Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest |
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Lisa R. Barton
International Trade Commission
1 November 2017
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50680-50681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23730]
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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 Road Construction
Machines and Components Thereof, DN 3270; 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 Caterpillar Inc. and
Caterpillar Paving Products, Inc. on October 26, 2017. 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 road construction machines and components thereof. The
complaint names as respondents Wirtgen GmbH of Germany; Joseph V gele
AG of Germany; Wirtgen Group Holding GmbH of Germany; and Wirtgen
America, Inc. of Antioch, TN. The complainant requests that the
Commission issue a limited exclusion order, cease and desist orders,
and impose a bond upon respondents' alleged infringing articles during
the 60-day Presidential 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 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.
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. 3270'') 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
[[Page 50681]]
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.
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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: October 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23730 Filed 10-31-17; 8:45 am]
BILLING CODE 7020-02-P