The Impact of Trade Agreements Implemented Under Trade Promotion Authority, 19095-19096 [05-7289]
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Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices
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. 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: This
patent-based section 337 investigation
was instituted by the Commission on
January 7, 2004, based on a complaint
filed by Eaton Corporation (‘‘Eaton’’) of
Cleveland, Ohio. 69 FR 937 (January 7,
2004). The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930 in the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain automated mechanical
transmission systems for medium-duty
and heavy-duty trucks, and components
thereof, by reason of infringement of
claim 15 of U.S. Patent No. 4,899,279
(‘‘the ’279 patent’’); claims 1–20 of U.S.
Patent No. 5,335,566 (‘‘the ’566 patent’’);
claims 2–4 and 6–16 of U.S. Patent No.
5,272,939 (‘‘the ’939 patent’’); claims 1–
13 of U.S. Patent No. 5,624,350 (‘‘the
’350 patent’’); claims 1, 3, 4, 6–9, 11, 13,
14, 16 and 17 of U.S. Patent No.
6,149,545 (‘‘the ’545 patent’’); and
claims 1–16 of U.S. Patent No. 6,066,071
(‘‘the ’071 patent’’).
The complaint and notice of
investigation named three respondents
ZF Meritor, LLC of Maxton, North
Carolina, ZF Friedrichshafen AG of
Freidrichshafen, Germany, and
ArvinMeritor, Inc. (‘‘ArvinMeritor’’) of
Troy, Michigan.
On July 21, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s initial
determination (‘‘ID’’) (Order No. 20)
terminating the investigation as to the
’071 patent and as to claims 2, 3, and
5–20 of the ’566 patent, claims 4, 7, and
12 of the ’350 patent, and claims 4, 8–
9, and 14 of the ’545 patent.
On August 11, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s ID (Order No.
31) terminating the investigation as to
the ’939 patent and as to claims 10, 11,
and 13 of the ’350 patent.
On August 16, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s ID (Order No.
28) that Eaton has satisfied the
economic prong of the domestic
industry requirement as to certain
articles it alleges practice the patents at
issue in this investigation.
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16:48 Apr 11, 2005
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On August 23, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s ID (Order No.
30) that Eaton did not meet the
technical prong of the domestic industry
requirement as to the remaining claims,
claims 1–3, 5, 6, 8, and 9, of the ’350
patent, thus terminating the
investigation as to that patent.
On September 17, 2004, the
Commission issued a notice that it had
determined not to review the ALJ’s ID
(Order No. 38) granting Eaton’s partial
summary determination that the
importation requirement has been met.
On September 23, 2004, the
Commission issued a notice that it had
determined not to review the ALJ’s ID
(Order No. 45) granting Eaton’s motion
for summary determination that it
satisfies the economic prong of the
domestic industry requirement of
section 337 as to its medium-duty
automated transmissions. The
Commission also issued a notice on
September 23, 2004, that it had
determined not to review ALJ’s ID
(Order No. 55) granting Eaton’s motion
for partial termination of the
investigation as to claim 1 of the ‘‘566
patent.
On January 7, 2005, the ALJ issued his
final ID on violation and his
recommended determination on remedy
and bonding. The ALJ found a violation
of section 337 by reason of infringement
of claim 15 of the ’279 patent by
respondents. He found no violation of
section 337 regarding the ’566 and the
’545 patents. Petitions for review were
filed by Eaton, the respondents, and the
Commission investigative attorney on
January 21, 2005. All parties filed
responses to the petitions on January 28,
2005.
On February 24, 2005, the
Commission issued a notice indicating
that it had determined not to review the
ALJ’s final ID on violation, thereby
finding a violation of section 337. The
Commission also invited the parties to
file written submissions regarding the
issues of remedy, the public interest and
bonding, and provided a schedule for
filing such submissions.
Having reviewed the record in this
investigation, including the parties’
written submissions and responses
thereto, the Commission determined
that the appropriate form of relief in this
investigation is a limited exclusion
order prohibiting the unlicensed entry
of automated mechanical transmission
systems for medium-duty and heavyduty trucks, and components thereof
covered by claim 15 of the ’279 patent.
The order covers automated mechanical
transmission systems for medium-duty
and heavy-duty trucks, and components
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Sfmt 4703
19095
thereof that are manufactured abroad by
or on behalf of, or imported by or on
behalf of the respondents, or any of their
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
The limited exclusion order does not
cover parts necessary to service
infringing automated mechanical
transmission systems installed on trucks
prior to the issuance of the order.
The Commission also determined to
issue a cease and desist order
prohibiting ArvinMeritor from
importing, selling, marketing,
advertising, distributing, offering for
sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for automated
mechanical transmission systems for
medium-duty and heavy-duty trucks,
and components thereof covered by
claim 15 of the ’279 patent.
The Commission further determined
that the public interest factors
enumerated in sections 337(d)(1) and
(f)(1), 19 U.S.C. 1337(d)(1) and (f)(1), do
not preclude issuance of either the
limited exclusion order or the cease and
desist order. In addition, the
Commission determined that the
amount of bond to permit temporary
importation during the Presidential
review period shall be in the amount of
100 percent of the entered value of the
imported articles. Finally, the
Commission determined to deny both
the complainant’s motion to strike and
the respondents’ motion for leave to file
a surreply. The Commission’s orders
and opinion in support thereof were
delivered to the President on the day of
their issuance.
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 210.50 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.50).
Issued: April 7, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–7298 Filed 4–11–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–2103–1]
The Impact of Trade Agreements
Implemented Under Trade Promotion
Authority
United States International
Trade Commission.
AGENCY:
E:\FR\FM\12APN1.SGM
12APN1
19096
Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices
Institution of investigation and
scheduling of public hearing.
ACTION:
SUMMARY: Following receipt on March
31, 2005 of notification from the United
States Trade Representative (USTR) on
behalf of the President under section
2103(c)(3)(B) of the Trade Act of 2002
(19 U.S.C. 3803(c)(3)(B)), the
Commission instituted investigation No.
TA–2103–1, The Impact of Trade
Agreements Implemented Under Trade
Promotion Authority.
Background: As required in section
2103(c)(3)(B) of the Trade Act of 2002
(19 U.S.C. 3803(c)(3)(B)), the
Commission must submit a report to the
Congress not later than June 1, 2005,
that contains a review and analysis of
the economic impact on the United
States of all trade agreements
implemented between the date of
enactment of this Act and the date on
which the President decides to seek an
extension requested under paragraph (2)
of section 2103(c).
The only agreements implemented
within this time period are free trade
agreements with Chile, Singapore, and
Australia.
As required by the statute, the
Commission will provide its report not
later than June 1, 2005.
DATES: Effective Date: March 31, 2005.
FOR FURTHER INFORMATION CONTACT:
Project Manager, Kyle Johnson ((202)
205–3229 or kyle.johnson@usitc.gov), or
Deputy Project Manager, Alan Fox
((202) 205–3267 or alan.fox@usitc.gov).
For information on the legal aspects of
this investigation, contact William
Gearhart of the Office of the General
Counsel ((202) 205–3091 or
william.gearhart@usitc.gov). For media
information, contact Peg O’Laughlin
((202) 205–1819). Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the TDD terminal on ((202)
205–1810).
Public Hearing: A public hearing in
connection with the investigation will
be held at the U.S. International Trade
Commission Building, 500 E Street,
SW., Washington, DC, beginning at 9:30
a.m. on April 27, 2005. Requests to
appear at the public hearing should be
filed with the Secretary, no later than
5:15 p.m., April 20, 2005 in accordance
with the requirements in the
‘‘Submissions’’ section below. In the
event that, as of the close of business on
April 20, 2005, no witnesses are
scheduled to appear at the hearing, the
hearing will be canceled. Any person
interested in attending the hearing as an
observer or non-participant may call the
Secretary ((202) 205–2000) after April
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16:48 Apr 11, 2005
Jkt 205001
20, 2005, to determine whether the
hearing will be held.
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to submit
written statements or briefs concerning
the investigation. All written
submissions, including requests to
appear at the hearing, statements, and
briefs should be addressed to the
Secretary, United States International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436. Any prehearing
briefs or statements should be filed not
later than 5:15 p.m., April 20, 2005; the
deadline for filing post-hearing briefs or
statements is 5:15 p.m., May 2, 2005.
All written submissions must conform
with the provisions of section 201.8 of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.8); any
submissions that contain confidential
business information must also conform
with the requirements of section 201.6
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.6). Section
201.8 of the rules require that a signed
original (or a copy designated as an
original) and fourteen (14) copies of
each document be filed. In the event
that confidential treatment of the
document is requested, at least four (4)
additional copies must be filed, in
which the confidential information
must be deleted. The Commission’s
rules do not authorize filing
submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the Commission’s Rules (19 CFR 201.8)
(see Handbook for Electronic Filing
Procedures, ftp://ftp.usitc.gov/pub/
reports/electronic_filing_handbook.pdf).
Any submissions that contain CBI
must also conform with the
requirements of section 201.6 of the
Commission’s rules (19 CFR 201.6).
Section 201.6 of the rules requires that
the cover of the document and the
individual pages clearly be marked as to
whether they are the ‘‘confidential’’ or
‘‘nonconfidential’’ version, and that the
CBI be clearly identified by means of
brackets. All written submissions,
except for CBI, will be made available
for inspection by interested parties.
The Commission plans to publish
only a public report in this
investigation. The Commission will not
publish confidential business
information in a manner that would
reveal the operations of the firm
supplying the information.
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.
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Fmt 4703
Sfmt 4703
Issued: April 6, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–7289 Filed 4–11–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–467]
Advice Concerning Possible
Modifications to the U.S. Generalized
System of Preferences, 2004 Special
Review
International Trade
Commission.
ACTION: Institution of investigation and
request for public comment
AGENCY:
SUMMARY: Following receipt on April 1,
2005 of a request from the United States
Trade Representative (USTR) under
section 332(g) of the Tariff Act of 1930
(19 U.S.C. 1332(g)), the Commission
instituted investigation No. 332–467,
Advice Concerning Possible
Modifications to the U.S. Generalized
System of Preferences, 2004 Special
Review.
Background: As requested by the
USTR, under section 332(g) of the Tariff
Act of 1930 and in accordance with
section 503(d)(1)(A) of the Trade Act of
1974 (19 U.S.C. 2463(d)(1)(A)), the
Commission will provide advice on
whether any industry in the United
States is likely to be adversely affected
by a waiver of the competitive need
limits specified in section 503(c)(2)(A)
of the 1974 Act for Indonesia for HTS
subheadings 4412.13.40, and
9001.30.00; and for Thailand for HTS
subheadings 7113.11.50 and 9009.12.00.
With respect to the competitive need
limit in section 503(c)(2)(A)(i)(I) of the
1974 Act, the Commission, as requested,
will use the dollar value limit of
$115,000,000.
As requested by the USTR, the
Commission will seek to provide its
advice not later than May 31, 2005.
DATES: Effective Date: April 6, 2005.
FOR FURTHER INFORMATION CONTACT:
Project Leader, Cynthia B. Foreso (202–
205–3348 or cynthia.foreso@usitc.gov).
The above person is in the
Commission’s Office of Industries. For
information on legal aspects of the
investigation, contact William Gearhart
of the Commission’s Office of the
General Counsel at 202–205–3091 or
william.gearhart@usitc.gov.
Written Submissions: The
Commission does not plan to hold a
public hearing in this investigation.
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[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19095-19096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7289]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-2103-1]
The Impact of Trade Agreements Implemented Under Trade Promotion
Authority
AGENCY: United States International Trade Commission.
[[Page 19096]]
ACTION: Institution of investigation and scheduling of public hearing.
-----------------------------------------------------------------------
SUMMARY: Following receipt on March 31, 2005 of notification from the
United States Trade Representative (USTR) on behalf of the President
under section 2103(c)(3)(B) of the Trade Act of 2002 (19 U.S.C.
3803(c)(3)(B)), the Commission instituted investigation No. TA-2103-1,
The Impact of Trade Agreements Implemented Under Trade Promotion
Authority.
Background: As required in section 2103(c)(3)(B) of the Trade Act
of 2002 (19 U.S.C. 3803(c)(3)(B)), the Commission must submit a report
to the Congress not later than June 1, 2005, that contains a review and
analysis of the economic impact on the United States of all trade
agreements implemented between the date of enactment of this Act and
the date on which the President decides to seek an extension requested
under paragraph (2) of section 2103(c).
The only agreements implemented within this time period are free
trade agreements with Chile, Singapore, and Australia.
As required by the statute, the Commission will provide its report
not later than June 1, 2005.
DATES: Effective Date: March 31, 2005.
FOR FURTHER INFORMATION CONTACT: Project Manager, Kyle Johnson ((202)
205-3229 or kyle.johnson@usitc.gov), or Deputy Project Manager, Alan
Fox ((202) 205-3267 or alan.fox@usitc.gov). For information on the
legal aspects of this investigation, contact William Gearhart of the
Office of the General Counsel ((202) 205-3091 or
william.gearhart@usitc.gov). For media information, contact Peg
O'Laughlin ((202) 205-1819). Hearing impaired individuals are advised
that information on this matter can be obtained by contacting the TDD
terminal on ((202) 205-1810).
Public Hearing: A public hearing in connection with the
investigation will be held at the U.S. International Trade Commission
Building, 500 E Street, SW., Washington, DC, beginning at 9:30 a.m. on
April 27, 2005. Requests to appear at the public hearing should be
filed with the Secretary, no later than 5:15 p.m., April 20, 2005 in
accordance with the requirements in the ``Submissions'' section below.
In the event that, as of the close of business on April 20, 2005, no
witnesses are scheduled to appear at the hearing, the hearing will be
canceled. Any person interested in attending the hearing as an observer
or non-participant may call the Secretary ((202) 205-2000) after April
20, 2005, to determine whether the hearing will be held.
Written Submissions: In lieu of or in addition to participating in
the hearing, interested parties are invited to submit written
statements or briefs concerning the investigation. All written
submissions, including requests to appear at the hearing, statements,
and briefs should be addressed to the Secretary, United States
International Trade Commission, 500 E Street, SW., Washington, DC
20436. Any prehearing briefs or statements should be filed not later
than 5:15 p.m., April 20, 2005; the deadline for filing post-hearing
briefs or statements is 5:15 p.m., May 2, 2005.
All written submissions must conform with the provisions of section
201.8 of the Commission's Rules of Practice and Procedure (19 CFR
201.8); any submissions that contain confidential business information
must also conform with the requirements of section 201.6 of the
Commission's Rules of Practice and Procedure (19 CFR 201.6). Section
201.8 of the rules require that a signed original (or a copy designated
as an original) and fourteen (14) copies of each document be filed. In
the event that confidential treatment of the document is requested, at
least four (4) additional copies must be filed, in which the
confidential information must be deleted. The Commission's rules do not
authorize filing submissions with the Secretary by facsimile or
electronic means, except to the extent permitted by section 201.8 of
the Commission's Rules (19 CFR 201.8) (see Handbook for Electronic
Filing Procedures, ftp://ftp.usitc.gov/pub/reports/electronic_filing_
handbook.pdf).
Any submissions that contain CBI must also conform with the
requirements of section 201.6 of the Commission's rules (19 CFR 201.6).
Section 201.6 of the rules requires that the cover of the document and
the individual pages clearly be marked as to whether they are the
``confidential'' or ``nonconfidential'' version, and that the CBI be
clearly identified by means of brackets. All written submissions,
except for CBI, will be made available for inspection by interested
parties.
The Commission plans to publish only a public report in this
investigation. The Commission will not publish confidential business
information in a manner that would reveal the operations of the firm
supplying the information.
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.
Issued: April 6, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-7289 Filed 4-11-05; 8:45 am]
BILLING CODE 7020-02-P
