In the Matter of Certain Foam Masking Tape; Notice of Issuance of General Exclusion Order and Termination of Investigation, 66849-66850 [05-21950]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Notices
Any such application must be made no
later than 21 days after publication of
this notice in the Federal Register.
Authorized applicants must represent
interested parties, as defined in 19
U.S.C. 1677(9), who are parties to this
proceeding. Parties that are currently
subject to the APO issued in
Investigation No. 701–TA–431 by virtue
of their participation in the litigation
before the Court of International Trade
in Hynix Semiconductor Inc. v. United
States, Ct. No. 03–652, need not file a
new APO application in this
proceeding. The Secretary will maintain
a separate service list for those parties
authorized to receive BPI under the
APO.
Limitations on the scope of this
proceeding. This proceeding is being
conducted in order for the Commission
to make a determination that would
render its action in DRAMs and DRAM
Modules from Korea, Investigation No.
701–TA–431, not inconsistent with the
findings of the WTO dispute settlement
panel. Thus, this proceeding only
involves issues related to the WTO
dispute settlement findings and does
not involve issues that were not in
dispute in the WTO proceeding or on
which the WTO dispute settlement
panel found the United States in
conformity with its obligations under
the WTO. As discussed above, the only
issue on which the WTO dispute
settlement panel found the
Commission’s injury determination
inconsistent with the ASCM pertained
to the question of whether the
Commission attributed to the subject
imports any injury that may have been
caused by declines in demand. Any
material in the parties’ submissions that
contains new factual information or that
addresses any issue beyond the scope of
this proceeding will be disregarded.
Written Submissions. The
Commission is not reopening the record
in this proceeding for submission of
new factual information. The
Commission will, however, permit the
parties to file comments and rebuttal
comments pertaining to the issue that is
within the scope of this proceeding. The
deadline for filing comments is
December 5, 2005. Comments shall be
limited to no more than forty (40)
double-spaced and single-sided pages of
textual material. The deadline for filing
rebuttal comments is December 19,
2005. Rebuttal comments shall be
limited to no more than twenty (20)
double-spaced and single sided pages of
textual material.
Any material in the parties’
submissions that contains new factual
information or that addresses any issue
VerDate Aug<31>2005
18:27 Nov 02, 2005
Jkt 208001
beyond the scope of this proceeding will
be disregarded.
All written submissions must conform
with the provisions of section 201.8 of
the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
rules do not authorize filing of
submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the Commission’s rules, as amended, 67
FR 68036 (November 8, 2002).
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.
The Commission has concluded that,
because it is not reopening the record,
conducting a hearing is inappropriate in
this proceeding.
Issued: October 31, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–21949 Filed 11–2–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–528]
In the Matter of Certain Foam Masking
Tape; Notice of Issuance of General
Exclusion Order and Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Having found a violation of
section 337 of the Tariff Act of 1930, 19
U.S.C. 1337, notice is hereby given that
the U.S. International Trade
Commission has issued a general
exclusion order and terminated the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT:
Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
205–3095. Copies of all nonconfidential
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.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
66849
International Trade Commission, 500 E
Street, SW., Washington, DC 20436,
telephone 202–205–2000. General
information concerning the Commission
may be obtained by accessing its
Internet server (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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: This
patent-based section 337 investigation
was instituted by the Commission based
on a complaint filed by 3M Company,
3M Innovative Properties Company, and
Mr. Jean Silvestre (collectively, ‘‘3M’’),
which was subsequently amended. 70
FR 386 (Jan. 4, 2005). The complaint, as
amended, alleged a violation of section
337 of the Tariff Act of 1930 in the
importation into the United States, the
sale for importation and/or sale within
the United States after importation, of
certain foam masking tape by reason of
infringement of certain claims of U.S.
Patents Nos. 4,996,092 (‘‘the ‘092
patent’’) and 5,260,097 (‘‘the ‘097
patent’’). The notice of investigation
named 13 respondents.
On February 10, 2005, 3M filed a
motion to amend the complaint and
notice of investigation to add two
respondents. On March 1, 2005, the
administrative law judge (‘‘ALJ’’) issued
an initial determination (‘‘ID’’) (Order
No. 14) granting the motion. No party
petitioned for review. On March 29,
2005, the Commission issued a notice of
its determination not to review the ID.
Between February and June of 2005,
the investigation was terminated as to
14 of the 15 respondents on the basis of
settlement agreements and consent
orders, or based on consent orders
alone. With respect to Jevtec, Ltd.—the
sole respondent as to which the
investigation was not terminated—3M
moved on May 17, 2005, for an order
directing Jevtec to show cause why it
should not be found in default for
failure to respond to the amended
complaint and notice of investigation.
3M also requested the issuance of an ID
finding Jevtec in default if Jevtec failed
to show such cause.
On May 26, 2005, 3M moved for a
summary determination of a violation of
section 337. On June 6, 2005, the
Commission investigative attorney
(‘‘IA’’), filed a response in support of the
motion for summary determination.
On June 7, 2005, the ALJ issued Order
No. 36, ordering Jevtec to show cause
why it should not be held in default no
E:\FR\FM\03NON1.SGM
03NON1
66850
Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Notices
later than June 14, 2005. Jevtec did not
file a response to the order, an answer
to the complaint, or a notice of
appearance within the time permitted.
On June 15, 2005, the ALJ issued an
ID (Order No. 39) finding Jevtec in
default. No party petitioned for review
of the ID. On July 11, 2005, the
Commission determined not to review
that initial determination.
On June 21, 2005, the ALJ issued an
ID (Order No. 41), granting 3M’s motion
for a summary determination of a
violation of section 337. The ID notes
that only the ‘‘097 patent is at issue in
the summary determination, because the
investigation has been terminated with
respect to all respondents charged with
infringement of the ‘‘092 patent. No
party petitioned for review of the ID.
In Order No. 41, the ALJ
recommended the issuance of a general
exclusion order. He also recommended
that the bond permitting temporary
importation during the Presidential
review period be set at 100 percent of
the value of the infringing imported
product.
On July 15, 2005, the Commission
determined not to review the ALJ’s
summary determination that 3M has
shown that there is a violation of section
337. It also issued a Federal Register
notice, inviting written submissions on
the ALJ’s recommended determination
on remedy and bonding as well as
submissions on the public interest.
On July 25, 2005, the Commission
received comments from complainant
3M and the IA. No reply submissions
were received.
Having examined the relevant
portions of the record, including ALJ
Order No. 41, and the written
submissions on remedy, the public
interest and bonding, the Commission
has determined to issue a general
exclusion order prohibiting unlicensed
entry for consumption of foam masking
tape that is covered by claims 1, 7, 8, 10,
11, 13, 14 or 16 of the ‘097 patent. In
so doing the Commission determined
that the public interest factors
enumerated in section 337(d) do not
preclude the issuance of the
aforementioned remedial order and the
bond during the Presidential review
period shall be 100 percent of the
entered value of the article in question.
The Commission’s order was delivered
to the President and the United States
Trade Representative on the day of its
issuance.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, 19 U.S.C. 1337, and §§ 210.42
and 210.50 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.42
and 210.50.
VerDate Aug<31>2005
18:27 Nov 02, 2005
Jkt 208001
By order of the Commission.
Issued: October 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–21950 Filed 11–2–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–718 (Second
Review)]
Glycine From China
Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the
Act), that revocation of the antidumping
duty order on glycine from China would
be likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
Background
The Commission instituted this
review on June 1, 2005 (70 FR 31534)
and determined on September 7, 2005
that it would conduct an expedited
review (70 FR 55625, September 22,
2005).
The Commission transmitted its
determination in this review to the
Secretary of Commerce on October 31,
2005. The views of the Commission are
contained in USITC Publication 3810
(October 2005), entitled Glycine from
China: Investigation No. 731–TA–718
(Second Review).
By order of the Commission.
Issued: October 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–21951 Filed 11–2–05; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
30-day notice of information
collection under review: Identification
Markings Placed on Firearms.
ACTION:
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) has submitted the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register
Volume 70, Number 146, page 44117 on
August 1, 2005, allowing for a 60 day
comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until December 5, 2005. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–5806. Written comments and
suggestions from the public and affected
agencies concerning the proposed
collection of information are
encouraged. Your comments should
address one or more of the following
four points:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66849-66850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21950]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-528]
In the Matter of Certain Foam Masking Tape; Notice of Issuance of
General Exclusion Order and Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Having found a violation of section 337 of the Tariff Act of
1930, 19 U.S.C. 1337, notice is hereby given that the U.S.
International Trade Commission has issued a general exclusion order and
terminated the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3095. Copies of all
nonconfidential 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 be obtained by accessing its Internet server (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 the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation
was instituted by the Commission based on a complaint filed by 3M
Company, 3M Innovative Properties Company, and Mr. Jean Silvestre
(collectively, ``3M''), which was subsequently amended. 70 FR 386 (Jan.
4, 2005). The complaint, as amended, alleged a violation of section 337
of the Tariff Act of 1930 in the importation into the United States,
the sale for importation and/or sale within the United States after
importation, of certain foam masking tape by reason of infringement of
certain claims of U.S. Patents Nos. 4,996,092 (``the `092 patent'') and
5,260,097 (``the `097 patent''). The notice of investigation named 13
respondents.
On February 10, 2005, 3M filed a motion to amend the complaint and
notice of investigation to add two respondents. On March 1, 2005, the
administrative law judge (``ALJ'') issued an initial determination
(``ID'') (Order No. 14) granting the motion. No party petitioned for
review. On March 29, 2005, the Commission issued a notice of its
determination not to review the ID.
Between February and June of 2005, the investigation was terminated
as to 14 of the 15 respondents on the basis of settlement agreements
and consent orders, or based on consent orders alone. With respect to
Jevtec, Ltd.--the sole respondent as to which the investigation was not
terminated--3M moved on May 17, 2005, for an order directing Jevtec to
show cause why it should not be found in default for failure to respond
to the amended complaint and notice of investigation. 3M also requested
the issuance of an ID finding Jevtec in default if Jevtec failed to
show such cause.
On May 26, 2005, 3M moved for a summary determination of a
violation of section 337. On June 6, 2005, the Commission investigative
attorney (``IA''), filed a response in support of the motion for
summary determination.
On June 7, 2005, the ALJ issued Order No. 36, ordering Jevtec to
show cause why it should not be held in default no
[[Page 66850]]
later than June 14, 2005. Jevtec did not file a response to the order,
an answer to the complaint, or a notice of appearance within the time
permitted.
On June 15, 2005, the ALJ issued an ID (Order No. 39) finding
Jevtec in default. No party petitioned for review of the ID. On July
11, 2005, the Commission determined not to review that initial
determination.
On June 21, 2005, the ALJ issued an ID (Order No. 41), granting
3M's motion for a summary determination of a violation of section 337.
The ID notes that only the ``097 patent is at issue in the summary
determination, because the investigation has been terminated with
respect to all respondents charged with infringement of the ``092
patent. No party petitioned for review of the ID.
In Order No. 41, the ALJ recommended the issuance of a general
exclusion order. He also recommended that the bond permitting temporary
importation during the Presidential review period be set at 100 percent
of the value of the infringing imported product.
On July 15, 2005, the Commission determined not to review the ALJ's
summary determination that 3M has shown that there is a violation of
section 337. It also issued a Federal Register notice, inviting written
submissions on the ALJ's recommended determination on remedy and
bonding as well as submissions on the public interest.
On July 25, 2005, the Commission received comments from complainant
3M and the IA. No reply submissions were received.
Having examined the relevant portions of the record, including ALJ
Order No. 41, and the written submissions on remedy, the public
interest and bonding, the Commission has determined to issue a general
exclusion order prohibiting unlicensed entry for consumption of foam
masking tape that is covered by claims 1, 7, 8, 10, 11, 13, 14 or 16 of
the `097 patent. In so doing the Commission determined that the public
interest factors enumerated in section 337(d) do not preclude the
issuance of the aforementioned remedial order and the bond during the
Presidential review period shall be 100 percent of the entered value of
the article in question. The Commission's order was delivered to the
President and the United States Trade Representative on the day of its
issuance.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and Sec. Sec. 210.42 and 210.50 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.42 and
210.50.
By order of the Commission.
Issued: October 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21950 Filed 11-2-05; 8:45 am]
BILLING CODE 7020-02-P
