Monitoring of U.S. Imports of Tomatoes; Monitoring of U.S. Imports of Peppers, 45423-45424 [05-15491]

Download as PDF Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and a permanent cease and desist order. ADDRESSES: The complaint, and the amendment and supplement, except for any confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing-impaired individuals are advised that information on this matter can be obtained 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 at 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. FOR FURTHER INFORMATION CONTACT: Rett Snotherly, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202–205–2599. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2005). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 29, 2005, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain male prophylactic devices by reason of infringement of claims 1–27, 31–33, or 36 of U.S. Patent No. 5,082,004, and whether an industry in the United States exists as required by subsection (a)(2) of section 337. (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is— Portfolio Technologies, Inc., c/o John Rogers, 55 East Monroe Street, Suite 4200, Chicago, Illinois 60604. VerDate jul<14>2003 15:34 Aug 04, 2005 Jkt 205001 45423 (b) The respondents are the following companies alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: INTERNATIONAL TRADE COMMISSION Church & Dwight Co., Inc., 469 North Harrison Street, Princeton, New Jersey 08543. Reddy Medtech, Ltd., S–59, 20th Street, Anna Nagar West, Chennai 600 040, Tamil Nadu, India. Intellx, Inc., 5696 U.S 131 S., Petoskey, Michigan 49770. Monitoring of U.S. Imports of Tomatoes; Monitoring of U.S. Imports of Peppers (c) Rett Snotherly, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–O, Washington, DC 20436, who shall be the Commission investigative attorney, party to this investigation; and (3) For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received no later than 20 days after the date of service by the Commission of the complaint and notice of investigation. Extensions of time for submitting a response to the complaint will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter both an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or a cease and desist order or both directed against such respondent. By order of the Commission. Issued: August 1, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–15492 Filed 8–4–05; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 [Investigation Nos. 332–350 and 332–351] United States International Trade Commission. ACTION: Notice of opportunity to submit information for 2005 monitoring reports. AGENCY: SUMMARY: Pursuant to statute (see below), the Commission monitors U.S. imports of fresh or chilled tomatoes and fresh or chilled peppers for the purpose of expediting an investigation under certain U.S. safeguard laws, should an appropriate petition be filed. As part of that monitoring, the Commission compiles data on imports and the domestic industry and has made its data series available to the public on an annual basis. The Commission is in the process of preparing its data series for the period ending June 30, 2005, and is seeking input from interested members of the public. The Commission expects to make its data series available to the public in November in electronic form on the Commission’s Web site. DATES: Effective July 28, 2005. FOR FURTHER INFORMATION CONTACT: Timothy McCarty (202–205–3324, timothy.mccarty@usitc.gov) or Cathy Jabara (202–205–3309, cathy.jabara@usitc.gov), Agriculture and Fisheries Division, Office of Industries, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, for general information, or William Gearhart (202–205–3091, william.gearhart@usitc.gov), Office of the General Counsel, U.S. International Trade Commission, for information on legal aspects. Hearing-impaired persons can obtain information on this matter 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 these investigations may be viewed on the Commission’s electronic docket (EDISON LINE) at https://eds.usitc.gov/ hvwebex. SUPPLEMENTARY INFORMATION: Background.—Section 316 of the North American Free-Trade Agreement Implementation Act (NAFTA Implementation Act) (19 U.S.C. 3881) requires that the Commission monitor U.S. imports of fresh or chilled tomatoes (HTS heading 0702.00) and fresh or chilled peppers, other than chili peppers (HTS subheading 0709.60.00), E:\FR\FM\05AUN1.SGM 05AUN1 45424 Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices until January 1, 2009, for purposes of expediting an investigation concerning provisional relief under section 202 of the Trade Act of 1974 or section 302 of the NAFTA Implementation Act. Section 316 does not require that the Commission publish reports on this monitoring activity or otherwise make the information available to the public. However, the Commission maintains current data files on tomatoes and peppers in order to conduct an expedited investigation should a request be received. In response to the monitoring requirement, the Commission instituted investigation No. 332–350, Monitoring of U.S. Imports of Tomatoes (59 FR 1763) and investigation No. 332–351, Monitoring of U.S. Imports of Peppers (59 FR 1762). The Commission will make its reports available to the public in electronic form, and will maintain electronic copies of its reports on its Web site until one year after the monitoring requirement expires on January 1, 2009. The most recent Commission monitoring reports in this series were published in November 2004 and are available on the Commission’s Web site. Written submissions.—The Commission does not plan to hold a public hearing in connection with preparation of these reports. However, interested persons are invited to submit written statements containing data and other information concerning the matters to be addressed in the reports. All submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436, and should be received no later than the close of business on August 20, 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). Section 201.8 of the rules requires 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, as least four (4) additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). 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 rules (see Handbook for Electronic Filing Procedures, ftp:// ftp.usitc.gov/pub/reports/ electronic_filing_handbook.pdf ). Any submissions that contain confidential business information must VerDate jul<14>2003 15:34 Aug 04, 2005 Jkt 205001 also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Commission will not publish such confidential business information in the monitoring reports it posts on its Web site in a manner that would reveal the operations of the firm supplying the information. However, the Commission may include such information in the report it sends to the President under section 202 of the Trade Act of 1974 or section 302 of the NAFTA Implementation Act, if it is required to conduct an investigation involving these products under either of these statutory authorities. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Secretary at 202–205–2000. By order of the Commission. Issued: August 1, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–15491 Filed 8–4–05; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division United States v. Kentucky Real Estate Commission; Proposed Amendment Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b) through (h), that a proposed Amended Final Judgment, Stipulation and Order, and Competitive Impact Statement have been filed with the United States District Court for the Western District of Kentucky in United States of America v. Kentucky Real Estate Commission, Civil Action No. 3:05–cv–188–S. On March 31, 2005, the United States filed a Complaint alleging that the Commission and others violated section 1 of the Sherman Act, 15 U.S.C 1, when they entered into and engaged in a combination and conspiracy to restrict competition among real estate brokers PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 through the Commission’s promulgation and enforcement of regulations banning rebates and inducements. The proposed Amended Final Judgment, filed on July 15, 2005: (i) Enjoins the Commission from enforcing any regulations that prohibit licensed real estate brokers in Kentucky from offering non-misleading rebates or inducements; (ii) requires the Commission to notify brokers that they can offer rebates and inducements to attract clients; (iii) permits any broker, whose license is currently suspended or revoked on account of offering a rebate or inducement, to request to have his or her license reinstated; (iv) requires the Commission to cease any current investigations or disciplinary actions relating to the offering of rebates and inducements; and (v) provides that any disciplinary action against rebates and inducements is null and void. Copies of the Complaint, Stipulation and Order, proposed Amended Final Judgment, and Competitive Impact Statement are available for inspection at the Department of Justice, Antitrust Division, Room 200, 325 Seventh Street, NW., Washington, DC 20530, on the Department of Justice’s Web site at https://www.usdoj.gov/atr/, and at the Office of the Clerk of the United States District Court for the Western District of Kentucky in Louisville, Kentucky. Public comment is invited within 60 days of the date of this notice. Such comments, and responses thereto, will be published in the Federal Register and filed with the Court. Comments should be directed to John Read, Chief, Litigation III Section, Antitrust Division, Department of Justice, 325 7th Street, NW., Suite 300, Washington, DC 20530 (telephone: (202) 616–5935). Dorothy B. Fountain, Deputy Director of Operations. Competitive Impact Statement The United States, pursuant to section 2(b) of the Antitrust Procedures and Penalties Act (‘‘APPA’’), 15 U.S.C. 16(b), files this Competitive Impact Statement relating to the Proposed Amended Final Judgment submitted for entry in this civil antitrust proceeding. On March 31, 2005, the United States filed a civil antitrust Complaint pursuant to section 4 of the Sherman Act, as amended, 15 U.S.C. 4, against Defendant, the Kentucky Real Estate Commission (the ‘‘Commission’’). The Complaint alleges that the Commission and others entered into and engaged in a combination and conspiracy to restrict competition among real estate brokers through the Commission’s promulgation and enforcement of regulations banning rebates and inducements (the ‘‘Rebate E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45423-45424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15491]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 332-350 and 332-351]


Monitoring of U.S. Imports of Tomatoes; Monitoring of U.S. 
Imports of Peppers

AGENCY: United States International Trade Commission.

ACTION: Notice of opportunity to submit information for 2005 monitoring 
reports.

-----------------------------------------------------------------------

SUMMARY: Pursuant to statute (see below), the Commission monitors U.S. 
imports of fresh or chilled tomatoes and fresh or chilled peppers for 
the purpose of expediting an investigation under certain U.S. safeguard 
laws, should an appropriate petition be filed. As part of that 
monitoring, the Commission compiles data on imports and the domestic 
industry and has made its data series available to the public on an 
annual basis. The Commission is in the process of preparing its data 
series for the period ending June 30, 2005, and is seeking input from 
interested members of the public. The Commission expects to make its 
data series available to the public in November in electronic form on 
the Commission's Web site.

DATES: Effective July 28, 2005.

FOR FURTHER INFORMATION CONTACT: Timothy McCarty (202-205-3324, 
timothy.mccarty@usitc.gov) or Cathy Jabara (202-205-3309, 
cathy.jabara@usitc.gov), Agriculture and Fisheries Division, Office of 
Industries, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, for general information, or William Gearhart 
(202-205-3091, william.gearhart@usitc.gov), Office of the General 
Counsel, U.S. International Trade Commission, for information on legal 
aspects. Hearing-impaired persons can obtain information on this matter 
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 these 
investigations may be viewed on the Commission's electronic docket 
(EDIS-ON LINE) at https://eds.usitc.gov/hvwebex.

SUPPLEMENTARY INFORMATION:
    Background.--Section 316 of the North American Free-Trade Agreement 
Implementation Act (NAFTA Implementation Act) (19 U.S.C. 3881) requires 
that the Commission monitor U.S. imports of fresh or chilled tomatoes 
(HTS heading 0702.00) and fresh or chilled peppers, other than chili 
peppers (HTS subheading 0709.60.00),

[[Page 45424]]

until January 1, 2009, for purposes of expediting an investigation 
concerning provisional relief under section 202 of the Trade Act of 
1974 or section 302 of the NAFTA Implementation Act. Section 316 does 
not require that the Commission publish reports on this monitoring 
activity or otherwise make the information available to the public. 
However, the Commission maintains current data files on tomatoes and 
peppers in order to conduct an expedited investigation should a request 
be received. In response to the monitoring requirement, the Commission 
instituted investigation No. 332-350, Monitoring of U.S. Imports of 
Tomatoes (59 FR 1763) and investigation No. 332-351, Monitoring of U.S. 
Imports of Peppers (59 FR 1762).
    The Commission will make its reports available to the public in 
electronic form, and will maintain electronic copies of its reports on 
its Web site until one year after the monitoring requirement expires on 
January 1, 2009. The most recent Commission monitoring reports in this 
series were published in November 2004 and are available on the 
Commission's Web site.
    Written submissions.--The Commission does not plan to hold a public 
hearing in connection with preparation of these reports. However, 
interested persons are invited to submit written statements containing 
data and other information concerning the matters to be addressed in 
the reports. All submissions should be addressed to the Secretary, 
United States International Trade Commission, 500 E Street SW., 
Washington, DC 20436, and should be received no later than the close of 
business on August 20, 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). Section 201.8 of the rules requires 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, as least four (4) additional 
copies must be filed, in which the confidential information must be 
deleted (see the following paragraph for further information regarding 
confidential business information). 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 rules (see Handbook for Electronic Filing Procedures, ftp://
ftp.usitc.gov/pub/reports/electronic_filing_handbook.pdf ).
    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 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available in 
the Office of the Secretary to the Commission for inspection by 
interested parties.
    The Commission will not publish such confidential business 
information in the monitoring reports it posts on its Web site in a 
manner that would reveal the operations of the firm supplying the 
information. However, the Commission may include such information in 
the report it sends to the President under section 202 of the Trade Act 
of 1974 or section 302 of the NAFTA Implementation Act, if it is 
required to conduct an investigation involving these products under 
either of these statutory authorities. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Secretary at 202-205-2000.

    By order of the Commission.
    Issued: August 1, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-15491 Filed 8-4-05; 8:45 am]
BILLING CODE 7020-02-P
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