Mechanical Transfer Presses From Japan, 46884 [05-15935]
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46884
Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Notices
importer does not know that a latent
defect in the merchandise exists at the
time of entry summary, the importer
cannot flag the entry summary for later
resolution through Reconciliation.
CBP notes that the issue of whether
these latent defect claims fall within the
scope of § 158.12, and if so, the
evidence needed to support these
claims, is still under review by the
courts. There have been several
preliminary court rulings on the subject,
but several cases addressing these issues
are still pending at the Court of
International Trade and the Court of
Appeals for the Federal Circuit
(Volkswagen of America, Inc. v. United
States, Court No. 96–01–00132, Court of
International Trade; Saab Cars USA Inc.
v. United States, Court Nos. 04–1268
and 04–1416, Court of Appeals for the
Federal Circuit). Regardless of the final
outcome of the court cases, the
Reconciliation procedure cannot be
used with regard to latent defect claims
made pursuant to § 158.12 or any other
provision.
Test Clarification
Reconciliation may not be used with
respect to claims for value allowances
made pursuant to § 158.12 or any other
provision based on alleged latent
manufacturing defects. Thus, to clarify,
the Reconciliation test covers the
following issues: (1) Value issues other
than claims based on latent
manufacturing defects; (2) classification
issues, on a limited basis; (3) issues
concerning value aspects of entries filed
under heading 9802, Harmonized Tariff
Schedule of the United States (HTSUS;
9802 issues); and (4) post-entry claims
under 19 U.S.C. 1520(d) for the benefits
of the North American Free Trade
Agreement (NAFTA) or the United
States-Chile Free Trade Agreement (US–
CFTA) for merchandise as to which
such claims were not made at the time
of entry. CBP considers this a
clarification of the test procedure
because CBP never contemplated latent
defect claims to be value issues eligible
for Reconciliation.
Dated: August 3, 2005.
Denise Crawford,
Acting Assistant Commissioner, Office of
Field Operations.
[FR Doc. 05–15904 Filed 8–10–05; 8:45 am]
BILLING CODE 4820–02–U
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–548]
[Investigation No. 731–TA–429 (Second
Review)]
Mechanical Transfer Presses From
Japan
United States International
Trade Commission.
AGENCY:
ACTION:
Termination of five-year review.
SUMMARY: The subject five-year review
was initiated in May 2005 to determine
whether revocation of the antidumping
duty order on mechanical transfer
presses from Japan would be likely to
lead to continuation or recurrence of
dumping and of material injury to a
domestic industry. On August 1, 2005,
the Department of Commerce published
notice that it was revoking the order
effective June 21, 2005 because ‘‘the
domestic interested parties did not
participate in this sunset review. * * *’’
(70 FR 44089). Accordingly, pursuant to
section 751(c) of the Tariff Act of 1930
(19 U.S.C. 1675(c)), the subject review is
terminated.
DATES:
Effective: June 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired 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 (https://
www.usitc.gov).
Authority: This review is being terminated
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.69 of the Commission’s rules (19
CFR 207.69).
Issued: August 8, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–15935 Filed 8–10–05; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
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In the Matter of Certain Tissue
Converting Machinery, Including
Rewinders, Tail Sealers, Trim
Removers, and Components Thereof;
Notice of Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on July
8, 2005, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Fabio Perini North
America, Inc., of Green Bay, Wisconsin.
The 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 tissue
converting machinery, including
rewinders, tail sealers, trim removers,
and components thereof, by reason of
infringement of claims 1, 3, 6, 7, 8, 13,
14, and 15 of U.S. Patent No. 5,979,818,
claims 1–5 of U.S. Patent No. Re.
35,729, and claim 5 of U.S. Patent No.
5,475,917. The complaint further alleges
that there exists an industry in the
United States 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.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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:
David O. Lloyd, Esq., Office of Unfair
E:\FR\FM\11AUN1.SGM
11AUN1
Agencies
[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Notices]
[Page 46884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15935]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-429 (Second Review)]
Mechanical Transfer Presses From Japan
AGENCY: United States International Trade Commission.
ACTION: Termination of five-year review.
-----------------------------------------------------------------------
SUMMARY: The subject five-year review was initiated in May 2005 to
determine whether revocation of the antidumping duty order on
mechanical transfer presses from Japan would be likely to lead to
continuation or recurrence of dumping and of material injury to a
domestic industry. On August 1, 2005, the Department of Commerce
published notice that it was revoking the order effective June 21, 2005
because ``the domestic interested parties did not participate in this
sunset review. * * *'' (70 FR 44089). Accordingly, pursuant to section
751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject
review is terminated.
DATES: Effective: June 21, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. 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 (https://www.usitc.gov).
Authority: This review is being terminated under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.69 of the Commission's rules (19 CFR
207.69).
Issued: August 8, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-15935 Filed 8-10-05; 8:45 am]
BILLING CODE 7020-02-P