it meets
Accountability Act of 2015, of the eight paper copies, at least four (4) these requirements and is germane to
probable economic effects of eliminating additional true paper copies in which the subject matter of the investigation.
tariffs on imports from the EU of those the confidential information must be The Commission will list the name of
agricultural products described in the deleted (see the following paragraphs the organization furnishing the
list attached to the USTR’s request letter for further information regarding summary and will include a link to the
on (i) industries in the United States confidential business information). Commission’s Electronic Document
producing the products concerned, and Persons with questions regarding Information System (EDIS) where the
(ii) the U.S. economy as a whole. The electronic filing should contact the full written submission can be found.
USTR’s request letter and list of Office of the Secretary, Docket Services
By order of the Commission.
agricultural products are posted on the Division (202–205–1802). Issued: November 20, 2018.
Commission’s website at https:// Confidential Business Information:
Lisa Barton,
www.usitc.gov. Any submissions that contain
For the purposes of these analyses, confidential business information must Secretary to the Commission.
the USTR requested that the also conform to the requirements of [FR Doc. 2018–25677 Filed 11–21–18; 8:45 am]
Commission assume that the United section 201.6 of the Commission’s Rules BILLING CODE 7020–02–P
Kingdom will no longer be a Member of Practice and Procedure (19 CFR
State of the EU. The USTR indicated 201.6). Section 201.6 of the rules
that those sections of the Commission’s requires that the cover of the document DEPARTMENT OF LABOR
report that relate to the advice and and the individual pages be clearly
assessment of probable economic effects marked as to whether they are the Employment and Training
will be classified. The USTR also ‘‘confidential’’ or ‘‘non-confidential’’ Administration
indicated that he considers the version, and that the confidential
Notice of the Federal Unemployment
Commission’s report to be an business information is clearly
interagency memorandum that will identified by means of brackets. All Tax Act (FUTA) Credit Reduction
contain pre-decisional advice and be written submissions, except for Applicable in 2018
subject to the deliberative process confidential business information, will AGENCY: Employment and Training
privilege. As requested, the Commission be made available for inspection by Administration, Labor.
will provide its report to USTR as soon interested parties. ACTION: Notice.
as possible, which is March 19, 2019. The Commission may include some or
Public Hearing: A public hearing in all of the confidential business SUMMARY: Sections 3302(c)(2)(A) and
connection with this investigation will information submitted in the course of 3302(d)(3) of the FUTA provide that
be held at the U.S. International Trade this investigation in the report it sends employers in a State that has
Commission Building, 500 E Street SW, to the USTR. Additionally, all outstanding advances under Title XII of
Washington, DC, beginning at 9:30 a.m. information, including confidential the Social Security Act on January 1 of
on Tuesday, December 18, 2018. business information, submitted in this two or more consecutive years are
Requests to appear at the public hearing investigation may be disclosed to and subject to a reduction in credits
should be filed with the Secretary no used: (i) By the Commission, its otherwise available against the FUTA
amozie on DSK3GDR082PROD with NOTICES1
later than 5:15 p.m., Thursday, employees and Offices, and contract tax for the calendar year in which the
December 6, 2018, in accordance with personnel (a) for developing or most recent such January 1 occurs, if
the requirements in the ‘‘Written maintaining the records of this or a advances remain on November 10 of
Submissions’’ section below. All related proceeding, or (b) in internal that year. Further, Section 3302(c)(2)(C)
prehearing briefs and statements should investigations, audits, reviews, and of FUTA provides for an additional
be filed not later than 5:15 p.m., evaluations relating to the programs, credit reduction for a year if a State has
Monday, December 10, 2018, and all personnel, and operations of the outstanding advances on five or more
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Document Created: 2018-11-27 12:58:25
Document Modified: 2018-11-27 12:58:25
| 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 of investigation and scheduling of a public hearing. | |
| Dates | December 6, 2018: Deadline for filing requests to appear at the public hearing. | |
| Contact | Project Leader Diana Friedman (202- 205-3433 or [email protected] ) or Deputy Project Leader Mary Roop (202-708-2277 or [email protected]) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its website (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. | |
| FR Citation | 83 FR 59417 |
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