83_FR_8142 83 FR 8105 - Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of Request for Statements on the Public Interest

83 FR 8105 - Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of Request for Statements on the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8105-8106
FR Document2018-03680

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a recommended determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief. The ALJ recommended that a limited exclusion order issue against certain UV curable coatings for optical fibers imported by respondent Momentive UV Coatings (Shanghai) Co., Ltd. of Shanghai, China (``MUV''). The ALJ found no violation of section 337 by respondent OFS Fitel, LLC of Norcross, Georgia (``OFS''). However, should the Commission find a violation of section 337 by OFS, the ALJ recommends that the Commission issue a limited exclusion order against certain coated optical fibers imported by OFS, and that a cease and desist order issue to OFS. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to the Commission's Rules.

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8105-8106]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03680]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1031]


Certain UV Curable Coatings for Optical Fibers, Coated Optical 
Fibers, and Products Containing Same; Notice of Request for Statements 
on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a recommended determination on remedy and 
bonding in the above-captioned investigation. The Commission is 
soliciting comments on public interest issues raised by the recommended 
relief. The ALJ recommended that a limited exclusion order issue 
against certain UV curable coatings for optical fibers imported by 
respondent Momentive UV Coatings (Shanghai) Co., Ltd. of Shanghai, 
China (``MUV''). The ALJ found no violation of section 337 by 
respondent OFS Fitel, LLC of Norcross, Georgia (``OFS''). However, 
should the Commission find a violation of section 337 by OFS, the ALJ 
recommends that the Commission issue a limited exclusion order against 
certain coated optical fibers imported by OFS, and that a cease and 
desist order issue to OFS. This notice is soliciting public interest 
comments from the public only. Parties are to file public interest 
submissions pursuant to the Commission's Rules.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation, 
including the complaint and the public record, can be accessed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov, and 
are or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server (https://www.usitc.gov). 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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is interested in further development of the record 
on the public interest in these investigations. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's recommended determination on remedy and bonding 
issued in this investigation on February 15, 2018. Comments should 
address whether issuance of a limited exclusion order and a cease and 
desist order 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 recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
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

[[Page 8106]]

party suppliers have the capacity to replace the volume of articles 
potentially subject to the recommended exclusion order and/or a cease 
and desist order within a commercially reasonable time; and
    (v) explain how the limited exclusion order and a cease and desist 
order would impact consumers in the United States.
    Written submissions must be filed no later than by close of 
business on March 22, 2018.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1031'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. Persons with questions 
regarding filing should contact the Secretary ((202) 205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: February 16, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-03680 Filed 2-22-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                              8105

                                               Public Works project. As part of                        of Chumash Mission Indians of the                     (EDIS) at https://edis.usitc.gov, and are
                                               mitigation of the effect of the SLO                     Santa Ynez Reservation, California, may               or will be available for inspection
                                               County project on CA–SLO–14, Far                        proceed.                                              during official business hours (8:45 a.m.
                                               Western reanalyzed the Von Werlhoff                       SLOCAS is responsible for notifying                 to 5:15 p.m.) in the Office of the
                                               collection faunal material. As a result,                the Santa Ynez Band of Chumash                        Secretary, U.S. International Trade
                                               Far Western discovered that human                       Mission Indians of the Santa Ynez                     Commission, 500 E Street SW,
                                               remains had been incorrectly identified                 Reservation, California, and the                      Washington, DC 20436, telephone (202)
                                               as faunal material. Wendy Teeter of The                 Northern Chumash Tribe, a non-                        205–2000. General information
                                               Fowler Museum at UCLA and Karimah                       federally recognized Indian group, that               concerning the Commission may also be
                                               Kennedy Richardson of the Autry                         this notice has been published.                       obtained by accessing its internet server
                                               Museum performed a human remains                         Dated: February 2, 2018.                             (https://www.usitc.gov). Hearing-
                                               analysis of these materials on July 21,                 Melanie O’Brien,                                      impaired persons are advised that
                                               2017. No known individuals were                                                                               information on this matter can be
                                                                                                       Manager, National NAGPRA Program.
                                               identified. No associated funerary                                                                            obtained by contacting the
                                                                                                       [FR Doc. 2018–03755 Filed 2–22–18; 8:45 am]
                                               objects are present.                                                                                          Commission’s TDD terminal on (202)
                                                  SLOCAS determined the human                          BILLING CODE 4312–52–P
                                                                                                                                                             205–1810.
                                               remains from CA–SLO–14 are culturally                                                                         SUPPLEMENTARY INFORMATION: Section
                                               affiliated with the Chumash due to past                                                                       337 of the Tariff Act of 1930 provides
                                               consultation efforts of SLO County                      INTERNATIONAL TRADE                                   that if the Commission finds a violation
                                               regarding human remains from CA–                        COMMISSION                                            it shall exclude the articles concerned
                                               SLO–14. The Santa Ynez Band of                          [Investigation No. 337–TA–1031]                       from the United States:
                                               Chumash Indians (SYBCI) is the only
                                                                                                                                                             unless, after considering the effect of such
                                               federally recognized Chumash tribe. In                  Certain UV Curable Coatings for                       exclusion upon the public health and
                                               an MOA between SLO County and                           Optical Fibers, Coated Optical Fibers,                welfare, competitive conditions in the United
                                               SYBCI, the SYBCI were identified as the                 and Products Containing Same; Notice                  States economy, the production of like or
                                               federally recognized tribe with cultural                of Request for Statements on the                      directly competitive articles in the United
                                               affiliation to CA–SLO–14. Ethnographic                  Public Interest                                       States, and United States consumers, it finds
                                               evidence also points to the Chumash as                                                                        that such articles should not be excluded
                                               being culturally affiliated with the area               AGENCY: U.S. International Trade                      from entry.
                                               where CA–SLO–14 is located as it is                     Commission.                                           19 U.S.C. 1337(d)(1). A similar
                                               near the village site of Petpatsu which                 ACTION: Notice.                                       provision applies to cease and desist
                                               has been attributed to the Chumash in                   SUMMARY:    Notice is hereby given that               orders. 19 U.S.C. 1337(f)(1).
                                               Randall Milliken and John Johnson’s                                                                              The Commission is interested in
                                                                                                       the presiding administrative law judge
                                               2005 publication An Ethnogeography of                                                                         further development of the record on
                                                                                                       (‘‘ALJ’’) has issued a recommended
                                               Salinan and Northern Chumash                                                                                  the public interest in these
                                                                                                       determination on remedy and bonding
                                               Communities—1769 to 1810 (p. 87,                                                                              investigations. Accordingly, members of
                                                                                                       in the above-captioned investigation.
                                               100).                                                                                                         the public are invited to file
                                                                                                       The Commission is soliciting comments
                                                                                                                                                             submissions of no more than five (5)
                                               Determinations Made by SLOCAS                           on public interest issues raised by the
                                                                                                                                                             pages, inclusive of attachments,
                                                                                                       recommended relief. The ALJ
                                                  Officials of SLOCAS have determined                                                                        concerning the public interest in light of
                                                                                                       recommended that a limited exclusion
                                               that:                                                                                                         the ALJ’s recommended determination
                                                  • Pursuant to 25 U.S.C. 3001(9), the                 order issue against certain UV curable
                                                                                                                                                             on remedy and bonding issued in this
                                               human remains described in this notice                  coatings for optical fibers imported by
                                                                                                                                                             investigation on February 15, 2018.
                                               represent the physical remains of two                   respondent Momentive UV Coatings
                                                                                                                                                             Comments should address whether
                                               individuals of Native American                          (Shanghai) Co., Ltd. of Shanghai, China
                                                                                                                                                             issuance of a limited exclusion order
                                               ancestry.                                               (‘‘MUV’’). The ALJ found no violation of
                                                                                                                                                             and a cease and desist order in this
                                                  • Pursuant to 25 U.S.C. 3001(2), there               section 337 by respondent OFS Fitel,
                                                                                                                                                             investigation would affect the public
                                               is a relationship of shared group                       LLC of Norcross, Georgia (‘‘OFS’’).
                                                                                                                                                             health and welfare in the United States,
                                               identity that can be reasonably traced                  However, should the Commission find a
                                                                                                                                                             competitive conditions in the United
                                               between the Native American human                       violation of section 337 by OFS, the ALJ
                                                                                                                                                             States economy, the production of like
                                               remains and the Santa Ynez Band of                      recommends that the Commission issue
                                                                                                                                                             or directly competitive articles in the
                                               Chumash Mission Indians of the Santa                    a limited exclusion order against certain
                                                                                                                                                             United States, or United States
                                               Ynez Reservation, California.                           coated optical fibers imported by OFS,
                                                                                                                                                             consumers.
                                                                                                       and that a cease and desist order issue                  In particular, the Commission is
                                               Additional Requestors and Disposition                   to OFS. This notice is soliciting public              interested in comments that:
                                                 Lineal descendants or representatives                 interest comments from the public only.                  (i) explain how the articles potentially
                                               of any Indian tribe or Native Hawaiian                  Parties are to file public interest                   subject to the recommended orders are
                                               organization not identified in this notice              submissions pursuant to the                           used in the United States;
                                               that wish to request transfer of control                Commission’s Rules.                                      (ii) identify any public health, safety,
                                               of these human remains should submit                    FOR FURTHER INFORMATION CONTACT: Ron                  or welfare concerns in the United States
                                               a written request with information in                   Traud, Office of the General Counsel,                 relating to the recommended orders;
                                               support of the request to Christina                     U.S. International Trade Commission,                     (iii) identify like or directly
daltland on DSKBBV9HB2PROD with NOTICES




                                               MacDonald, SLOCAS, P.O. Box 109, San                    500 E Street SW, Washington, DC                       competitive articles that complainant,
                                               Luis Obispo, CA 93406, telephone (805)                  20436, telephone (202) 205–3427.                      its licensees, or third parties make in the
                                               549–3493, email christina@slocas.org,                   Copies of non-confidential documents                  United States which could replace the
                                               by March 26, 2018. After that date, if no               filed in connection with this                         subject articles if they were to be
                                               additional requestors have come                         investigation, including the complaint                excluded;
                                               forward, transfer of control of the                     and the public record, can be accessed                   (iv) indicate whether complainant,
                                               human remains to the Santa Ynez Band                    on the Commission’s electronic docket                 complainant’s licensees, and/or third


                                          VerDate Sep<11>2014   18:52 Feb 22, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM   23FEN1


                                               8106                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               party suppliers have the capacity to                    INTERNATIONAL TRADE                                   Pharmaceutical Corporation of
                                               replace the volume of articles                          COMMISSION                                            Shrewsbury, NJ; ECI Pharmaceuticals
                                               potentially subject to the recommended                                                                        LLC of Fort Lauderdale, FL; Virtus
                                               exclusion order and/or a cease and                      Notice of Receipt of Complaint;                       Pharmaceuticals LLC of Tampa FL; and
                                               desist order within a commercially                      Solicitation of Comments Relating to                  Virtus Pharmaceuticals OPCO II LLC of
                                               reasonable time; and                                    the Public Interest                                   Nashville, TN. The complainant
                                                                                                       AGENCY: U.S. International Trade                      requests that the Commission issue a
                                                  (v) explain how the limited exclusion                                                                      general exclusion order, a limited
                                               order and a cease and desist order                      Commission.
                                                                                                                                                             exclusion order, cease and desist orders,
                                               would impact consumers in the United                    ACTION: Notice.
                                                                                                                                                             and impose a bond upon respondents’
                                               States.                                                                                                       alleged infringing articles during the 60-
                                                                                                       SUMMARY:   Notice is hereby given that
                                                  Written submissions must be filed no                 the U.S. International Trade                          day Presidential review period pursuant
                                               later than by close of business on March                Commission has received a complaint                   to 19 U.S.C. 1337(j).
                                               22, 2018.                                               entitled Certain Clidinium Bromide and                   Proposed respondents, other
                                                                                                       Products Containing Same, DN 3297;                    interested parties, and members of the
                                                  Persons filing written submissions
                                                                                                       the Commission is soliciting comments                 public are invited to file comments, not
                                               must file the original document                                                                               to exceed five (5) pages in length,
                                               electronically on or before the deadlines               on any public interest issues raised by
                                                                                                       the complaint or complainant’s filing                 inclusive of attachments, on any public
                                               stated above and submit 8 true paper                                                                          interest issues raised by the complaint
                                                                                                       pursuant to the Commission’s Rules of
                                               copies to the Office of the Secretary by                                                                      or § 210.8(b) filing. Comments should
                                                                                                       Practice and Procedure.
                                               noon the next day pursuant to section                                                                         address whether issuance of the relief
                                                                                                       FOR FURTHER INFORMATION CONTACT: Lisa
                                               210.4(f) of the Commission’s Rules of                                                                         specifically requested by the
                                                                                                       R. Barton, Secretary to the Commission,
                                               Practice and Procedure (19 CFR                                                                                complainant in this investigation would
                                                                                                       U.S. International Trade Commission,
                                               210.4(f)). Submissions should refer to                                                                        affect the public health and welfare in
                                                                                                       500 E Street SW, Washington, DC
                                               the investigation number (‘‘Inv. No.                    20436, telephone (202) 205–2000. The                  the United States, competitive
                                               337–TA–1031’’) in a prominent place on                  public version of the complaint can be                conditions in the United States
                                               the cover page and/or the first page. (See              accessed on the Commission’s                          economy, the production of like or
                                               Handbook for Electronic Filing                          Electronic Document Information                       directly competitive articles in the
                                               Procedures, https://www.usitc.gov/                      System (EDIS) at https://edis.usitc.gov,              United States, or United States
                                               secretary/fed_reg_notices/rules/                        and will be available for inspection                  consumers.
                                               handbook_on_electronic_filing.pdf.                      during official business hours (8:45 a.m.                In particular, the Commission is
                                               Persons with questions regarding filing                 to 5:15 p.m.) in the Office of the                    interested in comments that:
                                               should contact the Secretary ((202) 205–                                                                         (i) Explain how the articles
                                                                                                       Secretary, U.S. International Trade
                                               2000).                                                                                                        potentially subject to the requested
                                                                                                       Commission, 500 E Street SW,
                                                                                                                                                             remedial orders are used in the United
                                                  Any person desiring to submit a                      Washington, DC 20436, telephone (202)
                                                                                                                                                             States;
                                               document to the Commission in                           205–2000.                                                (ii) identify any public health, safety,
                                               confidence must request confidential                       General information concerning the
                                                                                                                                                             or welfare concerns in the United States
                                                                                                       Commission may also be obtained by
                                               treatment. All such requests should be                                                                        relating to the requested remedial
                                                                                                       accessing its internet server at United
                                               directed to the Secretary to the                                                                              orders;
                                                                                                       States International Trade Commission                    (iii) identify like or directly
                                               Commission and must include a full
                                                                                                       (USITC) at https://www.usitc.gov. The                 competitive articles that complainant,
                                               statement of the reasons why the                        public record for this investigation may
                                               Commission should grant such                                                                                  its licensees, or third parties make in the
                                                                                                       be viewed on the Commission’s                         United States which could replace the
                                               treatment. See 19 CFR 201.6. Documents                  Electronic Document Information
                                               for which confidential treatment by the                                                                       subject articles if they were to be
                                                                                                       System (EDIS) at https://edis.usitc.gov.              excluded;
                                               Commission is properly sought will be                   Hearing-impaired persons are advised
                                               treated accordingly. A redacted non-                                                                             (iv) indicate whether complainant,
                                                                                                       that information on this matter can be                complainant’s licensees, and/or third
                                               confidential version of the document                    obtained by contacting the                            party suppliers have the capacity to
                                               must also be filed simultaneously with                  Commission’s TDD terminal on (202)                    replace the volume of articles
                                               any confidential filing. All non-                       205–1810.                                             potentially subject to the requested
                                               confidential written submissions will be                SUPPLEMENTARY INFORMATION: The                        exclusion order and/or a cease and
                                               available for public inspection at the                  Commission has received a complaint                   desist order within a commercially
                                               Office of the Secretary and on EDIS.                    and a submission pursuant to § 210.8(b)               reasonable time; and
                                                  The authority for the Commission’s                   of the Commission’s Rules of Practice                    (v) explain how the requested
                                               determination is contained in section                   and Procedure filed on behalf of Valeant              remedial orders would impact United
                                               337 of the Tariff Act of 1930, as                       Pharmaceuticals North America LLC                     States consumers.
                                               amended (19 U.S.C. 1337), and in part                   and Valeant Pharmaceuticals                              Written submissions must be filed no
                                               210 of the Commission’s Rules of                        International, Inc. on February 20, 2018.             later than by close of business, eight
                                               Practice and Procedure (19 CFR part                     The complaint alleges violations of                   calendar days after the date of
                                                                                                       section 337 of the Tariff Act of 1930 (19             publication of this notice in the Federal
                                               210).
                                                                                                       U.S.C. 1337) in the importation into the              Register. There will be further
daltland on DSKBBV9HB2PROD with NOTICES




                                                 By order of the Commission.                           United States, the sale for importation,              opportunities for comment on the
                                                 Issued: February 16, 2018.                            and the sale within the United States                 public interest after the issuance of any
                                               Lisa R. Barton,                                         after importation of certain clidinium                final initial determination in this
                                               Secretary to the Commission.                            bromide and products containing same.                 investigation.
                                                                                                       The complaint names as respondents:                      Persons filing written submissions
                                               [FR Doc. 2018–03680 Filed 2–22–18; 8:45 am]
                                                                                                       Bi-Coastal Pharma International LLC of                must file the original document
                                               BILLING CODE 7020–02–P
                                                                                                       Shrewsbury, NJ; Bi-Coastal                            electronically on or before the deadlines


                                          VerDate Sep<11>2014   18:52 Feb 22, 2018   Jkt 244001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM   23FEN1



Document Created: 2018-02-23 01:32:55
Document Modified: 2018-02-23 01:32:55
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.
ContactRon Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3427. Copies of non- confidential documents filed in connection with this investigation, including the complaint and the public record, can be accessed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov, and are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation83 FR 8105 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR