67346 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

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 

limited exclusion order within a 

commercially reasonable time; and 

(v) Explain how the recommended 

limited exclusion order would impact 

consumers in the United States. 

Written submissions must be filed no 

later than by close of business on 

January 16, 2019. 

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 section 

210.4(f) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the investigation number (‘‘Inv. No. 

1081’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, http://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.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,1 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and in part 210 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

part 210). 

By order of the Commission. 

Issued: December 20, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–28174 Filed 12–27–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1074] 

Certain Industrial Automation Systems 

and Components Thereof Including 

Control Systems, Controllers, 

Visualization Hardware, Motion and 

Motor Control Systems, Networking 

Equipment, Safety Devices, and Power 

Supplies; Commission Determination 

Not To Review a Final Initial 

Determination Finding a Section 337 

Violation by the Defaulted 

Respondents 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review a final initial determination 

(‘‘FID’’) of the presiding administrative 

law judge (‘‘ALJ’’) finding a section 337 

violation by the Defaulted Respondents. 

The Commission also requests written 

submissions, under the schedule set 

forth below, on remedy, the public 

interest, and bonding. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. 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 on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on October 16, 2017, based on a 

complaint filed by Complainant 

Rockwell Automation, Inc. of 

Milwaukee, Wisconsin. See 82 FR 

48113–15 (Oct. 16, 2017). The 

complaint, as supplemented, alleges 

violations of section 337 based on the 

infringement of certain registered 

trademarks and copyrights and on 

unfair methods of competition and 

unfair acts in the importation or sale of 

certain industrial automation systems 

and components thereof including 

control systems, controllers, 

visualization hardware, motion and 

motor control systems, networking 

equipment, safety devices, and power 

supplies, the threat or effect of which is 

to destroy or substantially injure an 

industry in the United States. See id. 

The Notice of Investigation identifies 

the following respondents: Can Electric 

Limited of Guangzhou, China (‘‘Can 

Electric’’); Capnil (HK) Company 

Limited of Hong Kong (‘‘Capnil’’); 

Fractioni (Hongkong) Ltd. of Shanghai, 

China (‘‘Fractioni’’); Fujian Dahong 

Trade Co. of Fujian, China (‘‘Dahong’’); 

GreySolution Limited d/b/a Fibica of 

Hong Kong (‘‘GreySolution’’); Huang 

Wei Feng d/b/a A–O–M Industry of 

Shenzhen, China (‘‘Huang’’); KBS 

Electronics Suzhou Co, Ltd. of 

Shanghai, China (‘‘KBS’’); PLC–VIP 

Shop d/b/a VIP Tech Limited of Hong 

Kong (‘‘PLC–VIP’’); Radwell 

International, Inc. d/b/a PLC Center of 

Willingboro, New Jersey (‘‘Radwell’’); 

Shanghai EuoSource Electronic Co., Ltd 

of Shanghai, China (‘‘EuoSource’’); 

ShenZhen T-Tide Trading Co., Ltd. of 

Shenzhen, China (‘‘T-Tide’’); SoBuy 

Commercial (HK) Co. Limited of Hong 

Kong (‘‘SoBuy’’); Suzhou Yi Micro 

Optical Co., Ltd., d/b/a Suzhou Yiwei 

Guangxue Youxiangongsi, d/b/a Easy 

Microoptics Co. LTD. of Jiangsu, China 

(‘‘Suzhou’’); Wenzhou Sparker Group 

Co. Ltd., d/b/a Sparker Instruments of 

Wenzhou, China (‘‘Sparker’’); and 

Yaspro Electronics (Shanghai) Co., Ltd. 

of Shanghai, China (‘‘Yaspro’’). See id. 

In addition, the Office of Unfair Import 

Investigations is also a party in this 

investigation. See id. 

Nine respondents were found in 

default, namely, Fractioni, 

GreySolution, KBS, EuoSource, T-Tide, 

SoBuy, Suzhou, Yaspro and Can Electric 

(collectively, ‘‘the Defaulted 

Respondents’’). See Order No. 17 (Feb. 

1, 2018), unreviewed, Comm’n Notice 


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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices 67347 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

(Feb. 26, 2018); Order No. 32 (June 28, 

2018), unreviewed, Comm’n Notice (July 

24, 2018). Furthermore, five unserved 

respondents (Capnil, Dahong, Huang, 

PLC–VIP, and Sparker) were terminated 

from the investigation, and one 

respondent (Radwell) was terminated 

based on the entry of a consent order. 

See Order No. 41 (July 17, 2018), 

unreviewed, Comm’n Notice (Aug. 13, 

2018); Order No. 42 (July 20, 2018), 

unreviewed, Comm’n Notice (Aug. 15, 

2018). 

On October 23, 2018, the ALJ issued 

the subject FID finding a violation of 

section 337 by the Defaulted 

Respondents and recommending that 

the Commission: (1) Issue a general 

exclusion order; (2) issue a cease and 

desist order against Defaulted 

Respondent Fractioni; and (3) set a bond 

at 100 percent of the entered value. No 

petitions for review of the subject FID 

were filed. 

The Commission has determined not 

to review the subject FID. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent(s) being 

required to cease and desist from 

engaging in unfair acts in the 

importation and sale of such articles. 

Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see Certain Devices for 

Connecting Computers via Telephone 

Lines, Inv. No. 337–TA–360, USITC 

Pub. No. 2843 (Dec. 1994) (Comm’n 

Op.). 

In particular, the written submissions 

should address any request for a cease 

and desist order in the context of recent 

Commission opinions, including those 

in Certain Arrowheads with Deploying 

Blades and Components Thereof and 

Packaging Therefor, Inv. No. 337–TA– 

977, Comm’n Op. (Apr. 28, 2017) and 

Certain Electric Skin Care Devices, 

Brushes and Chargers Therefor, and Kits 

Containing the Same, Inv. No. 337–TA– 

959, Comm’n Op. (Feb. 13, 2017). 

Specifically, if Complainant seeks a 

cease and desist order against a 

defaulting respondent, the written 

submissions should respond to the 

following requests: 

(1) Please identify with citations to 

the record any information regarding 

commercially significant inventory in 

the United States as to each respondent 

against whom a cease and desist order 

is sought. If Complainant also relies on 

other significant domestic operations 

that could undercut the remedy 

provided by an exclusion order, please 

identify with citations to the record 

such information as to each respondent 

against whom a cease and desist order 

is sought. 

(2) In relation to the infringing 

products, please identify any 

information in the record, including 

allegations in the pleadings, that 

addresses the existence of any domestic 

inventory, any domestic operations, or 

any sales-related activity directed at the 

United States for each respondent 

against whom a cease and desist order 

is sought. 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) the public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. 

Complainant and the Commission 

investigative attorney are also requested 

to submit proposed remedial orders for 

the Commission’s consideration. 

Complainant is also requested to state 

the HTSUS numbers under which the 

accused products are imported and to 

supply the names of known importers of 

the infringing articles. 

Written submissions must be filed no 

later than close of business on January 

11, 2019. Reply submissions must be 

filed no later than the close of business 

on January 18, 2019. Such submissions 

should address the ALJ’s recommended 

determinations on remedy and bonding 

which were made in the FID. No further 

submissions on any of these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit eight (8) true 

paper copies to the Office of the 

Secretary by noon the next day pursuant 

to section 210.4(f) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1074’’) in a prominent place on 

the cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

secretary/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,1 solely for cybersecurity 

purposes. All non-confidential written 

submissions will be available for public 


amozie on DSK3GDR082PROD with NOTICES1
67348 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices 

inspection at the Office of the Secretary 

and on EDIS. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: December 20, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–28175 Filed 12–27–18; 8:45 am] 

BILLING CODE 7020–02–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Hearing of the Judicial Conference 

Advisory Committee on the Federal 

Rules of Evidence 

AGENCY: The Advisory Committee on 

the Federal Rules of Evidence, Judicial 

Conference of the United States. 

ACTION: Notice of cancellation of public 

hearing. 

SUMMARY: The January 18, 2019 public 

hearing in Washington, DC, on proposed 

amendments to the Evidence Rules has 

been canceled. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Womeldorf, Rules 

Committee Secretary, Rules Committee 

Staff, Administrative Office of the 

United States Courts, Washington, DC 

20544, telephone (202) 502–1820. 

SUPPLEMENTARY INFORMATION: 

Announcements for this hearing were 

previously published in 83 FR 39463 

and 83 FR44305. 

Dated: December 20, 2018. 

Rebecca A. Womeldorf, 

Rules Committee Secretary. 

[FR Doc. 2018–28160 Filed 12–27–18; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–488E] 

Established Aggregate Production 

Quotas for Schedule I and II Controlled 

Substances and Assessment of 

Annual Needs for the List I Chemicals 

Ephedrine, Pseudoephedrine, and 

Phenylpropanolamine for 2019 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: This final order establishes 

the initial 2019 aggregate production 

quotas for controlled substances in 

schedules I and II of the Controlled 

Substances Act and the assessment of 

annual needs for the list I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. 

DATES: Valid December 28, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Kathy L. Federico, Regulatory Drafting 

and Policy Support Section (DPW), 

Diversion Control Division, Drug 

Enforcement Administration, 8701 

Morrissette Drive, Springfield, VA 

22152, Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

Section 306 of the Controlled 

Substances Act (CSA) (21 U.S.C. 826) 

requires the Attorney General to 

establish aggregate production quotas 

for each basic class of controlled 

substance listed in schedules I and II 

and for the list I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine. The Attorney 

General has delegated this function to 

the Administrator of the DEA pursuant 

to 28 CFR 0.100. 

Background 

The 2019 aggregate production quotas 

and assessment of annual needs 

represent those quantities of schedule I 

and II controlled substances and the list 

I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine that may be 

manufactured in the United States in 

2019 to provide for the estimated 

medical, scientific, research, and 

industrial needs of the United States, for 

lawful export requirements, and for the 

establishment and maintenance of 

reserve stocks. These quotas include 

imports of ephedrine, pseudoephedrine, 

and phenylpropanolamine, but do not 

include imports of controlled 

substances for use in industrial 

processes. 

On August 20, 2018, the DEA 

published a notice titled ‘‘Proposed 

Aggregate Production Quotas for 

Schedule I and II Controlled Substances 

and Assessment of Annual Needs for the 

List I Chemicals Ephedrine, 

Pseudoephedrine, and 

Phenylpropanolamine for 2019’’ in the 

Federal Register. 83 FR 42164. This 

notice proposed the 2019 aggregate 

production quotas for each basic class of 

controlled substance listed in schedules 

I and II and the 2019 assessment of 

annual needs for the list I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. All interested 

persons were invited to comment on or 

object to the proposed aggregate 

production quotas and the proposed 

assessment of annual needs on or before 

September 19, 2018. 

Comments Received 

The DEA received 48 comments from 

professional organizations, patients, 

associations, universities, Senators, 

State Attorneys General, a doctor, DEA 

registered entities, and non-DEA 

entities. The comments included 

concerns about the quota process, 

shortages, prescriptions, diversion, 

marihuana, requests for a hearing, 

requests for increase in specific 

production quotas, and other comments 

that are outside the scope of the notice. 

Quota Process 

There were eight commenters that 

expressed concerns about the quota 

process. Some of these commenters 

requested that the DEA consider 

information from the Department of 

Health and Human Services (HHS) and 

the Food and Drug Administration 

(FDA) to determine the aggregate 

production quota. Other commenters 

stated that the DEA did not consider the 

factors contained in the Controlled 

Substances Quotas Final Rule published 

on July 16, 2018, 83 FR 32784, to 

determine the 2019 aggregate 

production quota. 

The DEA has obtained and considered 

relevant information from the FDA. The 

information the DEA received included 

the observed and estimated domestic 

usage of 26 schedule II controlled 

substances, new drug applications and 

abbreviated drug application approvals, 

and clinical trials for schedule I and II 

controlled substances. 

Regarding the Final Rule published 

on July 16, 2018, 83 FR 32784, the DEA 

amended the factors set forth in 21 CFR 

1303.11 to be considered when setting 

the aggregate production quotas to 

include the extent of diversion of the 

controlled substances in each class, and 

relevant information obtained from the 

HHS, the FDA, the Centers for Disease 

Control and Prevention (CDC), the 

Centers for Medicare and Medicaid 

Services (CMS), and the states. 

The DEA has solicited the states and 

federal partners to obtain relevant 

information to be considered when 

setting the aggregate production quota 

pursuant to 21 CFR 1303.11 and this 

information will be considered for the 

2019 proposed adjustments to the 

aggregate production quota. The DEA 

will continue to solicit information from 

the states for the 2020 aggregate 

production quotas and the years to 

follow. 


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