[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54923-54924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22267]
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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 Argon Plasma
Coagulation System Probes, Their Components, and Other Argon Plasma
Coagulation System Components for use Therewith, DN 3414; 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 Erbe Elektromedizin GmbH and
Erbe USA, Inc. on October 7, 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 argon plasma
coagulation system probes, their components, and other argon plasma
coagulation system components for use therewith. The complaint names as
respondents: Olympus Corporation of Japan; Olympus Corporation of the
Americas of Center Valley, PA; Olympus America, Inc. of Center Valley,
PA; Olympus Surgical Technologies Europe of Germany; Olympus Winter &
Ibe GmbH of Germany; Olympus KeyMed Group Limited of the United
Kingdom; KeyMed (Medical & Industrial Equipment) Ltd. of the United
Kingdom; Olympus Bolton of the United Kingdom; and Olympus Surgical
Technologies Europe/Cardiff of the United Kingdom. The complainant
requests that the Commission issue 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 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
[[Page 54924]]
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 must also be filed by no later
than the close of business, eight calendar days after publication of
this notice in the Federal Register. Complainant may file replies to
any written submissions no later than three calendar days after the
date on which any initial submissions were due. Any submissions and
replies filed in response to this Notice are limited to five (5) pages
in length, inclusive of attachments.
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 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. 3414'') 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
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: October 7, 2019.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2019-22267 Filed 10-10-19; 8:45 am]
BILLING CODE 7020-02-P