Appendices AJ

266 Pages·2016·2.58 MB·English

Appendix A
Request Letter
U.S. International Trade Commission | 539
Appendix A: Request Letter
540 | www.usitc.gov
TPP Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors
U.S. International Trade Commission | 541
Appendix A: Request Letter
542 | www.usitc.gov
Appendix B
Federal Register Notice
U.S. International Trade Commission | 543
Appendix B: Federal Register Notice

544 | www.usitc.gov
TPP Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors
72736 Federal Register/Vol. 80, No. 224/Friday, November 20, 2015/Notices
(202) 205–2000. Hearing impaired section 337, and are the parties upon INTERNATIONAL TRADE
individuals are advised that information which the complaint is to be served: COMMISSION
on this matter can be obtained by
Nautilus Hyosung Inc., 281 [Investigation No. TPA–105–001]
contacting the Commission’s TDD
Gwangpyeong-ro, Gangnam-gu Gu,
terminal on (202) 205–1810. Persons Trans-Pacific Partnership Agreement:
Seoul, Republic of Korea.
with mobility impairments who will Likely Impact on the U.S. Economy and
need special assistance in gaining access Nautilus Hyosung America Inc., 6641 N. on Specific Industry Sectors
to the Commission should contact the Beltline Road, Suite 100, Irving, TX
Office of the Secretary at (202) 205– 75061. AGENCY: United States International
2000. General information concerning Trade Commission.
HS Global, Inc., 381 Thor Pl., Brea, CA
the Commission may also be obtained 92821. ACTION: Institution of investigation and
by accessing its Internet server at scheduling of public hearing.
http://www.usitc.gov. The public record (3) For the investigation so instituted,
for this investigation may be viewed on the Chief Administrative Law Judge, SUMMARY: Following receipt on
the Commission’s electronic docket U.S. International Trade Commission, November 5, 2015 of a request from the
(EDIS) at http://edis.usitc.gov. shall designate the presiding U.S. Trade Representative (USTR), the
FORFURTHERINFORMATIONCONTACT: The Administrative Law Judge. Commission has instituted investigation
No. TPA–105–001, Trans-Pacific
Office of Docket Services, U.S. The Office of Unfair Import
Partnership Agreement: Likely Impact
International Trade Commission, Investigations will not participate as a
on the U.S. Economy and on Specific
telephone [phone]. party in this investigation.
Industry Sectors, under section 105(c) of
SUPPLEMENTARYINFORMATION: Responses to the complaint and the the Bipartisan Congressional Trade
Authority: The authority for institution of notice of investigation must be Priorities and Accountability Act of
this investigation is contained in section 337 submitted by the named respondents in 2015 (19 U.S.C. 4204(c)), for the purpose
of the Tariff Act of 1930, as amended, and accordance with section 210.13 of the of assessing the likely impact of the
in section 210.10 of the Commission’s Rules
Commission’s Rules of Practice and Agreement on the U.S. economy as a
of Practice and Procedure, 19 CFR 210.10
Procedure, 19 CFR 210.13. Pursuant to whole and on specific industry sectors
(2015).
19 CFR 201.16(e) and 210.13(a), such and the interests of U.S. consumers. In
Scope of Investigation: Having responses will be considered by the addition to the United States, the
considered the complaint, the U.S. Commission if received not later than 20 Agreement includes Australia, Brunei
International Trade Commission, on days after the date of service by the Darussalam, Canada, Chile, Japan,
November 16, 2015, ordered that— Commission of the complaint and the Malaysia, Mexico, New Zealand, Peru,
(1) Pursuant to subsection (b) of notice of investigation. Extensions of Singapore, and Vietnam.
section 337 of the Tariff Act of 1930, as time for submitting responses to the DATES:
amended, an investigation be instituted complaint and the notice of December 22, 2015: Deadline for filing
to determine whether there is a investigation will not be granted unless requests to appear at the public hearing.
violation of subsection (a)(1)(B) of good cause therefor is shown. December 29, 2015: Deadline for filing
section 337 in the importation into the pre-hearing briefs and statements.
United States, the sale for importation, Failure of a respondent to file a timely January 13, 2016: Public hearing.
or the sale within the United States after response to each allegation in the January 22, 2016: Deadline for filing
importation of certain automated teller complaint and in this notice may be post-hearing briefs and statements.
machines, ATM modules, components deemed to constitute a waiver of the February 15, 2016: Deadline for filing
thereof, and products containing the right to appear and contest the all other written submissions.
same by reason of infringement of one allegations of the complaint and this May 18, 2016: Anticipated date for
or more of claims 1, 2, 5–8, 10, 16–18, notice, and to authorize the transmitting Commission report to the
20, 22, 23, 26, and 27 of the ’616 patent; administrative law judge and the President and Congress.
claims 1–8, 12–18, and 21–27 of the Commission, without further notice to ADDRESSES: All Commission offices,
’461 patent; claims 1–15, 18–20, 22–26, the respondent, to find the facts to be as including the Commission’s hearing
and 28–30 of the ’010 patent; claims 1– alleged in the complaint and this notice rooms, are located in the United States
4, 6, 14, 15, and 19 of the ’761 patent; and to enter an initial determination International Trade Commission
claims 1–5 and 13–24 of the ’163 patent; and a final determination containing Building, 500 E Street SW., Washington,
and claims 1–8 and 12–20 of the ’631 such findings, and may result in the DC. All written submissions should be
patent, and whether an industry in the issuance of an exclusion order or a cease addressed to the Secretary, United
United States exists as required by and desist order or both directed against States International Trade Commission,
subsection (a)(2) of section 337; the respondent. 500 E Street SW., Washington, DC
(2) For the purpose of the 20436. The public record for this
investigation so instituted, the following By order of the Commission. investigation may be viewed on the
are hereby named as parties upon which Issued: November 17, 2015. Commission’s electronic docket (EDIS)
this notice of investigation shall be Lisa R. Barton, at https://edis.usitc.gov.
served:
Secretary to the Commission. FORFURTHERINFORMATIONCONTACT:
(a) The complainants are:
[FR Doc. 2015–29669 Filed 11–19–15; 8:45 am] Project Leader Jose Signoret (202–205–
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Appendix B: Federal Register Notice
Federal Register/Vol. 80, No. 224/Friday, November 20, 2015/Notices 72737
Commission’s Office of the General Section 105(c)(4) of the 2015 Act 201.8 of the Commission Rules of
Counsel (202–205–3091 or requires the President to make the Practice and Procedure (19 CFR 201.8).
[email protected]). The media Commission’s assessment under section Section 201.8 and the Commission’s
should contact Margaret O’Laughlin, 105(c)(2) available to the public. Handbook on Filing Procedures requires
Office of External Relations (202–205– that interested parties file documents
Public Hearing
1819 or [email protected]). electronically on or before the filing
Hearing-impaired individuals may The Commission will hold a public deadline and submit eight (8) true paper
obtain information on this matter by hearing in connection with this copies by 12:00 p.m. eastern time on the
contacting the Commission’s TDD investigation at the U.S. International next business day. In the event that
terminal at 202–205–1810. General Trade Commission Building, 500 E confidential treatment of a document is
information concerning the Commission Street SW., Washington, DC, beginning requested, interested parties must file, at
may also be obtained by accessing its at 9:30 a.m. on January 13, 2016, and the same time as the eight paper copies,
Internet server (http://www.usitc.gov). continuing on additional days, if at least four (4) additional true paper
Persons with mobility impairments who necessary. Requests to appear at the copies in which the confidential
will need special assistance in gaining public hearing should be filed with the information must be deleted (see the
access to the Commission should Secretary no later than 5:15 p.m., following paragraph for further
contact the Office of the Secretary at December 22, 2015. All pre-hearing information regarding confidential
202–205–2000. briefs and statements must be filed not business information). Persons with
later than 5:15 p.m., December 29, 2015; questions regarding electronic filing
Background
and all post-hearing briefs and should contact the Secretary (202–205–
On November 5, 2015, the statements, which should focus on 2000).
Commission received a letter from the matters raised at the hearing, must be Any submissions that contain
USTR stating that the President notified filed not later than 5:15 p.m., January confidential business information (CBI)
Congress, also on November 5, 2015, of 22, 2016. In order to appear at the must also conform with the
his intent to enter into the Trans-Pacific hearing, all interested parties and other requirements of section 201.6 of the
Partnership Agreement with the persons appearing must file a pre- Commission Rules of Practice and
countries of Australia, Brunei hearing brief or statement that sets forth Procedure (19 CFR 201.6). Section 201.6
Darussalam, Canada, Chile, Japan, the information and arguments they of the rules requires that the cover of the
Malaysia, Mexico, New Zealand, Peru, intend to present at the hearing. An document and the individual pages be
Singapore, and Vietnam. As requested extension of time for filing requests to clearly marked as to whether they are
by the USTR and as required by section appear, pre-hearing and post-hearing the ‘‘confidential’’ or ‘‘non-confidential’’
105(c) of the Bipartisan Congressional statements, and all other written version, and that the confidential
Trade Priorities and Accountability Act submissions will not be granted unless business information be clearly
of 2015 (2015 Act), the Commission will the Chairman determines that the identified by means of brackets. All
submit to the President and Congress a condition for granting an extension of written submissions, except for
report assessing the likely impact of the time in section 201.14(b)(2) of the confidential business information, will
Trans-Pacific Partnership (TPP) Commission Rules of Practice and be made available for inspection by
Agreement on the U.S. economy as a Procedure (19 CFR 201.14(b)(2)) is met. interested parties. Any confidential
whole and on specific industry sectors All requests to appear and all pre- business information received by the
and the interests of U.S. consumers. In hearing and post-hearing briefs and Commission in this investigation and
assessing the likely impact, the statements should otherwise be filed in used in preparing this report will not be
Commission will include the impact the accordance with the requirements in the published in a manner that would
agreement will have on the U.S. gross ‘‘Written Submissions’’ section below. reveal the operations of the firm
domestic product; exports and imports; In the event that, as of the close of supplying the information.
aggregate employment and employment business on December 22, 2015, no
Summaries of Written Submissions
opportunities; and the production, witnesses are scheduled to appear at the
employment, and competitive position hearing, the hearing will be canceled. The Commission intends to publish
of industries likely to be significantly Any person interested in attending the summaries of the positions of interested
affected by the agreement. In preparing hearing as an observer or nonparticipant persons in an appendix to its report.
its assessment, the Commission will should contact the Office of the Persons wishing to have a summary of
also review available economic Secretary at 202–205–2000 after their position included in the appendix
assessments regarding the Agreement, December 22, 2015, for information should include a summary with either
including literature concerning any concerning whether the hearing will be their pre-hearing or post-hearing brief or
substantially equivalent proposed held. another written submission, or as a
agreement. The Commission will separate written submission, and the
Written Submissions
provide a description of the analytical summary must be clearly marked on its
methods used and conclusions drawn in In lieu of or in addition to front page as being their ‘‘summary of
such literature, and a discussion of areas participating in the hearing, interested position for inclusion in the appendix to
of consensus and divergence between parties are invited to file written the Commission’s report.’’ The summary
the Commission’s analyses and submissions concerning this may not exceed 500 words, should be in
conclusions and other economic investigation. All written submissions MSWord format or a format that can be
assessments reviewed. should be addressed to the Secretary. easily converted to MSWord, and
ES Section 105(c)(2) of the 2015 Act Except in the case of requests to appear should not include any confidential
C
TI requires that the Commission submit its at the hearing and pre-hearing and post- business information. The summary will
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TPP Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors
72738 Federal Register/Vol. 80, No. 224/Friday, November 20, 2015/Notices
furnishing the summary, and will contacting the Commission’s TDD (b) The respondents are the following
include a link to the Commission’s terminal on (202) 205–1810. Persons entities alleged to be in violation of
Electronic Document Information with mobility impairments who will section 337, and are the parties upon
System (EDIS) where the full written need special assistance in gaining access which the complaint is to be served:
submission can be found. to the Commission should contact the Sizewise Rentals LLC, 1600 Genessee,
Office of the Secretary at (202) 205– Suite 950, Kansas City, MO 64102;
By order of the Commission.
2000. General information concerning American National Manufacturing Inc.,
Issued: November 17, 2015.
the Commission may also be obtained 252 Mariah Circle, Corona, CA 92879;
Lisa R. Barton,
by accessing its Internet server at Dires LLC and Dires LLC d/b/a Personal
Secretary to the Commission. http://www.usitc.gov. The public record Comfort Beds, 3411 Lake Breeze Drive,
[FR Doc. 2015–29659 Filed 11–19–15; 8:45 am] for this investigation may be viewed on Bldg. 601, Ste. E/F, Orlando, FL 32808.
BILLING CODE 7020–02–P the Commission’s electronic docket (c) The Office of Unfair Import
(EDIS) at http://edis.usitc.gov. Investigations, U.S. International Trade
FORFURTHERINFORMATIONCONTACT: The Commission, 500 E Street SW., Suite
INTERNATIONAL TRADE
Office of Unfair Import Investigations, 401, Washington, DC 20436; and
COMMISSION
U.S. International Trade Commission, (4) For the investigation so instituted,
[Investigation No. 337–TA–971] telephone [phone]. the Chief Administrative Law Judge,
Authority: The authority for U.S. International Trade Commission,
Certain Air Mattress Systems, institution of this investigation is shall designate the presiding
Components Thereof, and Methods of contained in section 337 of the Tariff Administrative Law Judge.
Using the Same; Institution of Act of 1930, as amended, and in section Responses to the complaint and the
Investigation 210.10 of the Commission’s Rules of notice of investigation must be
Practice and Procedure, 19 CFR 210.10 submitted by the named respondents in
AGENCY: U.S. International Trade
(2015). accordance with section 210.13 of the
Commission.
Scope of Investigation: Having Commission’s Rules of Practice and
ACTION: Notice. considered the complaint, the U.S. Procedure, 19 CFR 210.13. Pursuant to
SUMMARY: Notice is hereby given that a International Trade Commission, on 19 CFR 201.16(e) and 210.13(a), such
complaint was filed with the U.S. November 16, 2015, ORDERED THAT— responses will be considered by the
International Trade Commission on (1) Pursuant to subsection (b) of Commission if received not later than 20
section 337 of the Tariff Act of 1930, as
October 16, 2015, under section 337 of days after the date of service by the
amended, an investigation be instituted
the Tariff Act of 1930, as amended, 19 Commission of the complaint and the
to determine whether there is a
U.S.C. 1337, on behalf of Select Comfort notice of investigation. Extensions of
violation of subsection (a)(1)(B) of
Corporation of Minneapolis, Minnesota time for submitting responses to the
section 337 in the importation into the
and Select Comfort SC Corporation of complaint and the notice of
United States, the sale for importation,
Greenville, South Carolina. investigation will not be granted unless
or the sale within the United States after
Supplements were filed on October 28, good cause therefor is shown.
importation of certain air mattress
2015 and November 5, 2015. The Failure of a respondent to file a timely
systems, components thereof, and
complaint, as supplemented, alleges response to each allegation in the
methods of using the same by reason of
violations of section 337 based upon the complaint and in this notice may be
infringement of one or more of claims 2,
importation into the United States, the deemed to constitute a waiver of the
6, 9, 12, 16, 20 and 22–24 of the ’172
sale for importation, and the sale within right to appear and contest the
patent and claims 1, 5, 6, 16, 22, and 26
the United States after importation of allegations of the complaint and this
of the ’554 patent, and whether an
certain air mattress systems, notice, and to authorize the
industry in the United States exists as
components thereof, and methods of administrative law judge and the
required by subsection (a)(2) of section
using the same by reason of Commission, without further notice to
337;
infringement of certain claims of U.S. (2) Pursuant to Commission Rule the respondent, to find the facts to be as
Patent No. 5,904,172 (‘‘the ’172 patent’’) 210.50(b)(1), 19 CFR 210.50(b)(1), the alleged in the complaint and this notice
and U.S. Patent No. 7,389,554 (‘‘the ’554 presiding administrative law judge shall and to enter an initial determination
patent’’). The complaint further alleges take evidence or other information and and a final determination containing
that an industry in the United States hear arguments from the parties and such findings, and may result in the
exists as required by subsection (a)(2) of other interested persons with respect to issuance of an exclusion order or a cease
section 337. the public interest in this investigation, and desist order or both directed against
The complainants request that the as appropriate, and provide the the respondent.
Commission institute an investigation Commission with findings of fact and a By order of the Commission.
and, after the investigation, issue a recommended determination on this Issued: November 17, 2015.
limited exclusion order and cease and issue, which shall be limited to the Lisa R. Barton,
desist orders. statutory public interest factors set forth Secretary to the Commission.
ADDRESSES: The complaint, except for in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
[FR Doc. 2015–29670 Filed 11–19–15; 8:45 am]
any confidential information contained (3) For the purpose of the
therein, is available for inspection investigation so instituted, the following BILLING CODE 7020–02–P
during official business hours (8:45 a.m. are hereby named as parties upon which
ES to 5:15 p.m.) in the Office of the this notice of investigation shall be
OTIC Secretary, U.S. International Trade served: DEPARTMENT OF JUSTICE
OD with N C11o2m, mWiassshioinng, t5o0n0, ED CS t2re0e4t3 S6W, te.,l eRpohoomn e Co(ma)f Torhte C coormpoprlaatiinoann, t9s8 a0r0e :5 S9ethle cAtv enue FCoormeimgnis Csiloanim s Settlement
R (202) 205–2000. Hearing impaired North, Minneapolis, MN 55442; Select
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Appendix B: Federal Register Notice

548 | www.usitc.gov