[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70998-70999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27712]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1118]
Certain Movable Barrier Operator Systems and Component Thereof;
Notice of Request for Statements on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the presiding administrative law
judge (``ALJ'') has issued an Initial Determination on Violation of
Section 337 and Recommended Determination on Remedy and Bond in the
above-captioned investigation. The Commission is soliciting comments on
public interest issues raised by the recommended relief, should the
Commission find a violation. This notice is soliciting public interest
comments from the public only. Parties are to file public interest
submissions pursuant to Commission rules.
FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation 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). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as
amended (``Section 337''), provides that if the Commission finds a
violation, it shall direct that the concerned articles be excluded from
entry into 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 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 soliciting comments on public interest issues
raised by the recommended relief should the Commission find a
violation, specifically, whether the Commission should issue: (1) A
limited exclusion order (``LEO'') against infringing movable barrier
operator systems and components thereof that are combined into
infringing products after importation that are imported into the United
States, sold for importation, or sold in the United States after
importation by respondents Nortek, Inc. of Providence, Rhode Island;
Nortek Security & Control, LLC of Carlsbad, California; and GTO Access
Systems of Tallahassee, Florida (collectively, ``Nortek''); and (2)
cease and desist orders (``CDO'') against the Nortek respondents.
The Commission is interested in developing the record on the public
interest in this investigation. The parties are to file their public
interest submissions pursuant to 19 CFR 210.50(a)(4). Members of the
public are hereby 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 Bond that
issued in this investigation on November 25, 2019. Comments should
address whether issuance of an LEO or CDO in this investigation, if a
violation is found, 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
complainants, their licensees, or third parties make in the United
States which could replace the subject articles if they were to be
excluded;
(iv) Indicate whether complainants, complainants' licensees, and/or
third party suppliers have the capacity to replace the volume of
articles potentially subject to the recommended exclusion order and/or
a cease and
[[Page 70999]]
desist order within a commercially reasonable time; and
(v) Explain how the LEO and CDO would impact consumers in the
United States.
Written submissions from the public must be filed no later than the
close of business on Friday, January 17, 2020.
Persons filing written submissions must file the original document
electronically on or before the deadline stated above and submit eight
(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-1118'') in a prominent place on
the cover page and/or first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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. 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, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
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: December 18, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-27712 Filed 12-23-19; 8:45 am]
BILLING CODE 7020-02-P