[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20428-20429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09571]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1090]


Certain Intraoral Scanners and Related Hardware and Software; 
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 a Final Initial Determination on Section 337 
Violation and a Recommended Determination on Remedy 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: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 at 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 
(``Section 337'') provides that if the Commission finds a violation it 
shall exclude the articles concerned from the United States unless the 
public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such 
action. 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, a limited exclusion order and a cease and 
desist order directed against certain infringing intraoral scanners and 
related hardware and software imported by respondents 3Shape A/S and 
3Shape Trios A/S, both of Copenhagen K, Denmark, and 3Shape, Inc. of 
Warren, New Jersey.
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, parties are 
to file public interest submissions 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 ALJ's Recommended Determination on 
Remedy and Bonding issued in this investigation on April 26, 2019. 
Comments should address whether issuance of a limited exclusion order 
and a cease and desist order 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;

[[Page 20429]]

    (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 
complainant, complainant's 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 recommended orders within a 
commercially reasonable time; and
    (v) Explain how the recommended orders would impact consumers in 
the United States.
    Written submissions from the public must be filed no later than by 
close of business on June 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-1090'') in a prominent place on the cover page and/or the 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: May 6, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-09571 Filed 5-8-19; 8:45 am]
 BILLING CODE 7020-02-P