Passenger Vehicle and Light Truck Tires From China; Determinations
| Published date | 11 February 2021 |
| Citation | 86 FR 9084 |
| Record Number | 2021-02801 |
| Section | Notices |
| Court | International Trade Commission |
9084
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices
1
Consolidated and Further Continuing
Appropriations Act, 2013, Public Law 113–6, Div.
D., Title V., sec. 510 (March 26, 2013).
2
That in civil proceedings in the United States
District Courts, where a party seeking access to SSI
demonstrates that the party has substantial need of
relevant SSI in the preparation of the party’s case
and that the party is unable without undue
hardship to obtain the substantial equivalent of the
information by other means, the party or party’s
counsel shall be designated as a covered person
under 49 CFR part 1520.7 in order to have access
to the SSI at issue in the case, provided that the
overseeing judge enters an order that protects the
SSI from unauthorized or unnecessary disclosure
and specifies the terms and conditions of access,
unless upon completion of a criminal history check
and terrorist assessment like that done for aviation
workers on the persons seeking access to SSI, or
based on the sensitivity of the information, the
Transportation Security Administration or DHS
demonstrates that such access to the information for
the proceeding presents a risk of harm to the nation:
Provided, That notwithstanding any other provision
of law, an order granting access to SSI under this
section shall be immediately appealable to the
United States Courts of Appeals, which shall have
plenary review over both the evidentiary finding
and the sufficiency of the order specifying the terms
and conditions of access to the SSI in question:
Provided further, That notwithstanding any other
provision of law, the Secretary may assess a civil
penalty of up to $50,000 for each violation of 49
CFR part 1520 by persons provided access to SSI
under this provision.
3
In the 60-day notice, the estimated annual
burden was listed as 275 hours. TSA is now
adjusting the estimate to 104.53 annual hours
through the use of actual data.
1
The record is defined in §207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2
Commissioner David S. Johanson dissenting.
‘‘covered individuals’’ with a ‘‘need to
know’’.
Pursuant to the requirements in
Section 525(d) of the DHS
Appropriations Act, 2007, Public Law
109–295, 120 Stat 1355, 1382, Oct. 4,
2006, as reenacted,
1
TSA established a
process allowing access to SSI in a civil
proceeding in federal district court for
party or party’s counsel that
demonstrates a substantial need for
relevant SSI in preparation of the party’s
case.
2
In such cases, TSA may grant
court reporters and experts access to the
SSI under similar terms and conditions.
Under 49 CFR 1520.11 and 1520.15,
TSA has also extended the use for
security background checks to include
other individuals, including a
prospective bidder who is seeking to
submit a proposal in response to a
request for proposal issued by TSA; an
individual involved in the performance
of contractual agreements (e.g.,
bailments) or other transaction
agreements, or an individual receiving
access to SSI as a conditional disclosure
under 49 CFR 1520.15(e).
Under 49 CFR 1520.11(c), TSA may
make an individual’s access to SSI
contingent upon satisfactory completion
of a security threat assessment (STA),
including evaluation of a criminal
history records check (CHRC); and/or a
name-based check against federal law
enforcement, terrorism, and
immigration databases; and/or other
procedures and requirements for
safeguarding SSI that are satisfactory to
TSA. See also 49 U.S.C. 114(f)(4). To
conduct this security background check,
TSA collects identifying information, an
explanation supporting the individuals’
need for the information, and other
information related to safeguarding SSI
to conduct the STAs. For individuals
who have received a comparable STA
from TSA (such as being a member of
the TSA PreCheck
®
Application
Program), TSA may also use the known
traveler number issued by TSA to
inform an individual’s eligibility to
access SSI, or otherwise honor the
comparable STA. TSA uses the results
of the STA to make a final
determination on whether the
individual may be granted access to SSI.
TSA also uses the information as part of
its determination as to whether
provision of access to specific SSI
would present a risk of harm to the
nation.
To address program needs, TSA is
revising the information collection. In
particular, TSA is revising TSA Form
2211. The form entitled SSI Access
Threat Assessment Questionnaire will
now become two forms: TSA Form
2817A for court proceedings and TSA
Form 2817B for standard use. The data
points now consist of identifying
information, including, but not limited
to, full name (including any aliases),
date of birth, place of birth, gender,
Social Security Number (optional),
employer name (optional); country of
citizenship, Known Traveler Number,
level of clearance and date granted and
information regarding the need for the
information (litigant, bidder, etc.).
In addition to the information
required for conducting background
checks, TSA requires contract bidders to
provide a certification from each
company/entity that its employees/
personnel who are provided access to
SSI are properly trained; a Non-
Disclosure Agreement for each
individual who is granted access to SSI;
and an affirmation that each company/
entity will designate a Senior Official
who can certify that all appropriate
protections will be followed, only
authorized individuals will have access
to the sensitive information, and that
those individuals adequately
understand their responsibilities to
protect the information. TSA may also
require these features for other
contractual agreements (e.g., bailments),
participants other transaction
agreements, or those who receive other
conditional SSI disclosures on a case-
by-case basis.
In the case of a party seeking access
to SSI in a civil proceeding in federal
court, TSA will gather the information
required for individual vetting,
including fingerprinting to conduct a
CHRC and also require these individuals
to respond to questions to verify
individuals’ history in safeguarding
sensitive information, including good
standing with bar membership or
sanctions; and to agree to abide by TSA
instructions concerning the handling of
SSI in connection with the court
proceeding.
TSA is also revising the collection to
allow individuals who have recently
(i.e., within 2 years or as determined
appropriate by the program office)
successfully undergone a federal
background investigation (i.e., Tier 1) or
hold an active security clearance
granting access to classified national
security information to facilitate the
STA. TSA will use this information as
part of its determination as to whether
provision of access to specific SSI
would be detrimental to transportation
security.
Number of Respondents: 263.
Estimated Annual Burden Hours: An
estimated 104.53 hours annually.
3
Dated: February 5, 2021.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer,
Information Technology.
[FR Doc. 2021–02806 Filed 2–10–21; 8:45 am]
BILLING CODE 9110–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–522 and 731–
TA–1258 (Review)]
Passenger Vehicle and Light Truck
Tires From China; Determinations
On the basis of the record
1
developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping and countervailing duty
orders on passenger vehicle and light
truck tires from China would be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.
2
Background
The Commission instituted these
reviews on July 1, 2020 (85 FR 39581)
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9085
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices
and determined on October 5, 2020 that
it would conduct expedited reviews (86
FR 2456, January 12, 2021).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on February 5, 2021.
The views of the Commission are
contained in USITC Publication 5158
(February 2021), entitled Passenger
Vehicle and Light Truck Tires from
China: Investigation Nos. 701–TA–522
and 731–TA–1258 (Review).
By order of the Commission.
Issued: February 5, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–02801 Filed 2–10–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1190]
Certain Wearable Monitoring Devices,
Systems, and Components Thereof;
Notice of Request for Submissions on
the Public Interest
AGENCY
: U.S. International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that on
February 4, 2021, the presiding
administrative law judge (‘‘ALJ’’) issued
an Initial Determination on Violation of
Section 337. The ALJ also issued a
Recommended Determination on
remedy and bonding should a violation
be found in the above-captioned
investigation. The Commission is
soliciting submissions on public interest
issues raised by the recommended relief
should the Commission find a violation.
This notice is soliciting comments from
the public only.
FOR FURTHER INFORMATION CONTACT
:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone
(202)708–2310. Copies of non-
confidential documents filed in
connection with this investigation may
be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. For help accessing EDIS,
please email EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at https://
www.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
: Parties are
to file public interest submissions
pursuant to 19 CFR 210.50(a)(4). Section
337 of the Tariff Act of 1930 provides
that, if the Commission finds a
violation, it shall exclude the articles
concerned from the United States:
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
States economy, the production of like or
directly competitive articles in the United
States, and United States consumers, it finds
that such articles should not be excluded
from entry.
19 U.S.C. 1337(d)(1). A similar
provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is soliciting
submissions on public interest issues
raised by the recommended relief
should the Commission find a violation,
specifically: A limited exclusion order
directed to certain wearable monitoring
devices, systems, and components
thereof imported, sold for importation,
and/or sold after importation by
respondents Fitbit, Inc. (‘‘Fitbit’’) of San
Francisco, California; Garmin
International, Inc. and Garmin USA, Inc.
(‘‘the domestic Garmin Respondents’’),
both of Olathe, Kansas; Garmin Ltd. d/
b/a Garmin Switzerland GmbH of
Schaffhausen, Switzerland; Ingram
Micro Inc. of Irvine, California; Maintek
Computer (Suzhou) Co., Ltd. of Jiangsu
Province, China; and Inventec
Appliances (Pudong) of Shanghai,
China; and cease and desist orders issue
directed to the domestic Garmin
Respondents and Fitbit.
The Commission is interested in
further development of the record on
the public interest in this investigation.
Accordingly, members of the public are
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 February 4, 2021.
Comments should address whether
issuance of the recommended remedial
orders 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
remedial orders are used in the United
States;
(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,
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 recommended
orders within a commercially
reasonable time; and
(v) explain how the recommended
orders would impact consumers in the
United States.
Written submissions must be filed by
the close of business on March 8, 2021.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (‘‘Inv.
No. 337–TA–1190’’) 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
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