[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Notices]
[Pages 67730-67731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28349]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1105]
Certain Programmable Logic Controller (PLCs), Components Thereof,
and Products Containing Same; Commission Determination Not To Review an
Initial Determination Terminating the Investigation in Its Entirety;
Termination of Investigation
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 determined not to review an initial determination
(``ID'') (Order No. 24) granting a motion by Complainant Radwell
International, Inc., of Willingboro, New Jersey (``Radwell'') to
terminate the above-captioned investigation in its entirety by reason
of withdrawal of its complaint. The investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. 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 (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 instituted this investigation
on March 29, 2018, based on a Complaint filed by Radwell. 83 FR 13515-
16 (Mar. 29, 2018). The Complaint alleges violations of Section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation
into the United States, sale for importation, and sale within the
United States after importation of certain programmable logic
controllers (``PLCs''), components thereof, and products containing
same by reason of: (1) A conspiracy to fix resale prices in violation
of Section 1 of the Sherman Act; (2) a conspiracy to boycott resellers
in violation of Section 1 of the Sherman Act; and (3) monopolization in
violation of Section 2 of the Sherman Act, the threat or effect of
which is to destroy or substantially injure a domestic industry in the
United States, or to restrain or monopolize trade and commerce in the
United States. Id. The notice of investigation names Rockwell
Automation, Inc. (``Rockwell'') of Milwaukee, Wisconsin as Respondent.
Id. The Office of Unfair Import Investigations (``OUII'') was also
named as a party to the investigation. Id. Non-party North Coast
Electric Company was later added as an intervenor. Comm'n Notice (July
27, 2018) (aff'g Order No. 10 (July 9, 2018)), 83 FR 37516 (Aug. 1,
2018).
On November 8, 2018, Radwell filed an opposed motion to terminate
the investigation in its entirety by withdrawal of its complaint,
pursuant to Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1). On
November 19, 2018, Rockwell filed an opposition to the motion. On the
same date, OUII filed a response supporting Radwell's motion.
[[Page 67731]]
On November 29, 2018, the ALJ issued the subject ID (Order No. 24)
granting Radwell's motion to terminate the investigation. The ALJ found
no extraordinary circumstance that precluded terminating the
investigation based on Radwell's withdrawal of the complaint.
On December 7, 2018, Rockwell filed a petition for review and
reversal of the ID. On December 14, 2018, both Radwell and OUII filed
oppositions to Rockwell's petition.
Upon consideration of the subject ID, the petition for review and
responses thereto, and relevant statutory and judicial authority, the
Commission has determined not to review the subject ID and accordingly
terminates the above-captioned investigation.
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 21, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-28349 Filed 12-28-18; 8:45 am]
BILLING CODE 7020-02-P