83 FR 64358 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 240 (December 14, 2018)

Page Range		64358-64359
FR Document		2018-27087

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Dental and Orthodontic Scanners and Software, DN 3357; 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 240 (Friday, December 14, 2018)

[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64358-64359]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27087]


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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 Dental and 
Orthodontic Scanners and Software, DN 3357; 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 Align Technology, Inc., on 
December 10, 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 dental and orthodontic scanners and 
software. The complaint names as respondents: 3Shape A/S of Denmark; 
3Shape, Inc. of Warren, NJ; and 3Shape Trios A/S of Denmark. The 
complainant requests that the Commission issue a limited exclusion 
order, 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. 3357'') 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 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

[[Page 64359]]

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.
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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 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: December 10, 2018.
 Lisa Barton,
 Secretary to the Commission.

[FR Doc. 2018-27087 Filed 12-13-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64359

programs, personnel, and operations of Public comment is invited within 60 and entry of the Final Judgment in this
the Commission including under 5 days of the date of this notice. Such District.
U.S.C. Appendix 3; or (ii) by U.S. comments, including the name of the
THE DEFENDANT
government employees and contract submitter, and responses thereto, will be
personnel,2 solely for cybersecurity posted on the Antitrust Division’s 4. Defendant Dolan is a natural person
purposes. All nonconfidential written website, filed with the Court, and, under with his principal office and place of
submissions will be available for public certain circumstances, published in the business at Two Penn Plaza, New York,
inspection at the Office of the Secretary Federal Register. Comments should be NY 10121. Dolan is engaged in
and on EDIS.3 directed to Roberta S. Baruch, Special commerce, or in activities affecting
This action is taken under the Attorney, United States, c/o Federal commerce, within the meaning of
authority of section 337 of the Tariff Act Trade Commission, 600 Pennsylvania Section 1 of the Clayton Act, 15 U.S.C.
of 1930, as amended (19 U.S.C. 1337), Avenue NW, CC–8416, Washington, DC § 12, and Section 7A(a)(1) of the Clayton
and of §§ 201.10 and 210.8(c) of the 20580 (telephone: 202–326–2861; Act, 15 U.S.C. § 18a(a)(1). At all times
Commission’s Rules of Practice and e-mail: rbaruch@ftc.gov). relevant to this complaint, Dolan had
Procedure (19 CFR 201.10, 210.8(c)). sales or assets in excess of $161.5
Patricia A. Brink, million.
By order of the Commission.
Director of Civil Enforcement.
Issued: December 10, 2018. OTHER ENTITY
Lisa Barton, United States District Court for the 5. MSG is a corporation organized
Secretary to the Commission. District of Columbia under the laws of Delaware with its
[FR Doc. 2018–27087 Filed 12–13–18; 8:45 am] United States of America, c/o Department principal place of business at Two Penn
BILLING CODE 7020–02–P of Justice, Plaza, New York, NY 10121. MSG is
Washington, D.C. 20530, Plaintiff, v. James L. engaged in commerce, or in activities
Dolan, c/o The Madison Square Garden affecting commerce, within the meaning
Company, Two Penn Plaza, New York, NY of Section 1 of the Clayton Act, 15
DEPARTMENT OF JUSTICE 10121, Defendant.
U.S.C. § 12, and Section 7A(a)(1) of the
Civil Action No. 1:18-cv-02858 Clayton Act, 15 U.S.C. § 18a(a)(1). At all
Antitrust Division
COMPLAINT FOR CIVIL PENALTIES times relevant to this complaint, MSG
United States v. James Dolan; FOR FAILURE TO COMPLY WITH THE had sales or assets in excess of $16.6
Proposed Final Judgment and PREMERGER REPORTING AND million.
Competitive Impact Statement WAITING REQUIREMENTS OF THE THE HART-SCOTT-RODINO ACT AND
Notice is hereby given pursuant to the HART-SCOTT RODINO ACT RULES
Antitrust Procedures and Penalties Act, The United States of America, 6. The HSR Act requires certain
15 U.S.C. 16(b)–(h), that a proposed Plaintiff, by its attorneys, acting under acquiring persons and certain persons
Final Judgment, Stipulation, and the direction of the Attorney General of whose voting securities or assets are
Competitive Impact Statement have the United States and at the request of acquired to file notifications with the
been filed with the United States the Federal Trade Commission, brings Department of Justice and the Federal
District Court for the District of this civil antitrust action to obtain Trade Commission (collectively, the
Columbia in United States of America v. monetary relief in the form of civil ‘‘federal antitrust agencies’’) and to
James Dolan, Civil Action No. 1:18–cv– penalties against Defendant James L. observe a waiting period before
02858. On December 6, 2018, the United Dolan (‘‘Dolan’’). Plaintiff alleges as consummating certain acquisitions of
States filed a Complaint alleging that follows: voting securities or assets. 15 U.S.C.
James Dolan violated the notice and § 18a(a) and (b). These notification and
waiting period requirements of the Hart- NATURE OF THE ACTION
waiting period requirements apply to
Scott-Rodino Antitrust Improvements 1. Dolan violated the notice and acquisitions that meet the HSR Act’s
Act of 1976, 15 U.S.C. 18a, with respect waiting period requirements of the Hart- thresholds, which have been adjusted
to his acquisition of voting securities of Scott-Rodino Antitrust Improvements annually since 2004. The size of
Madison Square Garden Company. The Act of 1976, 15 U.S.C. § 18a (‘‘HSR Act’’ transaction threshold is $50 million, as
proposed Final Judgment, filed at the or ‘‘Act’’), with respect to the adjusted ($80.8 million for most of
same time as the Complaint, requires acquisition of voting securities of the 2017). In addition, there is a separate
James Dolan to pay a civil penalty of Madison Square Garden Company filing requirement for transactions in
$609,810. (‘‘MSG’’) in 2017. which the acquirer will hold voting
Copies of the Complaint, proposed
JURISDICTION AND VENUE securities in excess of $100 million, as
Final Judgment, and Competitive Impact
adjusted ($161.5 million in 2017), and
Statement are available for inspection 2. This Court has jurisdiction over the for transactions in which the acquirer
on the Antitrust Division’s website at subject matter of this action pursuant to will hold voting securities in excess of
http://www.justice.gov/atr and at the Section 7A(g) of the Clayton Act, 15 $500 million, as adjusted ($807.5
Office of the Clerk of the United States U.S.C. § 18a(g), and pursuant to 28 million in 2017). With respect to the
District Court for the District of U.S.C. §§ 1331, 1337(a), 1345, and 1355 size of person thresholds, the HSR Act
Columbia. Copies of these materials may and over the Defendant by virtue of requires one person involved in the
be obtained from the Antitrust Division Defendant’s consent, in the Stipulation transaction to have sales or assets in
amozie on DSK3GDR082PROD with NOTICES1

upon request and payment of the relating hereto, to the maintenance of excess of $10 million, as adjusted ($16.6
copying fee set by Department of Justice this action and entry of the Final million in 2017), and the other person
regulations. Judgment in this District. to have sales or assets in excess of $100
2 All contract personnel will sign appropriate
3. Venue is properly based in this million, as adjusted ($161.5 million in
nondisclosure agreements. District by virtue of Defendant’s 2017).
3 Electronic Document Information System consent, in the Stipulation relating 7. The HSR Act’s notification and
(EDIS): https://edis.usitc.gov. hereto, to the maintenance of this action waiting period requirements are

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Document Created: 2018-12-14 03:50:18
Document Modified: 2018-12-14 03:50:18

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.
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.
FR Citation		83 FR 64358