83_FR_61123 83 FR 60895 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

83 FR 60895 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 228 (November 27, 2018)

Page Range60895-60896
FR Document2018-25749

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Cartridges for Electronic Nicotine Delivery Systems and Components Thereof, DN 3354; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Federal Register, Volume 83 Issue 228 (Tuesday, November 27, 2018)
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60895-60896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25749]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Cartridges for 
Electronic Nicotine Delivery Systems and Components Thereof, DN 3354; 
the Commission is soliciting comments on any public interest issues 
raised by the complaint or complainant's filing pursuant to the 
Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov, and will be 
available for inspection during official business hours (8:45 a.m. to 
5:15 p.m.) in the Office of the Secretary, U.S. International Trade 
Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-
2000.
    General information concerning the Commission may also be obtained 
by accessing its internet server at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Juul Labs, Inc., on November 
20, 2018. The complaint alleges violations of section 337 of the Tariff 
Act of 1930 (19 U.S.C. 1337) in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain cartridges for electronic nicotine delivery 
systems and components thereof. The complaint names as respondents: 
DripTip Vapes LLC of Plantation, FL; The Electric Tobacconist, LLC of 
Boulder, CO; Fuma Vapor, Inc. of Des Plaines, IL; Lan & Mike 
International Trading, Inc. of Torrance, CA; Lizard Juice, LLC of 
Largo, FL; Maduro Distributors, Inc. of Maplewood, MN; MistHub, LLC of 
Buffalo Grove, IL; Noah Duvberg of Daytona Beach, FL; ParallelDirect 
LLC of Lincolnshire, IL; Saddam Aburoumi of Manchester, CT; Sarvasva 
LLC of Maple Shade, NJ; Shenzhen Haka Flavor Technology Co., Ltd. of 
China; Shenzhen OCIGA Technology Co., Ltd. of China; Shenzhen OVNS 
Technology Co., Ltd. of China; Shenzhen Yibo Technology Co., Ltd. of 
China; Twist Vapor Franchising, LLC of Tampa, FL; United Wholesale LLC 
of Glastonbury, CT; Vape4U LLC of Montclair, CA; Vaperz LLC of 
Frankfort, IL; Vaportronix, LLC of Aventura, FL; Vapor 4 Life Holdings, 
Inc. of Northbrook, IL; The ZFO of Spencerport, NY; Zipp Lab Co. Ltd. 
of China; and Ziip Lab S.A. of Uruguay. The complainant requests that 
the Commission issue a limited exclusion order and cease and desist 
orders and impose a bond during the 60-day review period pursuant to 19 
U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or Sec.  210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues should be filed no later than by 
close of business nine calendar days after the date of publication of 
this notice in the Federal Register. Complainant may file a reply to 
any written submission no later than the date on which complainant's 
reply would be due under Sec.  210.8(c)(2) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.8(c)(2)).
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3354) in a prominent place on the cover page and/
or the first page. (See Handbook for Electonic Filing Procedures, 
Electronic Filing Procedures).\1\ Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be

[[Page 60896]]

directed to the Secretary to the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
such requests should be directed to the Secretary to the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 201.6. Documents for which 
confidential treatment by the Commission is properly sought will be 
treated accordingly. All information, including confidential business 
information and documents for which confidential treatment is properly 
sought, submitted to the Commission for purposes of this Investigation 
may be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.
    Issued: November 20, 2018.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2018-25749 Filed 11-26-18; 8:45 am
 BILLING CODE 7020-02-P



                                                                         Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices                                                 60895

                                                General information concerning the                    obtained by contacting the                               (i) Explain how the articles
                                              Commission may also be obtained by                      Commission’s TDD terminal on (202)                    potentially subject to the requested
                                              accessing its internet address (https://                205–1810.                                             remedial orders are used in the United
                                              www.usitc.gov). Hearing-impaired                        SUPPLEMENTARY INFORMATION: The                        States;
                                              individuals are advised that information                Commission has received a complaint                      (ii) identify any public health, safety,
                                              on this matter can be obtained by                       and a submission pursuant to § 210.8(b)               or welfare concerns in the United States
                                              contacting the TDD terminal on 202–                     of the Commission’s Rules of Practice                 relating to the requested remedial
                                              205–1810. Persons with mobility                         and Procedure filed on behalf of Juul                 orders;
                                              impairments who will need special                       Labs, Inc., on November 20, 2018. The                    (iii) identify like or directly
                                              assistance in gaining access to the                     complaint alleges violations of section               competitive articles that complainant,
                                              Commission should contact the                           337 of the Tariff Act of 1930 (19 U.S.C.              its licensees, or third parties make in the
                                              Secretary at 202–205–2000.                              1337) in the importation into the United              United States which could replace the
                                                By order of the Commission.                           States, the sale for importation, and the             subject articles if they were to be
                                                Dated: Issued: November 20, 2018.                     sale within the United States after                   excluded;
                                                                                                      importation of certain cartridges for                    (iv) indicate whether complainant,
                                              Lisa Barton,
                                                                                                      electronic nicotine delivery systems and              complainant’s licensees, and/or third
                                              Secretary to the Commission.
                                                                                                      components thereof. The complaint                     party suppliers have the capacity to
                                              [FR Doc. 2018–25725 Filed 11–26–18; 8:45 am]                                                                  replace the volume of articles
                                              BILLING CODE 7020–02–P
                                                                                                      names as respondents: DripTip Vapes
                                                                                                      LLC of Plantation, FL; The Electric                   potentially subject to the requested
                                                                                                      Tobacconist, LLC of Boulder, CO; Fuma                 exclusion order and/or a cease and
                                                                                                      Vapor, Inc. of Des Plaines, IL; Lan &                 desist order within a commercially
                                              INTERNATIONAL TRADE                                                                                           reasonable time; and
                                              COMMISSION                                              Mike International Trading, Inc. of
                                                                                                      Torrance, CA; Lizard Juice, LLC of                       (v) explain how the requested
                                              Notice of Receipt of Complaint;                         Largo, FL; Maduro Distributors, Inc. of               remedial orders would impact United
                                              Solicitation of Comments Relating to                    Maplewood, MN; MistHub, LLC of                        States consumers.
                                              the Public Interest                                                                                              Written submissions on the public
                                                                                                      Buffalo Grove, IL; Noah Duvberg of
                                                                                                                                                            interest must be filed no later than by
                                                                                                      Daytona Beach, FL; ParallelDirect LLC
                                              AGENCY: U.S. International Trade                                                                              close of business, eight calendar days
                                                                                                      of Lincolnshire, IL; Saddam Aburoumi
                                              Commission.                                                                                                   after the date of publication of this
                                                                                                      of Manchester, CT; Sarvasva LLC of
                                              ACTION: Notice.                                                                                               notice in the Federal Register. There
                                                                                                      Maple Shade, NJ; Shenzhen Haka Flavor
                                                                                                                                                            will be further opportunities for
                                              SUMMARY:   Notice is hereby given that                  Technology Co., Ltd. of China;
                                                                                                                                                            comment on the public interest after the
                                              the U.S. International Trade                            Shenzhen OCIGA Technology Co., Ltd.
                                                                                                                                                            issuance of any final initial
                                              Commission has received a complaint                     of China; Shenzhen OVNS Technology
                                                                                                                                                            determination in this investigation. Any
                                              entitled Certain Cartridges for Electronic              Co., Ltd. of China; Shenzhen Yibo
                                                                                                                                                            written submissions on other issues
                                              Nicotine Delivery Systems and                           Technology Co., Ltd. of China; Twist
                                                                                                                                                            should be filed no later than by close of
                                              Components Thereof, DN 3354; the                        Vapor Franchising, LLC of Tampa, FL;
                                                                                                                                                            business nine calendar days after the
                                              Commission is soliciting comments on                    United Wholesale LLC of Glastonbury,
                                                                                                                                                            date of publication of this notice in the
                                              any public interest issues raised by the                CT; Vape4U LLC of Montclair, CA;
                                                                                                                                                            Federal Register. Complainant may file
                                              complaint or complainant’s filing                       Vaperz LLC of Frankfort, IL;
                                                                                                                                                            a reply to any written submission no
                                              pursuant to the Commission’s Rules of                   Vaportronix, LLC of Aventura, FL;
                                                                                                                                                            later than the date on which
                                              Practice and Procedure.                                 Vapor 4 Life Holdings, Inc. of
                                                                                                                                                            complainant’s reply would be due
                                              FOR FURTHER INFORMATION CONTACT: Lisa                   Northbrook, IL; The ZFO of
                                                                                                                                                            under § 210.8(c)(2) of the Commission’s
                                              R. Barton, Secretary to the Commission,                 Spencerport, NY; Zipp Lab Co. Ltd. of
                                                                                                                                                            Rules of Practice and Procedure (19 CFR
                                              U.S. International Trade Commission,                    China; and Ziip Lab S.A. of Uruguay.
                                                                                                                                                            210.8(c)(2)).
                                              500 E Street SW, Washington, DC                         The complainant requests that the
                                                                                                                                                               Persons filing written submissions
                                              20436, telephone (202) 205–2000. The                    Commission issue a limited exclusion
                                                                                                                                                            must file the original document
                                              public version of the complaint can be                  order and cease and desist orders and
                                                                                                                                                            electronically on or before the deadlines
                                              accessed on the Commission’s                            impose a bond during the 60-day review
                                                                                                                                                            stated above and submit 8 true paper
                                              Electronic Document Information                         period pursuant to 19 U.S.C. 1337(j).
                                                                                                                                                            copies to the Office of the Secretary by
                                              System (EDIS) at https://edis.usitc.gov,                   Proposed respondents, other
                                                                                                                                                            noon the next day pursuant to § 210.4(f)
                                              and will be available for inspection                    interested parties, and members of the
                                                                                                                                                            of the Commission’s Rules of Practice
                                              during official business hours (8:45 a.m.               public are invited to file comments, not
                                                                                                                                                            and Procedure (19 CFR 210.4(f)).
                                              to 5:15 p.m.) in the Office of the                      to exceed five (5) pages in length,
                                                                                                                                                            Submissions should refer to the docket
                                              Secretary, U.S. International Trade                     inclusive of attachments, on any public
                                                                                                                                                            number (‘‘Docket No. 3354) in a
                                              Commission, 500 E Street SW,                            interest issues raised by the complaint
                                                                                                                                                            prominent place on the cover page and/
                                              Washington, DC 20436, telephone (202)                   or § 210.8(b) filing. Comments should
                                                                                                                                                            or the first page. (See Handbook for
                                              205–2000.                                               address whether issuance of the relief
                                                                                                                                                            Electonic Filing Procedures, Electronic
                                                General information concerning the                    specifically requested by the
                                                                                                                                                            Filing Procedures).1 Persons with
                                              Commission may also be obtained by                      complainant in this investigation would
                                                                                                                                                            questions regarding filing should
                                              accessing its internet server at United                 affect the public health and welfare in
                                                                                                                                                            contact the Secretary (202–205–2000).
                                              States International Trade Commission                   the United States, competitive
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                                                                                                                                                               Any person desiring to submit a
                                              (USITC) at https://www.usitc.gov. The                   conditions in the United States
                                                                                                                                                            document to the Commission in
                                              public record for this investigation may                economy, the production of like or
                                                                                                                                                            confidence must request confidential
                                              be viewed on the Commission’s                           directly competitive articles in the
                                                                                                                                                            treatment. All such requests should be
                                              Electronic Document Information                         United States, or United States
                                              System (EDIS) at https://edis.usitc.gov.                consumers.                                               1 Handbook for Electronic Filing Procedures:
                                              Hearing-impaired persons are advised                       In particular, the Commission is                   https://www.usitc.gov/documents/handbook_on_
                                              that information on this matter can be                  interested in comments that:                          filing_procedures.pdf.



                                         VerDate Sep<11>2014   17:45 Nov 26, 2018   Jkt 247001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\27NON1.SGM   27NON1


                                              60896                      Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices

                                              directed to the Secretary to the                        of this or a related proceeding, or (b) in                           DEPARTMENT OF JUSTICE
                                              Commission and must include a full                      internal investigations, audits, reviews,
                                              statement of the reasons why the                        and evaluations relating to the                                      Drug Enforcement Administration
                                              Commission should grant such                            programs, personnel, and operations of
                                                                                                                                                                           [Docket No. DEA–392]
                                              treatment. See 19 CFR 201.6. Documents                  the Commission including under 5
                                              for which confidential treatment by the                 U.S.C. Appendix 3; or (ii) by U.S.                                   Importer of Controlled Substances
                                              Commission is properly sought will be                   government employees and contract                                    Registration
                                              treated accordingly. All such requests                  personnel,2 solely for cybersecurity
                                              should be directed to the Secretary to                  purposes. All nonconfidential written                                ACTION:      Notice of registration.
                                              the Commission and must include a full                  submissions will be available for public
                                              statement of the reasons why the                        inspection at the Office of the Secretary                            SUMMARY:    The registrant listed below
                                              Commission should grant such                            and on EDIS.3                                                        has applied for and been granted
                                              treatment. See 19 CFR 201.6. Documents                                                                                       registration by the Drug Enforcement
                                                                                                        This action is taken under the
                                              for which confidential treatment by the                                                                                      Administration (DEA) as an importer of
                                                                                                      authority of section 337 of the Tariff Act
                                              Commission is properly sought will be                                                                                        various classes of schedule I or II
                                                                                                      of 1930, as amended (19 U.S.C. 1337),
                                              treated accordingly. All information,                                                                                        controlled substances.
                                                                                                      and of §§ 201.10 and 210.8(c) of the
                                              including confidential business                         Commission’s Rules of Practice and                                   SUPPLEMENTARY INFORMATION: The
                                              information and documents for which                     Procedure (19 CFR 201.10, 210.8(c)).                                 company listed below applied to be
                                              confidential treatment is properly                                                                                           registered as an importer of various
                                              sought, submitted to the Commission for                   By order of the Commission.                                        basic classes of controlled substances.
                                                                                                        Issued: November 20, 2018.
                                              purposes of this Investigation may be                                                                                        Information on the previously published
                                              disclosed to and used: (i) By the                       Katherine M. Hiner,                                                  notice is listed in the table below. No
                                              Commission, its employees and Offices,                  Supervisory Attorney.                                                comments or objections were submitted
                                              and contract personnel (a) for                          [FR Doc. 2018–25749 Filed 11–26–18; 8:45 am                          and no requests for hearing were
                                              developing or maintaining the records                   BILLING CODE 7020–02–P                                               submitted for this notice.

                                                                          Company                                                                          FR Docket                                                 Published

                                              Clinical Supplies Management Holdings, Inc .........................      83 FR 39127 ..........................................................................   August 08, 2018.



                                                 The DEA has considered the factors in                DEPARTMENT OF JUSTICE                                                Drive, Springfield, Virginia 22152; and
                                              21 U.S.C. 823, 952(a) and 958(a) and                                                                                         (2) Drug Enforcement Administration,
                                              determined that the registration of the                 Drug Enforcement Administration                                      Attn: DEA Federal Register
                                              listed registrant to import the applicable                                                                                   Representative/DPW, 8701 Morrissette
                                                                                                      [Docket No. DEA–392]
                                              basic class of schedule I controlled                                                                                         Drive, Springfield, Virginia 22152.
                                              substance is consistent with the public                 Importer of Controlled Substances                                    SUPPLEMENTARY INFORMATION: The
                                              interest and with United States                         Application: Akorn, Inc.                                             Attorney General has delegated his
                                              obligations under international treaties,                                                                                    authority under the Controlled
                                              conventions, or protocols in effect on                  ACTION:   Notice of application.                                     Substances Act to the Administrator of
                                              May 1, 1971. The DEA investigated the                                                                                        the Drug Enforcement Administration
                                              company’s maintenance of effective                      DATES:  Registered bulk manufacturers of                             (DEA), 28 CFR 0.100(b). Authority to
                                              controls against diversion by inspecting                the affected basic classes, and                                      exercise all necessary functions with
                                                                                                      applicants therefore, may file written                               respect to the promulgation and
                                              and testing the company’s physical
                                                                                                      comments on or objections to the                                     implementation of 21 CFR part 1301,
                                              security systems, verifying the
                                                                                                      issuance of the proposed registration on                             incident to the registration of
                                              company’s compliance with state and
                                                                                                      or before December 27, 2018 Such                                     manufacturers, distributors, dispensers,
                                              local laws, and reviewing the company’s                 persons may also file a written request
                                              background and history.                                                                                                      importers, and exporters of controlled
                                                                                                      for a hearing on the application on or                               substances (other than final orders in
                                                 Therefore, pursuant to 21 U.S.C.                     before December 27, 2018.                                            connection with suspension, denial, or
                                              952(a) and 958(a), and in accordance                    ADDRESSES: Written comments should                                   revocation of registration) has been
                                              with 21 CFR 1301.34, the DEA has                        be sent to: Drug Enforcement                                         redelegated to the Assistant
                                              granted a registration as an importer for               Administration, Attention: DEA Federal                               Administrator of the DEA Diversion
                                              schedule I controlled substances to the                 Register Representative/DPW, 8701                                    Control Division (‘‘Assistant
                                              above listed company.                                   Morrissette Drive, Springfield, Virginia                             Administrator’’) pursuant to section 7 of
                                                Dated: November 16, 2018.                             22152. All requests for hearing must be                              28 CFR part 0, appendix to subpart R.
                                                                                                      sent to: Drug Enforcement                                              In accordance with 21 CFR
                                              John J. Martin,
                                                                                                      Administration, Attn: Administrator,                                 1301.34(a), this is notice that on May 2,
                                              Assistant Administrator.                                8701 Morrissette Drive, Springfield,                                 2018, Akorn Inc., 1222 W. Grand
                                              [FR Doc. 2018–25866 Filed 11–26–18; 8:45 am]            Virginia 22152. All requests for hearing                             Avenue, Decatur, Illinois 62522 applied
                                              BILLING CODE 4410–09–P                                  should also be sent to: (1) Drug                                     to be registered as an importer of the
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      Enforcement Administration, Attn:                                    following basic class of controlled
                                                                                                      Hearing Clerk/OALJ, 8701 Morrissette                                 substance:



                                                2 All contract personnel will sign appropriate          3 Electronic Document Information System

                                              nondisclosure agreements.                               (EDIS): https://edis.usitc.gov.



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Document Created: 2018-11-27 01:24:43
Document Modified: 2018-11-27 01:24:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205- 2000.
FR Citation83 FR 60895 

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