238 Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / 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. 

to the docket number (‘‘Docket No. 

3578’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during 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 filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

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,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)). 

Issued: December 29, 2021. 

William Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2021–28500 Filed 1–3–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1255] 

Notice of Request for Submissions on 

the Public Interest; Certain Apparatus 

and Methods of Opening Containers 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that, 

on December 20, 2021, the presiding 

chief administrative law judge (‘‘CALJ’’) 

issued an Initial Determination Granting 

Complainant’s Motion for Summary 

Determination Under Section 337 of the 

Tariff Act of 1930, as Amended, which 

includes a recommended determination 

on remedy and bonding should a 

violation be found in the abovecaptioned investigation. The 

Commission is soliciting submissions 

on public interest issues raised by the 

recommended relief should the 

Commission find a violation. This 

notice is soliciting comments from the 

public only. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Hadorn, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3179. 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: Section 

337 of the Tariff Act of 1930 provides 

that, if the Commission finds a 

violation, it shall exclude the articles 

concerned from the United States: 

unless, after considering the effect of such 

exclusion upon the public health and 

welfare, competitive conditions in the United 

States economy, the production of like or 

directly competitive articles in the United 

States, and United States consumers, it finds 

that such articles should not be excluded 

from entry. 

19 U.S.C. 1337(d)(1). 

The Commission is soliciting 

submissions on public interest issues 

raised by the recommended relief 

should the Commission find a violation, 

specifically: A general exclusion order 

directed to certain apparatus and 

methods of opening containers that are 

imported, sold for importation, and/or 

sold after importation that infringe 

claim 12 of U.S. Patent No. 10,519,016. 

Parties are to file public interest 

submissions pursuant to 19 CFR 

210.50(a)(4). 

The Commission is interested in 

further development of the record on 

the public interest in this investigation. 

Accordingly, members of the public are 

invited to file submissions of no more 

than five (5) pages, inclusive of 

attachments, concerning the public 

interest in light of the CALJ’s 

recommended relief set forth in the 

Initial Determination Granting 

Complainant’s Motion for Summary 

Determination Under Section 337 of the 

Tariff Act of 1930, as Amended, issued 

in this investigation on December 20, 

2021. Comments should address 

whether issuance of the recommended 

remedial order in this investigation, 

should the Commission find a violation, 

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 recommended 

remedial order are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the recommended order; 

(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 thirdparty suppliers have the capacity to 

replace the volume of articles 

potentially subject to the recommended 

order within a commercially reasonable 

time; and 

(v) explain how the recommended 

order would impact consumers in the 

United States. 


tkelley on DSK125TN23PROD with NOTICE 
Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Notices 239 

Written submissions from the public 

must be filed no later than by close of 

business on January 20, 2022. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 (Mar. 

19, 2020). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1255’’) in a prominent place on 

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

Handbook for Electronic Filing 

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

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 by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. A redacted nonconfidential version of the document 

must also be filed simultaneously with 

any confidential filing. 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, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. All nonconfidential written 

submissions will be available for public 

inspection 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 Part 210 of the Commission’s Rules 

of Practice and Procedure (19 CFR part 

210). 

Issued: December 29, 2021. 

William Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2021–28502 Filed 1–3–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

United States v. S&P Global Inc., et al.: 

Proposed Final Judgment and 

Competitive Impact Statement 

Notice is hereby given pursuant to the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16(b)–(h), that a proposed 

Final Judgment, Order and Stipulation, 

and Competitive Impact Statement have 

been filed with the United States 

District Court for the District of 

Columbia in United States of America v. 

S&P Global Inc., et al., Civil Action No. 

1:21–cv–03003. On November 12, 2021, 

the United States filed a Complaint 

alleging that (1) S&P’s proposed merger 

with IHS Markit Ltd. would violate 

Section 7 of the Clayton Act, 15 U.S.C. 

18; and (2) the exclusivity and noncompete provisions of IHS Markit’s Data 

License with GasBuddy LLC violate 

Section 1 of the Sherman Act, 15 U.S.C. 

1. The proposed Final Judgment, filed at 

the same time as the Complaint: (1) 

Requires S&P and IHS Markit to divest 

three price reporting agency businesses, 

Oil Price Information Services (OPIS), 

Coals, Metals, and Mining (CMM), and 

PetrochemWire (PCW); (2) requires S&P 

and IHS Markit to waive the exclusivity 

and non-compete provisions of IHS 

Markit’s Data License with GasBuddy; 

and (3) prohibits S&P, IHS Markit, and 

OPIS LLC from entering into, enforcing, 

renewing, or extending the term of any 

similar exclusive or non-compete 

provisions. 

Copies of the Complaint, proposed 

Final Judgment, and Competitive Impact 

Statement are available for inspection 

on the Antitrust Division’s website at 

https://www.justice.gov/atr and at the 

Office of the Clerk of the United States 

District Court for the District of 

Columbia. Copies of these materials may 

be obtained from the Antitrust Division 

upon request and payment of the 

copying fee set by Department of Justice 

regulations. 

Public comment is invited within 60 

days of the date of this notice. Such 

comments, including the name of the 

submitter, and responses thereto, will be 

posted on the Antitrust Division’s 

website, filed with the Court, and, under 

certain circumstances, published in the 

Federal Register. Comments should be 

submitted in English and directed to 

Owen Kendler, Chief, Financial 

Services, Fintech, and Banking Section, 

Antitrust Division, Department of 

Justice, 450 Fifth Street NW, Suite 4000, 

Washington, DC 20530 (email address: 

owen.kendler@usdoj.gov). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

United States District Court 

for the District of Columbia 

United States of America, U.S. Department 

of Justice, Antitrust Division, 450 Fifth Street 

NW, Suite 4000, Washington, DC 20530, 

Plaintiff, v. S&P Global Inc., 55 Water Street, 

New York, NY 10041, and IHS Markit Ltd., 

4th Floor, Ropemaker Place, 25 Ropemaker 

Street, London, United Kingdom, EC2Y 9LY, 

Defendants. 

Civil Action No.: 1:21–cv–3003–JEB 

COMPLAINT 

The United States of America, acting 

under the direction of the Attorney 

General of the United States, brings this 

civil antitrust action against S&P Global 

Inc. (‘‘S&P’’) and IHS Markit Ltd. 

(‘‘IHSM’’) to enjoin S&P’s proposed 

merger with IHSM, to enjoin 

anticompetitive conduct by IHSM, and 

to obtain other equitable relief. The 

United States complains and alleges as 

follows: 

I. Introducton 

1. On November 30, 2020, S&P and 

IHSM announced a merger to combine 

in an all-stock transaction that values 

IHSM at approximately $44 billion. S&P 

and IHSM are both financial and 

commodity information conglomerates, 

providing market data, indices, news, 

and analytical tools to participants in 

various financial and commodity 

markets around the world. 

2. S&P and IHSM operate two of the 

four global price reporting agencies 

(‘‘PRAs’’) and two of the three leading 

PRAs in the United States. S&P provides 

PRA services through its Platts division 

(‘‘Platts’’), while IHSM offers PRA 

services primarily through its Oil Price 

Information Services (‘‘OPIS’’), Coal, 

Metals, and Mining (‘‘CMM’’), and 

PetrochemWire (‘‘PCW’’) businesses. 

3. PRAs provide price assessments, 

news, and analysis related to numerous 

commodity markets around the world. 

PRAs sell their services to commodity 

industry participants (e.g., oil refiners, 

commodities traders, large fuel 

consumers like airlines), that use the 

information to inform supply and 

demand decisions, as a reference for 

price terms in supply contracts, and as 

the basis for settling hedging 

instruments like futures contracts. 


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