Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

Published date12 August 2020
Citation85 FR 48725
Record Number2020-17618
SectionNotices
CourtInternational Trade Commission
Federal Register, Volume 85 Issue 156 (Wednesday, August 12, 2020)
[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
                [Notices]
                [Pages 48725-48726]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-17618]
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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 Non-Invasive
                Aesthetic Body-Contouring Devices, Components Thereof, and Methods of
                Using Same DN 3484; 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. For help accessing
                EDIS, please email [email protected].
                 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.
                [[Page 48726]]
                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 BTL Industries, Inc. on
                August 5, 2020. 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 non-invasive aesthetic body-contouring
                devices, components thereof, and methods of using same. The complaint
                names as respondents: Allergan Limited of Ireland; Allergan USA, Inc.
                of Madison, NJ; Allergan, Inc. of Madison, NJ; Zeltiq Aesthetics, Inc.
                of Pleasanton, CA; Zeltiq Ireland Unlimited Company of Ireland; and
                Zimmer MedizinSysteme GmbH of Germany. 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 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. Submissions
                should refer to the docket number (``Docket No. 3484'') in a prominent
                place on the cover page and/or the first page. (See Handbook for
                Electronic Filing Procedures, Electronic Filing Procedures \1\). Please
                note the Secretary's Office will accept only electronic filings during
                this time. Filings must be made through the Commission's Electronic
                Document Information System (EDIS, https://edis.usitc.gov.) No in-
                person paper-based filings or paper copies of any electronic filings
                will be accepted until further notice. Persons with questions regarding
                filing should contact the Secretary at [email protected].
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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: August 6, 2020.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2020-17618 Filed 8-11-20; 8:45 am]
                BILLING CODE 7020-02-P
                

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