[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Pages 19957-19958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09280]
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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 Light-Emitting
Diode Products, Systems, and Components Thereof, DN 3385; 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 Lighting Science Group
Corporation; Healthe, Inc., and Global Value Lighting, LLC on April 30,
2019. 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 light-emitting diode products, systems, and
components thereof. The complaint names as respondents: Nichia
Corporation of Japan; Nichia America Corporation of Wixom, MI; Cree,
Inc. of Durham, NC; Cree Hong Kong, Limited of Hong Kong; Cree Huizhou
Solid State Lighting Co. Ltd. of China; OSRAM GmbH of Germany; OSRAM
Licht AG of Germany; OSRAM Opto Semiconductors GmbH of Germany; OSRAM
Opto Semiconductors, Inc. of Sunnyvale, CA; Lumileds Holding B.V. of
the Netherlands; Lumileds, LLC of San Jose, CA; Signify N.V. (f/k/a
Philips Lighting N.V.) of the Netherlands; Signify North America
Corporation (f/k/a Philips Lighting North America Corporation) of
Somerset, NJ; MLS Co., Ltd. of China; LEDVANCE GmbH of Germany;
LEDVANCE LLC of Wilmington, MA; General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland,
OH; Acuity Brands, Inc. of Atlanta, GA; Acuity Brands Lighting Inc. of
Conyers, GA; Eaton Corporation plc of Ireland; Cooper Lighting, LLC of
Peachtree City, GA; Cooper Industries, LLC of Houston, TX; Leedarson
Lighting Co., Ltd. of China; and Leedarson America, Inc. of Smyrna, GA.
The complainant requests that the Commission issue a general exclusion
order, 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 on the public interest 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. Any
written submissions on other issues should be filed no later than by
close of business nine calendar days after the date of publication of
this notice in the Federal Register. Complainant may file a reply to
any written submission no later than the date on which complainant's
reply would be due under Sec. 210.8(c)(2) of the Commission's Rules of
Practice and Procedure (19 CFR 210.8(c)(2)).
Persons filing written submissions must file the original document
[[Page 19958]]
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. 3385'') 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 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: May 1, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-09280 Filed 5-6-19; 8:45 am]
BILLING CODE 7020-02-P