Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64357 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: December 10, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–27071 Filed 12–13–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1279 (Final) 

(Second Remand)] 

Hydrofluorocarbon Blends and 

Components From China 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of remand proceedings. 

SUMMARY: The U.S. International Trade 

Commission (‘‘Commission’’) hereby 

gives notice of the court-ordered remand 

of its final determination in the 

antidumping duty investigation of 

hydrofluorocarbon blends and 

components (‘‘HFC’’) from China. For 

further information concerning the 

conduct of these remand proceedings 

and rules of general application, consult 

the Commission’s Rules of Practice and 

Procedure. 

DATES: December 6, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Joanna Lo (202–205–1888), Office of 

Investigations, or P.V. Gallagher (202– 

205–3152), Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (http://

www.usitc.gov). The public record of 

Investigation No. 731–TA–1279 (Final) 

may be viewed on the Commission’s 

electronic docket (EDIS) at http://

edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On November 5, 2018, 

the U.S. Court of International Trade, 

per Judge Leo M. Gordon, issued a 

second opinion in Arkema, Inc. v. 

United States, Court No. 16–00179. In 

this second opinion, the CIT remanded 

to the agency two issues concerning the 

Commission’s like product 

determination in Hydrofluorocarbon 

(‘‘HFC’’) Blends and Components from 

China, Inv. No. 731–TA–1279 (Final), 

USITC Pub. 4629 (Aug. 2016). In the 

investigation, the Commission applied 

its five-factor finished/semi-finished 

product analysis and determined that 

there were two domestic like products, 

one comprised of HFC components and 

one comprised of HFC blends. The 

Commission then determined that the 

domestic industry producing HFC 

blends was materially injured by reason 

of subject imports of HFC blends, 

whereas the domestic industry 

producing HFC components was not 

materially injured or threatened with 

material injury by reason of subject 

imports of HFC components. Petitioners 

appealed the decisions to the CIT, 

challenging the Commission’s 

determination that there were two 

domestic like products consisting of 

HFC blends and HFC components. In its 

first opinion, the CIT remanded two 

issues to the Commission and affirmed 

all other aspects of the Commission’s 

domestic like product determination. 

See Arkema, Inc. v. United States, Court 

No. 16–00179, 42 CIT ll, 290 

F.Supp.3d 1363 (2018). The 

Commission filed its remand with the 

Court on May 5, 2018. In its second 

opinion, the CIT held that the 

Commission’s domestic like product 

determination remained deficient 

regarding the same two issues and again 

remanded these two issues to the 

Commission for reconsideration and 

explanation. Arkema, Inc. v. United 

States, Court No. 16–00179, Slip. Op. 

18–153 (Ct. Int’l Trade November 5, 

2018). 

Participation in the proceeding.— 

Only those persons who were interested 

parties that participated in the 

investigations (i.e., persons listed on the 

Commission Secretary’s service list) and 

also parties to the appeal may 

participate in the remand proceedings. 

Such persons need not make any 

additional notice of appearances or 

applications with the Commission to 

participate in the remand proceedings, 

unless they are adding new individuals 

to the list of persons entitled to receive 

business proprietary information 

(‘‘BPI’’) under administrative protective 

order. BPI referred to during the remand 

proceedings will be governed, as 

appropriate, by the administrative 

protective order issued in the 

investigation. The Secretary will 

maintain a service list containing the 

names and addresses of all persons or 

their representatives who are parties to 

the remand proceedings, and the 

Secretary will maintain a separate list of 

those authorized to receive BPI under 

the administrative protective order 

during the remand proceedings. 

Written Submissions.—The 

Commission is reopening the record in 

these proceedings for the limited 

purpose of issuing a short supplemental 

questionnaire to U.S. producers and 

blenders. The Commission is not 

otherwise reopening the record for the 

collection of new factual information. 

The Commission will make available 

any new factual information obtained 

during the remand proceedings not 

already served to parties in the 

investigations (as identified by the 

public or BPI service list). The 

Commission will permit the parties to 

file written comments on any new 

factual information obtained during the 

remand proceedings and on how the 

Commission could best comply with the 

CIT’s remand instructions. 

The comments must be based only on 

the information in the Commission’s 

record, including any new information 

collected in these remand proceedings. 

The Commission will reject submissions 

containing additional factual 

information or arguments pertaining to 

issues other than those on which the 

CIT has remanded this matter. The 

deadline for filing comments is January 

7, 2019. Comments shall be limited to 

no more than ten (10) double-spaced 

and single-sided pages of textual 

material. 

Parties are advised to consult with the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subpart A (19 CFR part 207) for 

provisions of general applicability 

concerning written submissions to the 

Commission. All written submissions 

must conform to the provisions of 

section 201.8 of the Commission’s rules; 

any submissions that contain BPI must 

also conform to 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 http://

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, will 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. 


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64358 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigation must be served on all other 

parties to the investigation (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. 

By order of the Commission. 

Issued: December 10, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–27088 Filed 12–13–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Dental and Orthodontic 

Scanners and Software, DN 3357; 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 § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of Align 

Technology, Inc., on December 10, 2018. 

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 dental and 

orthodontic scanners and software. The 

complaint names as respondents: 

3Shape A/S of Denmark; 3Shape, Inc. of 

Warren, NJ; and 3Shape Trios A/S of 

Denmark. The complainant requests that 

the Commission issue a limited 

exclusion order, cease and desist orders 

and impose a bond during the 60-day 

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, not 

to exceed five (5) pages in length, 

inclusive of attachments, on any public 

interest issues raised by the complaint 

or § 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 

should be filed no later than by close of 

business nine calendar days after the 

date of publication of this notice in the 

Federal Register. Complainant may file 

a reply to any written submission no 

later than the date on which 

complainant’s reply would be due 

under § 210.8(c)(2) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.8(c)(2)). 

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 § 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. 3357’’) in a 

prominent place on the cover page and/ 

or the first page. (See Handbook for 

Electonic Filing Procedures, Electronic 

Filing Procedures.1) 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 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 


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