83_FR_64394 83 FR 64155 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

83 FR 64155 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 239 (December 13, 2018)

Page Range64155-64156
FR Document2018-26994

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Pickup Truck Folding Bed Cover Systems and Components Thereof, DN 3356; 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 239 (Thursday, December 13, 2018)
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64155-64156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26994]


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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.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Pickup Truck 
Folding Bed Cover Systems and Components Thereof, DN 3356; 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, a 
motion for temporary relief, and a submission pursuant to Sec.  
210.8(b) of the Commission's Rules of Practice and Procedure filed on 
behalf of Extang Corporation and Laurmark Enterprises, Inc. d/b/a BAK 
Industries on December 7, 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 pickup truck 
folding bed cover systems and components thereof. The complaint names 
as respondents: Stehlen Automotive of Walnut, CA; SyneticUSA of Pico 
Rivera, CA; Topline Autoparts, Inc. of Hacienda Heights, CA; Velocity 
Concepts Inc. of Hacienda Heights, CA; JL Concepts Inc. of Walnut, CA; 
DT Trading Inc. of Alhambra, CA; Wenzhou Kouvi Hardware Products Co., 
Ltd. of China; Syppo Marketing, Inc. of City of Industry, CA; Apex Auto 
Parts Mfg. Inc. of City of Industry, CA; Ningbo Huadian Cross Country 
Automobile Accessories Co., Ltd. of China; and Sunwood Industries Co., 
Ltd. of China. The complainants request that the Commission grant 
temporary relief in the form of temporary cease and desist

[[Page 64156]]

orders during the period of investigation. Complainants also requests 
issuance of a general exclusion order or in the alternative a limited 
exclusion order, and cease and desist orders.
    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. 3356) in a prominent place on the cover page and/
or the first page. (See Handbook for Electronic 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 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\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.3.
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    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 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: December 10, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26994 Filed 12-12-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                        Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices                                          64155

                                              be held at the U.S. International Trade                 information, including confidential                   soliciting comments on any public
                                              Commission Building, 500 E Street SW,                   business information, submitted in this               interest issues raised by the complaint
                                              Washington, DC, beginning at 9:30 a.m.                  investigation may be disclosed to and                 or complainant’s filing pursuant to the
                                              on January 31, 2019. Requests to appear                 used: (i) By the Commission, its                      Commission’s Rules of Practice and
                                              at the public hearing should be filed                   employees and Offices, and contract                   Procedure.
                                              with the Secretary no later than 5:15                   personnel (a) for developing or                       FOR FURTHER INFORMATION CONTACT: Lisa
                                              p.m., January 10, 2019, in accordance                   maintaining the records of this or a                  R. Barton, Secretary to the Commission,
                                              with the requirements in the ‘‘Written                  related proceeding, or (b) in internal                U.S. International Trade Commission,
                                              Submissions’’ section below. All                        investigations, audits, reviews, and                  500 E Street SW, Washington, DC
                                              prehearing briefs and statements should                 evaluations relating to the programs,                 20436, telephone (202) 205–2000. The
                                              be filed not later than 5:15 p.m., January              personnel, and operations of the                      public version of the complaint can be
                                              14, 2019, and all post-hearing briefs and               Commission including under 5 U.S.C.                   accessed on the Commission’s
                                              statements should be filed not later than               Appendix 3; or (ii) by U.S. government                Electronic Document Information
                                              5:15 p.m., February 11, 2019. For further               employees and contract personnel (a)                  System (EDIS) at https://edis.usitc.gov,
                                              information, call 202–205–2000.                         for cybersecurity purposes or (b) in                  and will be available for inspection
                                                 Written Submissions: In lieu of or in                monitoring user activity on U.S.                      during official business hours (8:45 a.m.
                                              addition to participating in the hearing,               government classified networks. The                   to 5:15 p.m.) in the Office of the
                                              interested parties are invited to file                  Commission will not otherwise disclose                Secretary, U.S. International Trade
                                              written submissions concerning this                     any confidential business information in              Commission, 500 E Street SW,
                                              investigation. All written submissions                  a way that would reveal the operations                Washington, DC 20436, telephone (202)
                                              should be addressed to the Secretary,                   of the firm supplying the information.                205–2000.
                                              and should be received not later than                     Summaries of Written Submissions:                      General information concerning the
                                              5:15 p.m., February 11, 2019. All                       Persons wishing to have a summary of                  Commission may also be obtained by
                                              written submissions must conform to                     their position included in the report                 accessing its internet server at United
                                              the provisions of section 201.8 of the                  should include a summary with their                   States International Trade Commission
                                              Commission’s Rules of Practice and                      written submission and should mark the                (USITC) at https://www.usitc.gov. The
                                              Procedure (19 CFR 201.8). Section 201.8                 summary as having been provided for                   public record for this investigation may
                                              and the Commission’s Handbook on                        that purpose. The summary should be                   be viewed on the Commission’s
                                              Filing Procedures require that interested               clearly marked as ‘‘summary’’ at the top              Electronic Document Information
                                              parties file documents electronically on                of the page. The summary may not                      System (EDIS) at https://edis.usitc.gov.
                                              or before the filing deadline and submit                exceed 500 words, should be in MS                     Hearing-impaired persons are advised
                                              eight (8) true paper copies by 12:00 p.m.               Word format or a format that can be                   that information on this matter can be
                                              Eastern Time on the next business day.                  easily converted to MS Word, and                      obtained by contacting the
                                              In the event that confidential treatment                should not include any confidential                   Commission’s TDD terminal on (202)
                                              of a document is requested, interested                  business information. The summary will                205–1810.
                                              parties must file, at the same time as the              be published as provided if it meets
                                              eight paper copies, at least four (4)                                                                         SUPPLEMENTARY INFORMATION: The
                                                                                                      these requirements and is germane to
                                              additional true paper copies in which                   the subject of the investigation. The                 Commission has received a complaint, a
                                              the confidential information must be                    Commission will list the name of the                  motion for temporary relief, and a
                                              deleted (see the following paragraphs                   organization furnishing the summary                   submission pursuant to § 210.8(b) of the
                                              for further information regarding                       and will include a link to the                        Commission’s Rules of Practice and
                                              confidential business information).                     Commission’s Electronic Document                      Procedure filed on behalf of Extang
                                              Persons with questions regarding                        Information System (EDIS) where the                   Corporation and Laurmark Enterprises,
                                              electronic filing should contact the                    full written submission can be found.                 Inc. d/b/a BAK Industries on December
                                              Office of the Secretary, Docket Services                                                                      7, 2018. The complaint alleges
                                                                                                        By order of the Commission.                         violations of section 337 of the Tariff
                                              Division (202–205–1802).
                                                 Confidential Business Information:                     Issued: December 7, 2018.                           Act of 1930 (19 U.S.C. 1337) in the
                                              Any submissions that contain                            Lisa Barton,                                          importation into the United States, the
                                              confidential business information must                  Secretary to the Commission.                          sale for importation, and the sale within
                                              also conform to the requirements of                     [FR Doc. 2018–26933 Filed 12–12–18; 8:45 am]          the United States after importation of
                                              section 201.6 of the Commission’s Rules                 BILLING CODE 7020–02–P                                certain pickup truck folding bed cover
                                              of Practice and Procedure (19 CFR                                                                             systems and components thereof. The
                                              201.6). Section 201.6 of the rules                                                                            complaint names as respondents:
                                              requires that the cover of the document                 INTERNATIONAL TRADE                                   Stehlen Automotive of Walnut, CA;
                                              and the individual pages be clearly                     COMMISSION                                            SyneticUSA of Pico Rivera, CA; Topline
                                              marked as to whether they are the                                                                             Autoparts, Inc. of Hacienda Heights, CA;
                                              ‘‘confidential’’ or ‘‘non-confidential’’                Notice of Receipt of Complaint;                       Velocity Concepts Inc. of Hacienda
                                              version, and that the confidential                      Solicitation of Comments Relating to                  Heights, CA; JL Concepts Inc. of Walnut,
                                              business information is clearly                         the Public Interest                                   CA; DT Trading Inc. of Alhambra, CA;
                                              identified by means of brackets. All                    AGENCY: U.S. International Trade                      Wenzhou Kouvi Hardware Products Co.,
                                              written submissions, except for                         Commission.                                           Ltd. of China; Syppo Marketing, Inc. of
                                              confidential business information, will                                                                       City of Industry, CA; Apex Auto Parts
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                                                                                                      ACTION: Notice.
                                              be made available for inspection by                                                                           Mfg. Inc. of City of Industry, CA; Ningbo
                                              interested parties.                                     SUMMARY:   Notice is hereby given that                Huadian Cross Country Automobile
                                                 The Commission may include some or                   the U.S. International Trade                          Accessories Co., Ltd. of China; and
                                              all of the confidential business                        Commission has received a complaint                   Sunwood Industries Co., Ltd. of China.
                                              information submitted in the course of                  entitled Certain Pickup Truck Folding                 The complainants request that the
                                              this investigation in the report it sends               Bed Cover Systems and Components                      Commission grant temporary relief in
                                              to the USTR. Additionally, all                          Thereof, DN 3356; the Commission is                   the form of temporary cease and desist


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                                              64156                     Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices

                                              orders during the period of                             Rules of Practice and Procedure (19 CFR               and of 201.10 and 210.8(c) of the
                                              investigation. Complainants also                        210.8(c)(2)).                                         Commission’s Rules of Practice and
                                              requests issuance of a general exclusion                   Persons filing written submissions                 Procedure (19 CFR 201.10, 210.8(c)).
                                              order or in the alternative a limited                   must file the original document                         By order of the Commission.
                                              exclusion order, and cease and desist                   electronically on or before the deadlines
                                                                                                                                                              Issued: December 10, 2018.
                                              orders.                                                 stated above and submit 8 true paper
                                                                                                                                                            Lisa Barton,
                                                 Proposed respondents, other                          copies to the Office of the Secretary by
                                                                                                      noon the next day pursuant to § 210.4(f)              Secretary to the Commission.
                                              interested parties, and members of the
                                                                                                      of the Commission’s Rules of Practice                 [FR Doc. 2018–26994 Filed 12–12–18; 8:45 am]
                                              public are invited to file comments, not
                                              to exceed five (5) pages in length,                     and Procedure (19 CFR 210.4(f)).                      BILLING CODE 7020–02–P

                                              inclusive of attachments, on any public                 Submissions should refer to the docket
                                              interest issues raised by the complaint                 number (‘‘Docket No. 3356) in a
                                                                                                      prominent place on the cover page and/                INTERNATIONAL TRADE
                                              or § 210.8(b) filing. Comments should
                                                                                                      or the first page. (See Handbook for                  COMMISSION
                                              address whether issuance of the relief
                                              specifically requested by the                           Electronic Filing Procedures, Electronic
                                                                                                                                                            Certain Electronic Nicotine Delivery
                                              complainant in this investigation would                 Filing Procedures 1). Persons with
                                                                                                                                                            Systems and Components Thereof;
                                              affect the public health and welfare in                 questions regarding filing should
                                                                                                                                                            Institution of Investigation
                                              the United States, competitive                          contact the Secretary (202–205–2000).
                                              conditions in the United States                            Any person desiring to submit a                    AGENCY: U.S. International Trade
                                              economy, the production of like or                      document to the Commission in                         Commission.
                                              directly competitive articles in the                    confidence must request confidential                  ACTION: Notice.
                                              United States, or United States                         treatment. All such requests should be
                                                                                                      directed to the Secretary to the                      SUMMARY:    Notice is hereby given that a
                                              consumers.
                                                                                                      Commission and must include a full                    complaint was filed with the U.S.
                                                 In particular, the Commission is                                                                           International Trade Commission on
                                              interested in comments that:                            statement of the reasons why the
                                                                                                      Commission should grant such                          October 3, 2018, under section 337 of
                                                 (i) Explain how the articles                                                                               the Tariff Act of 1930, as amended, on
                                                                                                      treatment. See 19 CFR 201.6. Documents
                                              potentially subject to the requested                                                                          behalf of Juul Labs, Inc. of San
                                                                                                      for which confidential treatment by the
                                              remedial orders are used in the United                                                                        Francisco, California. A letter
                                                                                                      Commission is properly sought will be
                                              States;                                                                                                       supplementing the complaint was filed
                                                                                                      treated accordingly. All such requests
                                                 (ii) identify any public health, safety,             should be directed to the Secretary to                on October 17, 2018. An amended
                                              or welfare concerns in the United States                the Commission and must include a full                complaint was filed on October 26,
                                              relating to the requested remedial                      statement of the reasons why the                      2018. The amended complaint alleges
                                              orders;                                                 Commission should grant such                          violations of section 337 based upon the
                                                 (iii) identify like or directly                      treatment. See 19 CFR 201.6. Documents                importation into the United States, the
                                              competitive articles that complainant,                  for which confidential treatment by the               sale for importation, and the sale within
                                              its licensees, or third parties make in the             Commission is properly sought will be                 the United States after importation of
                                              United States which could replace the                   treated accordingly. All information,                 certain electronic nicotine delivery
                                              subject articles if they were to be                     including confidential business                       systems and components thereof by
                                              excluded;                                               information and documents for which                   reason of infringement of certain claims
                                                 (iv) indicate whether complainant,                   confidential treatment is properly                    of U.S. Patent No. 10,070,669 (‘‘the ’669
                                              complainant’s licensees, and/or third                   sought, submitted to the Commission for               patent’’); U.S. Patent No. 10,076,139
                                              party suppliers have the capacity to                    purposes of this Investigation may be                 (‘‘the ’139 patent’’); U.S. Patent No.
                                              replace the volume of articles                          disclosed to and used: (i) By the                     10,045,568 (‘‘the ’568 patent’’); U.S.
                                              potentially subject to the requested                    Commission, its employees and Offices,                Patent No. 10,058,130 (‘‘the ’130
                                              exclusion order and/or a cease and                      and contract personnel (a) for                        patent’’); and U.S. Patent No. 10,104,915
                                              desist order within a commercially                      developing or maintaining the records                 (‘‘the ’915 patent’’). The amended
                                              reasonable time; and                                    of this or a related proceeding, or (b) in            complaint further alleges that an
                                                 (v) explain how the requested                        internal investigations, audits, reviews,             industry in the United States exists as
                                              remedial orders would impact United                     and evaluations relating to the                       required by the applicable Federal
                                              States consumers.                                       programs, personnel, and operations of                Statute.
                                                 Written submissions on the public                    the Commission including under 5                         The complainants requests that the
                                              interest must be filed no later than by                 U.S.C. Appendix 3; or (ii) by U.S.                    Commission institute an investigation
                                              close of business, eight calendar days                  government employees and contract                     and, after the investigation, issue a
                                              after the date of publication of this                   personnel,2 solely for cybersecurity                  limited exclusion order and cease and
                                              notice in the Federal Register. There                   purposes. All nonconfidential written                 desist orders.
                                              will be further opportunities for                       submissions will be available for public              ADDRESSES: The amended complaint,
                                              comment on the public interest after the                inspection at the Office of the Secretary             except for any confidential information
                                              issuance of any final initial                           and on EDIS.3                                         contained therein, is available for
                                              determination in this investigation. Any                   This action is taken under the                     inspection during official business
                                              written submissions on other issues                     authority of section 337 of the Tariff Act            hours (8:45 a.m. to 5:15 p.m.) in the
                                              should be filed no later than by close of               of 1930, as amended (19 U.S.C. 1337),                 Office of the Secretary, U.S.
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                                              business nine calendar days after the                                                                         International Trade Commission, 500 E
                                              date of publication of this notice in the                  1 Handbook for Electronic Filing Procedures:       Street SW, Room 112, Washington, DC
                                              Federal Register. Complainant may file                  https://www.usitc.gov/documents/handbook_on_          20436, telephone (202) 205–2000.
                                                                                                      filing_procedures.pdf.
                                              a reply to any written submission no                       2 All contract personnel will sign appropriate
                                                                                                                                                            Hearing impaired individuals are
                                              later than the date on which                            nondisclosure agreements.                             advised that information on this matter
                                              complainant’s reply would be due                           3 Electronic Document Information System           can be obtained by contacting the
                                              under § 210.8(c)(2) of the Commission’s                 (EDIS): https://edis.usitc.gov.3.                     Commission’s TDD terminal on (202)


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Document Created: 2018-12-13 01:15:07
Document Modified: 2018-12-13 01:15:07
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 64155 

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