International Trade Commission 2007 – Federal Register Recent Federal Regulation Documents

Following receipt of a request from the United States Trade Representative (USTR) on March 30, 2007, the Commission instituted investigation No. TA-2104-025, U.S.-Panama Trade Promotion Agreement: Potential Economy-wide and Selected Sectoral Effects, under Sec. 2104(f) of the Trade Act of 2002 (19 U.S.C. 3804(f)), for the purpose of assessing the likely impact of the U.S.-Panama Trade Promotion Agreement (TPA) on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 7, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 3M Company and 3M Innovative Properties Company of St. Paul, Minnesota. A letter supplementing the complaint was filed on March 27, 2007. On April 11, 2007, the complainants filed an amended complaint. A letter supplementing the amended complaint was filed on April 17, 2007. The amended complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain rechargeable lithium-ion batteries, components thereof, and products containing same by reason of infringement of U.S. Patent Nos. 6,964,828 and 7,078,128. The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has determined to further extend the target date for completion of the above-captioned investigation by seventeen (17) days to May 25, 2007.

Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion to terminate the above-captioned investigation based on settlement.

Following receipt of a request on March 15, 2007 from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) and in accordance with section 103 of the North American Free Trade Agreement (NAFTA) Implementation Act (19 U.S.C. 3313), the Commission instituted Investigation Nos. 332- 490 and NAFTA-103-017, Certain Sugar Goods: Probable Economic Effect of Tariff Elimination under NAFTA for Goods of Mexico.

Following enactment of legislation that amends the African Growth and Opportunity Act (AGOA) to provide for certain determinations by the Commission, the Commission has instituted investigation No. AGOA-07, Commercial Availability of Fabric and Yarns in AGOA Countries, for the purpose of gathering information and making the determinations required through September 30, 2007, with respect to the denim articles identified in the statute.

Following receipt of a request on March 16, 2007, from the Committee on Finance of the United States Senate (Committee), the Commission instituted investigation No. 332-489, U.S. Agricultural Sales to Cuba: Certain Economic Effects of U.S. Restrictions, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)).

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on November 20, 2006, regarding whether there is a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above- captioned investigation. The Commission has also determined to deny respondents' motion for stay of the ALJ's sanctions order.

The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is May 22, 2007. Comments on the adequacy of responses may be filed with the Commission by June 15, 2007. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

Notice is hereby given that the U.S. International Trade Commission has determined not to review the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on December 4, 2006, regarding whether there is a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 16, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Microsoft Corporation of Redmond, Washington. A supplemental letter was filed on March 9, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain unified communications systems, products used with such systems, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,421,439, 6,430,289, 6,263,064, and 6,728,357. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.

The U.S. International Trade Commission is adopting as a final rule the proposed rulemaking that revised certain provisions of the agency's rules for investigations and related proceedings under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) to provide for services of certain Commission documents by overnight delivery and provide one additional day to respond to Commission documents served by overnight delivery. These rules will ensure effective service of Commission documents on private parties in section 337 investigations and related proceedings.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') in the above-captioned investigation granting complainants'' motion for summary determination that a domestic industry exists and that there is a violation of section 337. The Commission has also issued a briefing schedule for submissions on remedy, the public interest, and bonding.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 4) issued by the presiding administrative law judge (``ALJ'') granting complainant's consent motion to amend the complaint and notice of investigation.

Following receipt of a request on February 16, 2007, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-486, Probable Economic Effect of Providing Duty- Free, Quota-Free Treatment for Imports from Least-Developed Countries, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), for the purpose of providing advice on the probable economic effect of providing duty-free, quota-free treatment (DFQF) for imports from least-developed countries (LDCs) on (i) Industries in the United States producing like or directly competitive products and (ii) on U.S. consumers.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 8, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of SiRF Technology, Inc. of San Jose, California. A supplemental letter was filed on February 22, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain GPS chips, associated software and systems, and products containing same by reason of infringement of U.S. Patent Nos. 6,304,216; 7,043,363; 7,091,904; and 7,132,980. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 29, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Renesas Technology Corp., of Tokyo, Japan. A supplemental letter was filed on February 16, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain dynamic random access memory devices and products containing same by reason of infringement of U.S. Patent Nos. 7,115,344 and 7,116,128. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the antidumping duty orders on welded large diameter line pipe from Japan and Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

The title of the investigation as published in the Federal Register on February 9, 2007 (72 FR 7455) suggests that the Commission will provide advice limited to the probable economic effect of modification of certain rules of origin in the Dominican Republic- Central America-United States Free Trade Agreement for certain apparel goods of Costa Rica and the Dominican Republic only. However, the text of the notice indicates that the Commission will provide such advice with respect to the probable economic effect of modification of the rules of origin on such apparel goods of all the parties to the agreement. The Commission's intent to is provide the broader advice. Accordingly, the title of the investigation is amended to delete ``of Costa Rica and the Dominican Republic.'' To allow additional time for any interested parties who may have been confused by the title, the Commission has extended the deadline for filing written submissions in this investigation from March 2, 2007 to March 16, 2007. All other information in the notice published on February 9, 2007, including with respect to Commission contacts, background information, and requirements for submitting written statements (except for the deadline) remains the same.

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on automotive replacement glass windshields from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is April 20, 2007. Comments on the adequacy of responses may be filed with the Commission by May 14, 2007. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

Notice is hereby given that the U.S. International Trade Commission has determined to remand the final initial determination (``final ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in the above-captioned investigation and to extend the target date for completion of the investigation to October 19, 2007.