45678 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

1Handbook for Electronic Filing Procedures: 

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

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

Fitness Systems, Inc. on September 4, 

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 strength-training systems and 

components thereof. The complaint 

names as respondents: TuffStuff Fitness 

International, Inc., of Chino, CA; and 

Shandong Relax Health Industry Co. 

Ltd. of China. 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. 3338) in a 

prominent place on the cover page and/ 

or the first page. (See Handbook for 

Electronic 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 

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,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

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

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: September 4, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–19500 Filed 9–7–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

The Appointment of the Commission’s 

Administrative Law Judges for Section 

337 Investigations 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission’s administrative law judges 

(‘‘ALJs’’) have been appointed in 

conformance with the Appointments 

Clause of the U.S. Constitution and with 

the Tariff Act. 

FOR FURTHER INFORMATION CONTACT: 

Sidney A. Rosenzweig, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2532. General information 

concerning the Commission may also be 

obtained by accessing its internet server 

at http://www.usitc.gov. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the Commission 

TDD terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: Section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), provides for 

certain determinations to be ‘‘made on 

the record after notice and opportunity 

for a hearing in conformity with the 

provisions of subchapter II of chapter 5 

of title 5.’’ 19 U.S.C. 1337(c). Pursuant 

to subchapter II of chapter 5 of title 5, 

the Commission employs ALJs to 

conduct formal adjudications and to 

make initial and recommended 

determinations. 5 U.S.C. 556–557; 19 

CFR 210.3 (‘‘administrative law judge’’). 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45679 

Pursuant to section 331 of the Tariff Act, 

19 U.S.C. 1331, the Chairman of the 

Commission has the authority to 

‘‘appoint and fix the compensation of 

such employees of the Commission as 

he deems necessary,’’ including ALJs. 

19 U.S.C. 1331(a)(1)(A)(1). Any such 

decision by the Chairman, however, is 

‘‘subject to disapproval by a majority 

vote of all the commissioners in office.’’ 

Id. § 1331(a)(1)(C). The hiring of the 

Commission’s ALJs has been in 

conformity with Titles 5 and 19 of the 

U.S. Code, as well as with such 

regulations as were then in force by the 

Office of Personnel Management, 5 CFR 

930.201–.211. 

The Appointments Clause of the 

Constitution, art. II, § 2, cl. 2, provides, 

in relevant part, that Congress may vest 

the appointment of inferior officers ‘‘in 

the Heads of Departments.’’ In the past 

two years, there have been legal 

developments concerning the 

Appointments Clause. These 

developments have included the 2016 

decision of the U.S. Court of Appeals for 

the Tenth Circuit finding ALJs of the 

Securities and Exchange Commission 

(‘‘SEC’’) to be ‘‘inferior officers’’ for the 

purpose of the Appointments Clause, 

Bandimere v. SEC, 844 F.3d 1168, 1188 

(10th Cir. 2016), reh’g en banc denied 

(May 3, 2017). In 2018, the Supreme 

Court decided that the ALJs of the SEC 

are inferior officers whose appointments 

were to be made by SEC and not by the 

SEC’s staff. Lucia v. SEC, 138 S. Ct. 

2044, 2053–54 (2018); see Free 

Enterprise Fund v. Public Company 

Accounting Oversight Bd., 561 U.S. 477, 

512 (2010). 

The hiring of the Commission’s ALJs 

is, and has been, consistent with the 

Appointments Clause and with the 

Commission’s organic statute. 

Throughout at least the period of time 

between the hiring of the most-senior 

ALJ at the Commission (Chief Judge 

Bullock) until the present, the 

appointment of ALJs has been made by 

the Chairman, and no Commissioner has 

initiated a vote to disapprove the 

appointment of an ALJ, as is the 

Commissioner’s right under 19 U.S.C. 

1331(a)(1)(C). Out of an abundance of 

caution, on March 14 and 15, 2018, the 

Commission (then-Chairman 

Schmidtlein, joined by then-Vice 

Chairman Johanson, and Commissioners 

Williamson and Broadbent) voted, by 

notational voting, to ratify the earlier 

appointments of Judges Bullock, Lord, 

McNamara, Pender and Shaw. Also out 

of an abundance of caution, on February 

8, 2018, the Commission voted, by 

notational voting, in connection with 

Judge Cheney’s original appointment. 

Accordingly, the Commission’s ALJs 

have all been appointed and/or ratified 

in conformance with the Constitution, 

and all applicable statutes and 

regulations. In addition, by this Notice, 

the Commission reiterates its approval 

of the appointments of Judges Bullock, 

Cheney, Lord, McNamara, Pender, and 

Shaw as its own under the Constitution. 

By order of the Commission. 

Issued: September 5, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–19584 Filed 9–7–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–18–041] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: September 12, 2018 at 

11:00 a.m. 

PLACE: Room 101, 500 E Street SW, 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Vote on Inv. No. 731–TA–1189 

(Review)(Large Power Transformers 

from Korea). The Commission is 

currently scheduled to complete 

and file its determination and views 

of the Commission by September 

26, 2018. 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: September 5, 2018. 

William Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2018–19703 Filed 9–6–18; 4:15 pm] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1053] 

Certain Two-Way Radio Equipment and 

Systems, Related Software and 

Components Thereof; Commission 

Determination To Review in Part an 

Initial Determination Finding a 

Violation of Section 337 and Order 

Nos. 38 and 47; To Request Written 

Submissions on Remedy, Bonding, 

and the Public Interest; and To Extend 

the Target Date 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to reviewin-part a final initial determination 

(‘‘ID’’) of the presiding administrative 

law judge (‘‘ALJ’’) finding a violation of 

section 337 and the ALJ’s Order Nos. 38 

and 47. The Commission is requesting 

written submissions on remedy, 

bonding, and the public interest 

including submissions in response to 

certain questions directed to the public 

interest. The Commission has also 

extended the target date for completion 

of the investigation to November 16, 

2018. 

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 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 May 3, 2017, based on a complaint 

filed on behalf of Motorola Solutions, 

Inc. (‘‘Motorola’’) of Chicago, Illinois. 82 

FR 20635–36. The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 


daltland on DSKBBV9HB2PROD with NOTICES