[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62603-62604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26274]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1073]
Certain Thermoplastic-Encapsulated Electric Motors, Components
Thereof, and Products and Vehicles Containing Same II; 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 has issued a final initial determination on a section 337
violation and a recommended determination on remedy, the public
interest, and bonding 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: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-
[[Page 62604]]
205-3438. 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
(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: 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 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'') directed to certain infringing
thermoplastic-encapsulated electric motors, components thereof, and
products and vehicles containing same; and (2) cease and desist orders
(``CDOs'') against respondents Aisin Holdings of America, Inc. of
Seymour, Indiana; Aisin Technical Center of America, Inc. of
Northville, Michigan; Aisin World Corporation of America of Northville,
Michigan; Toyota Motor North America, Inc. of New York, New York;
Toyota Motor Sales, U.S.A., Inc. of Torrance, California; Toyota Motor
Engineering & Manufacturing North America, Inc. of Erlanger, Kentucky;
Toyota Motor Manufacturing, Indiana, Inc. of Princeton, Indiana; and
Toyota Motor Manufacturing, Kentucky, Inc. of Georgetown, Kentucky.
The Commission is interested in further development of the record
on the public interest in these investigations. Accordingly, parties
are to file public interest submissions pursuant to pursuant to 19 CFR
210.50(a)(4). In addition, 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
administrative law judge's Recommended Determination on remedy, the
public interest, and bonding issued in this investigation on November
27, 2018. Comments should address whether issuance of the LEO and CDOs
in this investigation, should the Commission find a violation, 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 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
close of business on Monday, January 7, 2019.
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-1073'') in a prominent place on
the cover page and/or the first page. See Handbook on Filing
Procedures, https://www.usitc.gov/secretary/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,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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 sections 201.10
and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR
201.10, 210.50).
By order of the Commission.
Issued: November 28, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26274 Filed 12-3-18; 8:45 am]
BILLING CODE 7020-02-P