Mechanical Transfer Presses From Japan, 46884 [05-15935]

Download as PDF 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 (http:// 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 VerDate jul<14>2003 16:14 Aug 10, 2005 Jkt 205001 INTERNATIONAL TRADE COMMISSION PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://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.

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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 (http://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