2694 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices 

of contents when the document 

addresses multiple issues. 

Confidential Business Information: 

Any submissions that contain 

confidential business information must 

also conform to the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information is clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

As requested by the USTR, the 

Commission will not include any 

confidential business information in its 

report. However, all information, 

including confidential business 

information, submitted in 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 for 

cybersecurity purposes. The 

Commission will not otherwise disclose 

any confidential business information in 

a way that would reveal the operations 

of the firm supplying the information. 

Summaries of Written Submissions: 

Persons wishing to have a summary of 

their position included in the report that 

the Commission sends to the USTR 

should include a summary with their 

written submission and should mark the 

summary as having been provided for 

that purpose. The summary should be 

clearly marked as ‘‘summary for 

inclusion in the report’’ at the top of the 

page. The summary may not exceed 500 

words, should be in MS Word format or 

a format that can be easily converted to 

MS Word, and should not include any 

confidential business information. The 

summary will be published as provided 

if it meets these requirements and is 

germane to the subject matter of the 

investigation. The Commission will list 

the name of the organization furnishing 

the summary and will include a link to 

the Commission’s Electronic Document 

Information System (EDIS) where the 

full written submission can be found. 

By order of the Commission. 

Issued: January 8, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–00565 Filed 1–12–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 332–583] 

Cucumbers: Effect of Imports on U.S. 

Seasonal Markets, With A Focus on the 

U.S. Southeast 

ACTION: Notice of investigation and 

scheduling of a public hearing. 

SUMMARY: Following receipt on 

December 7, 2020, of a request from the 

U.S. Trade Representative (USTR), 

under section 332(g) of the Tariff Act of 

1930, the U.S. International Trade 

Commission (Commission) instituted 

Investigation No. 332–583, Cucumbers: 

Effect of Imports on U.S. Seasonal 

Markets, with a Focus on the U.S. 

Southeast. The USTR asked that the 

investigation cover all imports that fall 

within the product description of U.S. 

Harmonized Tariff Schedule subheading 

0707.00 (cucumbers, including 

gherkins, fresh or chilled). 

DATES: 

March 25, 2021: Deadline for filing 

requests to appear at the public hearing. 

March 29, 2021: Deadline for filing 

prehearing briefs and statements. 

April 1, 2021: Deadline for filing 

electronic copies of oral hearing 

statements. 

April 8, 2021: Public hearing. 

April 15, 2021: Deadline for filing 

post-hearing briefs and statements. 

April 27, 2021: Deadline for filing all 

other written submissions. 

December 7, 2021: Transmittal of 

Commission report to the USTR. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the U.S. 

International Trade Commission 

Building, 500 E Street SW, Washington, 

DC. All written submissions should be 

addressed to the Secretary, U.S. 

International Trade Commission, 500 E 

Street SW, Washington, DC 20436. The 

public record for this investigation may 

be viewed on the Commission’s 

electronic docket (EDIS) at https://

edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Project Leader Lesley Ahmed 

(lesley.ahmed@usitc.gov or 202–205– 

3459), or Deputy Project Leader Kelsi 

Van Veen (202–708–3086 or 

kelsi.vanveen@usitc.gov) for information 

specific to these investigations. For 

information on the legal aspects of this 

investigation, contact William Gearhart 

of the Commission’s Office of the 

General Counsel (202–205–3091 or 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205– 

1819 or margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

website (https://www.usitc.gov). 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. 

Background: As requested by the 

USTR, the Commission in its report will 

focus on the effect of imports on the 

domestic seasonal markets of 

cucumbers, including gherkins, with a 

particular focus on production and 

competitiveness of such products grown 

in the Southeastern United States. In 

particular, the USTR asked that the 

report: 

(1) Include information on recent 

trends in trade in these products 

between the United States and its 

trading partners, including information 

on seasonal patterns of trade; 

(2) include descriptions of monthly 

price trends for these products in the 

United States, including an analysis and 

comparison of the prices of domestically 

produced and imported products in the 

U.S. market; and 

(3) focus primarily on the 2015–2020 

time period. 

The USTR requested that the 

Commission transmit its report no later 

than 12 months following receipt of this 

request. In his request letter, the USTR 

stated that his office intends to make the 

Commission’s report available to the 

public in its entirety and asked that the 

Commission not include any 

confidential business information. 

Public Hearing: A public hearing in 

connection with this investigation will 

be held beginning at 9:30 a.m. on April 

8, 2021, using a videoconference 

platform. More detailed information 

about the hearing, including how to 

participate, will be posted on the 

Commission’s website at (https://

usitc.gov/research_and_analysis/what_

we_are_working_on.htm). Once on that 

web page, scroll down to Investigation 

No. 332–583, Cucumbers: Effect of 

Imports on U.S. Seasonal Markets, with 

a Focus on the U.S. Southeast, and click 

on the link to ‘‘Hearing Information.’’ 

Interested parties should check the 

Commission’s website periodically for 

updates. 

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices 2695 

Requests to appear at the public 

hearing should be filed with the 

Secretary no later than 5:15 p.m., March 

25, 2021, in accordance with the 

requirements in the ‘‘Written 

Submissions’’ section below. All 

prehearing briefs and statements should 

be filed not later than 5:15 p.m., March 

29, 2021. To facilitate the hearing, 

including the preparation of an accurate 

written transcript of the hearing, oral 

testimony to be presented at the hearing 

must be submitted to the Commission 

electronically no later than noon, April 

1, 2021. All post-hearing briefs and 

statements should be filed no later than 

5:15 p.m., April 15, 2021. Post-hearing 

briefs and statements should address 

matters raised at the hearing. For a 

description of the different types of 

written briefs and statements, see the 

‘‘Definitions’’ section below. 

In the event that, as of the close of 

business on March 25, 2021, no 

witnesses are scheduled to appear at the 

hearing, the hearing will be canceled. 

Any person interested in attending the 

hearing as an observer or nonparticipant 

should check the Commission website 

in the preceding paragraph for 

information concerning whether the 

hearing will be held. 

Written Submissions: In lieu of or in 

addition to participating in the hearing, 

interested parties are invited to file 

written submissions concerning this 

investigation. All written submissions 

should be addressed to the Secretary, 

and should be received not later than 

the dates provided for in this notice. All 

written submissions must conform to 

the provisions of section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8), as 

temporarily amended by 85 FR 15798 

(March 19, 2020). Under that rule 

waiver, the Office of the Secretary will 

accept only electronic filings at this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding electronic filing should 

contact the Office of the Secretary, 

Docket Services Division (202–205– 

1802), or consult the Commission’s 

Handbook on Filing Procedures. 

Definitions of Types of Documents 

That May be Filed; Requirements: In 

addition to requests to appear at the 

hearing, this notice provides for the 

possible filing of four types of 

documents: prehearing briefs, oral 

hearing statements, post-hearing briefs, 

and other written submissions. 

(1) Prehearing briefs refers to written 

materials relevant to the investigation 

and submitted in advance of the 

hearing, and includes written views on 

matters that are the subject of the 

investigation, supporting materials, and 

any other written materials that you 

consider will help the Commission in 

understanding your views. You should 

file a prehearing brief particularly if you 

plan to testify at the hearing on behalf 

of an industry group, company, or other 

organization, and wish to provide 

detailed views or information that will 

support or supplement your testimony. 

(2) Oral hearing statements 

(testimony) refers to the actual oral 

statement that you intend to present at 

the public hearing. Do not include any 

confidential business information in 

that statement. If you plan to testify, you 

must file a copy of your oral statement 

by the date specified in this notice. This 

statement will allow Commissioners to 

understand your position in advance of 

the hearing and will also assist the court 

reporter in preparing an accurate 

transcript of the hearing (e.g., names 

spelled correctly). 

(3) Post-hearing briefs refers to 

submissions filed after the hearing by 

persons who appeared at the hearing. 

Such briefs: (a) Should be limited to 

matters that arose during the hearing, (b) 

should respond to any Commissioner 

and staff questions addressed to you at 

the hearing, (c) should clarify, amplify, 

or correct any statements you made at 

the hearing, and (d) may, at your option, 

address or rebut statements made by 

other participants in the hearing. 

(4) Other written submissions refer to 

any other written submissions that 

interested persons wish to make, 

regardless of whether they appeared at 

the hearing, and may include new 

information or updates of information 

previously provided. 

There is no standard format that briefs 

or other written submissions must 

follow. However, each such document 

must identify on its cover (1) the type 

of document filed (i.e., prehearing brief, 

oral statement of (name), post-hearing 

brief, or written submission), (2) the 

name of the person or organization 

filing it, and (3) whether it contains 

confidential business information (CBI). 

If it contains CBI, it must comply with 

the marking and other requirements set 

out below in this notice relating to CBI. 

Submitters of written documents (other 

than oral hearing statements) are 

encouraged to include a short summary 

of their position or interest at the 

beginning of the document, and a table 

of contents when the document 

addresses multiple issues. 

Confidential Business Information: 

Any submissions that contain 

confidential business information must 

also conform to the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information is clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

As requested by the USTR, the 

Commission will not include any 

confidential business information in its 

report. However, all information, 

including confidential business 

information, submitted in 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 for 

cybersecurity purposes. The 

Commission will not otherwise disclose 

any confidential business information in 

a way that would reveal the operations 

of the firm supplying the information. 

Summaries of Written Submissions: 

Persons wishing to have a summary of 

their position included in the report that 

the Commission sends to the USTR 

should include a summary with their 

written submission and should mark the 

summary as having been provided for 

that purpose. The summary should be 

clearly marked as ‘‘summary for 

inclusion in the report’’ at the top of the 

page. The summary may not exceed 500 

words, should be in MS Word format or 

a format that can be easily converted to 

MS Word, and should not include any 

confidential business information. The 

summary will be published as provided 

if it meets these requirements and is 

germane to the subject matter of the 

investigation. The Commission will list 

the name of the organization furnishing 

the summary and will include a link to 

the Commission’s Electronic Document 

Information System (EDIS) where the 

full written submission can be found. 

By order of the Commission. 

2696 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices 

Issued: January 8, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–00535 Filed 1–12–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–567 (Advisory 

Opinion Proceeding 2)] 

Certain Foam Footwear; Institution of 

an Advisory Opinion Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

an advisory opinion proceeding in the 

above-captioned investigation. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, 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, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the underlying 

investigation on May 11, 2006, based on 

a complaint, as amended, filed by Crocs, 

Inc. (‘‘Crocs’’) of Niwot, Colorado. 71 FR 

27514–15 (May 11, 2006). The 

complaint alleged, inter alia, violations 

of section 337 of the Tariff Act of 1930, 

as amended (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 foam footwear, by reason of 

infringement of claims 1–2 of U.S. 

Patent No. 6,993,858 (‘‘the ’858 patent’’) 

and U.S. Patent No. D517,789 (‘‘the ’789 

patent’’). The notice of investigation 

named several respondents, including 

Double Diamond Distribution Ltd. 

(‘‘Double Diamond’’) of Saskatoon, 

Canada. 

On July 25, 2008, the Commission 

issued a final determination finding no 

violation of section 337 based on noninfringement and failure to satisfy the 

technical prong of the domestic industry 

requirement with respect to the ’789 

patent, and based on invalidity of the 

’858 patent as obvious under 35 U.S.C. 

103. 73 FR 45073–74 (Aug. 1, 2008). On 

July 15, 2011, after an appeal to the U.S. 

Court of Appeals for the Federal Circuit 

and subsequent remand vacating the 

Commission’s previous finding of no 

violation, the Commission found a 

violation of section 337 based on 

infringement of the asserted claims of 

the patents and issued a general 

exclusion order (‘‘GEO’’) and, inter alia, 

a cease and desist order (‘‘CDO’’) 

directed against Double Diamond. 76 FR 

43723–24 (July 21, 2011). 

On March 28, 2020, the ’789 patent 

expired, so the GEO and CDO are now 

only directed to articles that infringe 

one or more of claims 1 and 2 of the 

’858 patent. Subsequently, on December 

8, 2020, Double Diamond petitioned for 

institution of an expedited advisory 

opinion proceeding to determine 

whether its Original Beach DAWGSTM

shoes with plastic washers are covered 

by the GEO or CDO. On December 18, 

2020, Crocs opposed Double Diamond’s 

petition for an expedited advisory 

opinion proceeding. On December 22, 

2020, Double Diamond moved for leave 

to file a reply to Crocs’ opposition. 

The Commission has determined that 

Double Diamond’s petition complies 

with the requirements for institution of 

an advisory opinion proceeding under 

Commission Rule 210.79 to determine 

whether its Original Beach DAWGSTM

shoes with plastic washers fall within 

the scope of the GEO or CDO. 

Accordingly, the Commission has 

determined to institute an advisory 

opinion proceeding and refer it to the 

Office of the General Counsel. The 

parties will furnish the Office of the 

General Counsel with information as 

requested in the accompanying order, 

and the Commission will issue an 

advisory opinion within ninety (90) 

days of the date of publication of this 

notice in the Federal Register. The 

following entities are named as parties 

to the proceeding: (1) Double Diamond 

and (2) Crocs. The Commission has 

determined to grant Double Diamond’s 

motion for leave to file a reply to Crocs’ 

opposition. 

The Commission vote for this 

determination took place on January 7, 

2021. 

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: January 7, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–00477 Filed 1–12–21; 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: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the International Trade Commission has 

received a complaint entitled Certain 

Wireless Communications Equipment 

and Components Thereof, DN 3522; 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 

EDIS3Help@usitc.gov. 

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 

Samsung Electronics Co., Ltd. and 

Samsung Electronics America, Inc. on 

January 7, 2021. 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 wireless communications 

equipment and components thereof. The