Certain Frozen or Canned Warmwater Shrimp and Prawns From Brazil, China, Ecuador, India, Thailand, and Vietnam, 3943-3944 [05-1487]

Download as PDF Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Notices legal description of ‘‘T. 4. N., R 3 E.,’’ to read: ‘‘T. 5 N., R 2 E.,’’. Dated: January 12, 2005. Howard A. Lemm, Deputy State Director, Division of Resources. [FR Doc. 05–1476 Filed 1–26–05; 8:45 am] BILLING CODE 4310–AG–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–494] In the Matter of Certain Automotive Measuring Devices, Products Containing Same, and Bezels for Such Devices; Notice of Issuance of a Limited Exclusion Order and a Cease and Desist Order U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order and a cease and desist order in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–3115. Copies of the public version of the IDs and 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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. General information concerning the Commission may also 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. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 20, 2003, based on a complaint filed by Auto Meter Products, Inc. (‘‘Auto Meter’’) of Sycamore, Illinois. 68 FR 37023. The complaint alleged violations of section 337 of the Tariff Act of 1930 in the importation and sale of certain automotive measuring devices, products containing same, and bezels for such devices, by reason of VerDate jul<14>2003 17:20 Jan 26, 2005 Jkt 205001 infringement of U.S. Registered Trademark Nos. 1,732,643 and 1,497,472, and U.S. Supplemental Register No. 1,903,908, and infringement of the complainant’s trade dress. The complaint alleged that twelve respondents violated section 337. Subsequently, seven more firms were added as respondents. 68 FR 75280 (Dec 30, 2003); 69 FR 2732 (January 20, 2004). The investigation was terminated as to all respondents on the basis of consent orders and/or settlement agreements except as to the following five respondents who have been found in default: Tenzo R, dba Autotech Systems and Accessories, of Santa Clarita, California (‘‘Tenzo’’); Auto Gauge Co., Ltd., of Taipei, Taiwan (‘‘AGT’’); Dynamik Exhaust Industry Co., Ltd., of Taipei, Taiwan (‘‘Dynamik’’); Modern Work, Inc. of Taipei, Taiwan (‘‘Modern Work’’), and LPL Trans Trade Co. of Taipei, Taiwan (‘‘LPL’’) (collectively, ‘‘defaulting respondents’’). Having determined that a violation of section 337 has occurred, and having reviewed the record in this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is (1) a limited exclusion order prohibiting the unlicensed entry of automotive measuring devices and products containing same, and bezels for such devices, that misappropriate Auto Meter’s trade dresses and infringe its trademarks and that are manufactured abroad by or on behalf of, or imported by or on behalf of, the defaulting respondents; and (2) a cease and desist order directed to the U.S. respondent Tenzo. Specifically, the limited exclusion order prohibits the above described importation by respondents AGT and Dynamik with respect to the Logo Trademark, the Auto Gage Trademark, the Super Bezel trademark and trade dress, and the Monster Tachometer trade dress. The limited exclusion order prohibits such importation by respondent Tenzo with respect to the Super Bezel and Monster Tachometer trade dresses. It also prohibits such importation by respondent Modern Work with respect to the Monster Tachometer trade dress, and by respondent LPL with respect to the Super Bezel trade dress. The cease and desist order mandates that the U.S. respondent Tenzo cease and desist from conducting any of the following activities in the United States: importing, selling, advertising, PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 3943 distributing, marketing, consigning, transferring (except for exportation), offering for sale in the United States, and soliciting U.S. agents or distributors for certain automotive measuring devices and products containing same, and bezels for such devices, in violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. The Commission has further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order and the cease and desist order, and that the bond during the Presidential review period shall be in the amount of 100 percent of the entered value of the imported articles. 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 section 210.16 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16). Issued: January 24, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–1486 Filed 1–26–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigations Nos. 731–TA–1063–1068 (Final)] Certain Frozen or Canned Warmwater Shrimp and Prawns From Brazil, China, Ecuador, India, Thailand, and Vietnam Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from Brazil, China, Ecuador, India, Thailand, and Vietnam of certain noncanned warmwater shrimp and prawns, provided for in subheadings 0306.13.00 and 1605.20.10 of the Harmonized Tariff Schedule of the United States (HTSUS), that have been found by the Department of Commerce (Commerce) to be sold in 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)). E:\FR\FM\27JAN1.SGM 27JAN1 3944 Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Notices the United States at less than fair value (LTFV).2 The Commission further determines that an industry in the United States is not materially injured by reason of imports from China, Thailand, and Vietnam of canned warmwater shrimp and prawns, provided for in subheading 1605.20.10 of the HTSUS, that have been found by Commerce to be sold in the United States at LTFV.3 The Commission also determines that imports from Brazil, Ecuador, and India of canned warmwater shrimp and prawns are negligible. Background The Commission instituted these investigations effective December 31, 2003, following receipt of a petition filed with the Commission and Commerce by the Ad Hoc Shrimp Trade Action Committee, Washington, DC; the Versaggi Shrimp Corp., Tampa, FL; and the Indian River Shrimp Co., Chauvin, LA. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of certain frozen or canned warmwater shrimp and prawns from Brazil, China, Ecuador, India, Thailand, and Vietnam were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of August 19, 2004 (69 FR 51472). The hearing was held in Washington, DC, on December 1, 2004, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on January 21, 2005. The views of the Commission are contained in USITC Publication 3748 (January 2005), entitled Certain Frozen or Canned Warmwater Shrimp and Prawns from Brazil, China, 2 The Commission further determines that critical circumstances do not exist with respect to those imports of the subject merchandise from China that were subject to the affirmative critical circumstances determination by the Department of Commerce. 3 Chairman Koplan and Commissioner Lane determine that an industry in the United States is materially injured by reason of imports of certain frozen or canned warmwater shrimp or prawns from Brazil, China, Ecuador, India, Thailand, and Vietnam that were found by Commerce to be sold in the United States at LTFV. VerDate jul<14>2003 17:20 Jan 26, 2005 Jkt 205001 Ecuador, India, Thailand, and Vietnam: Investigations Nos. 1063–1068 (Final). By order of the Commission. Issued: January 21, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–1487 Filed 1–26–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigations Nos. 701–TA–376, 377, & 379 and 731–TA–788–793 (Review)] Certain Stainless Steel Plate From Belgium, Canada, Italy, Korea, South Africa, and Taiwan United States International Trade Commission. ACTION: Revised schedule for the subject reviews. AGENCY: EFFECTIVE DATE: January 21, 2005. the Commission is revising its schedule. The Commission’s hearing will be held at the U.S. International Trade Commission Building at 9:30 a.m. on March 30, 2005. The Commission’s original schedule is otherwise unchanged. For further information concerning these reviews see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. Issued: January 21, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–1488 Filed 1–26–05; 8:45 am] BILLING CODE 7020–02–P FOR FURTHER INFORMATION CONTACT: Debra Baker (202–205–3180) or Douglas Corkran (202–205–3057), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. 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. General information concerning the Commission may also be obtained by accessing its Internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Effective August 26, 2004, the Commission established a schedule for the conduct of the subject reviews (69 FR 53946, September 3, 2004). Subsequently, counsel for domestic interested parties requested that the Commission reschedule its hearing from Tuesday, March 29 to Wednesday, March 30, 2005, to avoid travel during a holiday period.1 Counsel suggested no other change to the schedule. In light of the justification provided by counsel, and absent objection from any other party, 1 Letter from Collier Shannon Scott, filed on behalf of Allegheny Ludlum Corp., North American Stainless, AK Steel Corp., the United Steelworkers of America, AFL–CIO/CLC, the Local 3303 United Auto Workers (formerly the Butler Armco Independent Union), and the Zanesville Armco Independent Organization, Inc., dated December 20, 2004. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [USITC SE–05–002] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: February 2, 2005, at 11 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. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731–TA–1069 (Final) (Outboard Engines from Japan)— briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before February 17, 2005.) 5. Outstanding action jackets: (1) Document No. GC–04–152: Concerning administrative matters. 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. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: January 24, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–1580 Filed 1–25–05; 11:46 am] BILLING CODE 7020–02–P E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Notices]
[Pages 3943-3944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1487]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-1063-1068 (Final)]


Certain Frozen or Canned Warmwater Shrimp and Prawns From Brazil, 
China, Ecuador, India, Thailand, and Vietnam

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to section 735(b) of the Tariff Act 
of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United 
States is materially injured by reason of imports from Brazil, China, 
Ecuador, India, Thailand, and Vietnam of certain non-canned warmwater 
shrimp and prawns, provided for in subheadings 0306.13.00 and 
1605.20.10 of the Harmonized Tariff Schedule of the United States 
(HTSUS), that have been found by the Department of Commerce (Commerce) 
to be sold in

[[Page 3944]]

the United States at less than fair value (LTFV).\2\
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR Sec.  207.2(f)).
    \2\ The Commission further determines that critical 
circumstances do not exist with respect to those imports of the 
subject merchandise from China that were subject to the affirmative 
critical circumstances determination by the Department of Commerce.
---------------------------------------------------------------------------

    The Commission further determines that an industry in the United 
States is not materially injured by reason of imports from China, 
Thailand, and Vietnam of canned warmwater shrimp and prawns, provided 
for in subheading 1605.20.10 of the HTSUS, that have been found by 
Commerce to be sold in the United States at LTFV.\3\ The Commission 
also determines that imports from Brazil, Ecuador, and India of canned 
warmwater shrimp and prawns are negligible.
---------------------------------------------------------------------------

    \3\ Chairman Koplan and Commissioner Lane determine that an 
industry in the United States is materially injured by reason of 
imports of certain frozen or canned warmwater shrimp or prawns from 
Brazil, China, Ecuador, India, Thailand, and Vietnam that were found 
by Commerce to be sold in the United States at LTFV.
---------------------------------------------------------------------------

Background

    The Commission instituted these investigations effective December 
31, 2003, following receipt of a petition filed with the Commission and 
Commerce by the Ad Hoc Shrimp Trade Action Committee, Washington, DC; 
the Versaggi Shrimp Corp., Tampa, FL; and the Indian River Shrimp Co., 
Chauvin, LA. The final phase of the investigations was scheduled by the 
Commission following notification of preliminary determinations by 
Commerce that imports of certain frozen or canned warmwater shrimp and 
prawns from Brazil, China, Ecuador, India, Thailand, and Vietnam were 
being sold at LTFV within the meaning of section 733(b) of the Act (19 
U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the 
Commission's investigations and of a public hearing to be held in 
connection therewith was given by posting copies of the notice in the 
Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register of 
August 19, 2004 (69 FR 51472). The hearing was held in Washington, DC, 
on December 1, 2004, and all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on January 21, 2005. The 
views of the Commission are contained in USITC Publication 3748 
(January 2005), entitled Certain Frozen or Canned Warmwater Shrimp and 
Prawns from Brazil, China, Ecuador, India, Thailand, and Vietnam: 
Investigations Nos. 1063-1068 (Final). By order of the Commission.

    Issued: January 21, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-1487 Filed 1-26-05; 8:45 am]
BILLING CODE 7020-02-P
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