64598 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

Background.—The final phase of 

these investigations is being scheduled 

pursuant to sections 705(b) and 731(b) 

of the Tariff Act of 1930 (19 U.S.C. 

1671d(b) and 1673d(b)), as a result of 

affirmative preliminary determinations 

by Commerce that certain benefits 

which constitute subsidies within the 

meaning of section 703 of the Act (19 

U.S.C. 1671b) are being provided to 

manufacturers, producers, or exporters 

in China of quartz surface products, and 

that such products are being sold in the 

United States at less than fair value 

within the meaning of section 733 of the 

Act (19 U.S.C. 1673b). The 

investigations were requested in 

petitions filed on April 17, 2018 by 

Cambria Company LLC, Eden Prairie, 

Minnesota. 

For further information concerning 

the conduct of this phase of the 

investigations, hearing procedures, and 

rules of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A and C (19 CFR part 207). 

Participation in the investigations and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of these 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in the final phase of these 

investigations available to authorized 

applicants under the APO issued in the 

investigations, provided that the 

application is made no later than 21 

days prior to the hearing date specified 

in this notice. Authorized applicants 

must represent interested parties, as 

defined by 19 U.S.C. 1677(9), who are 

parties to the investigations. A party 

granted access to BPI in the preliminary 

phase of the investigations need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the final phase of these 

investigations will be placed in the 

nonpublic record on March 14, 2019, 

and a public version will be issued 

thereafter, pursuant to section 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of these investigations beginning 

at 9:30 a.m. on April 4, 2019, at the U.S. 

International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before March 29, 2019. A nonparty who 

has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should participate in a prehearing 

conference to be held on April 1, 2019, 

at the U.S. International Trade 

Commission Building, if deemed 

necessary. Oral testimony and written 

materials to be submitted at the public 

hearing are governed by sections 

201.6(b)(2), 201.13(f), and 207.24 of the 

Commission’s rules. Parties must submit 

any request to present a portion of their 

hearing testimony in camera no later 

than 7 business days prior to the date of 

the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is March 21, 2019. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is April 11, 

2019. In addition, any person who has 

not entered an appearance as a party to 

the investigations may submit a written 

statement of information pertinent to 

the subject of the investigations, 

including statements of support or 

opposition to the petition, on or before 

April 11, 2019. On May 1, 2019, the 

Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before May 3, 2019, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.30 of the Commission’s 

rules. All written submissions must 

conform with the provisions of section 

201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

sections 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

Handbook on E-Filing, available on the 

Commission’s website at https://

edis.usitc.gov, elaborates upon the 

Commission’s rules with respect to 

electronic filing. 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: December 11, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–27196 Filed 12–14–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–614 and 731– 

TA–1431 (Preliminary)] 

Magnesium From Israel 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of imports 

of magnesium from Israel, provided for 

in subheadings 8104.11.00, 8104.19.00, 

and 8104.30.00 of the Harmonized Tariff 


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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 64599 

2Magnesium from Israel: Initiation of Less-ThanFair-Value Investigation 83 FR 58533, (November 

20, 2018); and Magnesium from Israel: Initiation of 

Countervailing Duty Investigation 83 FR 58529 

(November 20, 2018). 

3Commissioner Meredith M. Broadbent 

dissenting. 

4 Due to the federal government’s closure on 

December 5, 2018 as a mark of respect for George 

Herbert Walker Bush, these investigations 

conducted under authority of Title VII of the Tariff 

Act of 1930 accordingly have been tolled pursuant 

to 19 U.S.C. 1671a(b)(2), 1673d(b)(2). 

Schedule of the United States, that are 

alleged to be sold in the United States 

at less than fair value (‘‘LTFV’’) and to 

be subsidized by the government of 

Israel.2 3

Commencement of Final Phase 

Investigations 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in section 207.21 of the 

Commission’s rules, upon notice from 

the U.S. Department of Commerce 

(‘‘Commerce’’) of affirmative 

preliminary determinations in the 

investigations under sections 703(b) or 

733(b) of the Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under sections 705(a) or 735(a) of the 

Act. Parties that filed entries of 

appearance in the preliminary phase of 

the investigations need not enter a 

separate appearance for the final phase 

of the investigations. Industrial users, 

and, if the merchandise under 

investigation is sold at the retail level, 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to the investigations. 

Background 

On October 24, 2018, US Magnesium 

LLC, Salt Lake City, Utah, filed petitions 

with the Commission and Commerce, 

alleging that an industry in the United 

States is materially injured and 

threatened with material injury by 

reason of subsidized imports of 

magnesium from Israel and LTFV 

imports of magnesium from Israel. 

Accordingly, effective October 24, 2018, 

the Commission, pursuant to sections 

703(a) and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)), instituted 

countervailing duty investigation No. 

701–TA–614 (Preliminary) and 

antidumping duty investigation No. 

731–TA–1431 (Preliminary). 

Notice of the institution of the 

Commission’s investigations and of a 

public conference to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register of October 31, 2018 (83 

FR 54778).4 The conference was held in 

Washington, DC, on November 14, 2018, 

and all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission made these 

determinations pursuant to sections 

703(a) and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)). It completed 

and filed its determinations in these 

investigations on December 11, 2018. 

The views of the Commission are 

contained in USITC Publication 4860 

(December 2018), entitled Magnesium 

from Israel: Investigation Nos. 701–TA– 

614 and 731–TA–1431 (Preliminary). 

By order of the Commission. 

Issued: December 11, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–27184 Filed 12–14–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–989 (Rescission 

Proceeding)] 

Certain Automated Teller Machines, 

ATM Modules, Components Thereof, 

and Products Containing the Same; 

Commission Determination To Institute 

a Rescission Proceeding, To Rescind 

the Remedial Orders, and To Terminate 

the Rescission Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘the Commission’’) has 

determined to institute a rescission 

proceeding, to rescind a limited 

exclusion order and two cease-anddesist orders, and to terminate the 

rescission proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Needham, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone 202– 

205–2382. 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, telephone 202–205–1810. 

SUPPLEMENTARY INFORMATION: On March 

14, 2016, the Commission instituted the 

original investigation based on a 

Complaint filed by Nautilus Hyosung 

Inc. (now Hyosung TNS Inc.) of Seoul, 

Republic of Korea, and Nautilus 

Hyosung America Inc. of Irving, Texas 

(collectively, ‘‘Complainants’’). The 

Notice of Investigation named Diebold 

Nixdorf, Incorporated, and Diebold SelfService Systems, both of North Canton, 

Ohio (collectively, ‘‘Respondents’’) as 

Respondents. The Complaint alleged 

Respondents were violating section 337 

of the Tariff Act of 1930, as amended, 

19 U.S.C. 1337, by importing into the 

United States, selling for importation, or 

selling within the United States after 

importation certain automated teller 

machines, ATM modules, components 

thereof, and products containing same 

that infringe one or more of claims 1– 

3, 6, 8, and 9 (‘‘the asserted claims’’) of 

U.S. Patent No. 8,523,235 (‘‘the ’235 

patent’’). The Office of Unfair Import 

Investigations (‘‘OUII’’) was not named 

as a party. 

On July 14, 2017, the Commission 

found Respondents in violation of 

section 337 with respect to the asserted 

claims of the ’235 patent, and issued a 

limited exclusion order and two ceaseand-desist orders with respect to the 

asserted claims (‘‘the remedial orders’’). 

Respondents appealed the 

Commission’s determination to the U.S. 

Court of Appeals for the Federal Circuit 

(‘‘Federal Circuit’’). 

On August 15, 2018, the Federal 

Circuit issued an opinion finding the 

asserted claims of the ’235 patent 

invalid for indefiniteness pursuant to 35 

U.S.C. 112(6), and reversing the 

Commission’s determination that 

Respondents violated section 337. 

Diebold Nixdorf, Inc. v. International 

Trade Comm’n, Appeal No. 2017–2553, 

899 F.3d 1291 (Fed. Cir. 2018). The 

mandate issued on November 9, 2018. 


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