Metal Calendar Slides From Japan, 48778-48779 [05-16425]

Download as PDF 48778 Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices tractors manufactured by a single Chinese entity, respondent Beiqi Futian Automobile Co., Ltd. (Futian), that infringe the trade dress of complainant New Holland North America. On August 2, 2004, New Holland filed a single document styled ‘‘Consolidated Enforcement Complaint and Petition for Modification,’’ in which it requested both enforcement and modification of the existing limited exclusion order by replacing the limited exclusion order with a general exclusion order. On November 15, 2004, the Commission ordered the institution of a formal enforcement proceeding to determine whether Futian (now known as Beiqi Foton Motor Co., Ltd.) and Shandong Worldbest Shantou Co., Ltd., an allegedly related entity, (collectively, ‘‘the enforcement respondents’’) were in violation of the limited exclusion order, and what if any enforcement measures were appropriate. The Commission found that the petition for modification proceedings to obtain a general exclusion order failed to satisfy Commission rule 210.76(a) in that the complainant did not provide an argument concerning the legal basis for the broad modification sought. Thus, the Commission did not institute modification proceedings. The Commission assigned the enforcement proceedings to the ALJ who conducted the original investigation concerning violation. The Commission subsequently set a target date of November 21, 2005, for completion of the investigation in light of VastFame et al. v USITC, 386 F.3d 1108 (Fed. Cir. 2004), which holds that the Commission’s authority for conducting enforcement proceedings is found in 19 U.S.C. 1337(b), a provision which requires the Commission to set a target date for completion of its investigations within 45 days of institution. On February 4, 2005, the ALJ issued an ID finding the two enforcement respondents in default, and pursuant to Commission Rule 210.16(b)(3), to have waived their right to appear, be served with documents, or contest the allegations in the enforcement complaint. The Commission declined to review the ID and it became the final determination of the Commission. On May 13, 2005, the ALJ issued an EID finding that the existing limited exclusion order had been violated by the enforcement respondents, but recommending against any enforcement measures by the Commission because: (1) He believed the Commission did not intend for him to issue a general exclusion order; (2) New Holland had failed to meet the statutory criteria for VerDate jul<14>2003 16:47 Aug 18, 2005 Jkt 205001 a general exclusion order in default investigations because it had not established a violation of section 337 by substantial, reliable, and probative evidence as required by 19 U.S.C. 1337(g)(2)(A); and (3) New Holland did not seek any enforcement measures other than a general exclusion order. The Commission has determined to review and modify the EID to the extent that the Commission does not adopt the ALJ’s conclusion that the Commission did not intend for him to issue a general exclusion order when it instituted these proceedings. Rather, the Commission determined only to deny New Holland’s petition for modification. The Commission adopts the EID’s finding that New Holland failed to meet the statutory criteria for a general exclusion order because it did not established a violation of its trade dress by substantial, reliable, and probative evidence as required by section 337(g)(2)(A). The Commission agrees with the ALJ that no other enforcement measures are appropriate because New Holland did not seek any enforcement measure other than a general exclusion order. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). from Japan of metal calendar slides, provided for in subheading 7326.90.10 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (LTFV). Commencement of Final Phase Investigation By order of the Commission. Issued: August 15, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–16426 Filed 8–18–05; 8:45 am] Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigation. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (Commerce) of an affirmative preliminary determination in the investigation under section 733(b) of the Act, or, if the preliminary determination is negative, upon notice of an affirmative final determination in that investigation under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigation need not enter a separate appearance for the final phase of the investigation. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation. BILLING CODE 7020–02–P Background INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1094 (Preliminary)] Metal Calendar Slides From Japan Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (Commission) determines,2 pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)). 2 Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson dissenting. Commissioner Marcia E. Miller did not participate in this determination. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 On June 29, 2005, a petition was filed with the Commission and Commerce by Stuebing Automatic Machine Co., Cincinnati, OH, alleging that an industry in the United States is materially injured by reason of LTFV imports of metal calendar slides from Japan. Accordingly, effective June 29, 2005, the Commission instituted antidumping duty investigation No. 731–TA–1094 (Preliminary). Notice of the institution of the Commission’s investigation and of a public conference 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 July 11, 2005 (70 FR 39788). The conference was held in Washington, DC, on July 20, 2005, and all persons who requested the opportunity were permitted to appear in person or by counsel. E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices The Commission will transmit its determination in this investigation to the Secretary of Commerce on August 15, 2004. The views of the Commission are contained in USITC Publication 3792 (August 2005), entitled Metal Calendar Slides from Japan: Investigation No. 731–TA–1094 (Preliminary). Dated: August 11, 2005. William J. Walker, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. 05–16468 Filed 8–18–05; 8:45 am] By order of the Commission. Issued: August 15, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–16425 Filed 8–18–05; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4410–09–P Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to section 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on March 16, 2005, Abbott Laboratories, DBA Knoll Pharmaceutical Company, 30 North Jefferson Road, Whippany, New Jersey 07981, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed in Schedules I and II: Drug Schedule Dihydromorphine (9145) ............... Hydromorphone (9150) ................ I II The company plans to manufacture bulk product and dosage units for distribution to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail may be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative, Liaison and Policy Section (ODL); or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, Virginia 22301; and must be filed no later than October 18, 2005. VerDate jul<14>2003 16:47 Aug 18, 2005 Jkt 205001 Pursuant to section 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on March 7, 2005, Lonza Riverside, 900 River Road, Conshohocken, Pennsylvania 19428, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed in Schedules I and II: Drug Schedule Gamma hydroxybutyric acid (2010). Amphetamine (1100) .................... Methylphenidate (1724) ................ I II II The company plans to manufacture bulk products for finished dosage units and distribution to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail may be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative, Liaison and Policy Section (ODL); or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, Virginia 22301; and must be filed no later than October 18, 2005. Dated: August 11, 2005. William J. Walker, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. 05–16469 Filed 8–18–05; 8:45 am] BILLING CODE 4410–09–P PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 48779 DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated March 29, 2005, and published in the Federal Register on April 6, 2005, (70 FR 17473), Polaroid Corporation, 1265 Main Street, Building W6, Waltham, Massachusetts 02454, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of 2,5Dimethoxyamphetamine (7396), a basic class of controlled substance listed in Schedule I. The company plans to manufacture the listed controlled substance in bulk for conversion into non-controlled substances. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Polaroid Corporation to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Polaroid Corporation to ensure that the company’s registration is consistent with the public interest. The investigation has included inspection and testing of the company’s physical security systems, verification of the company’s compliance with State and local laws, and a review of the company’s background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: August 12, 2005. William J. Walker, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. 05–16466 Filed 8–18–05; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in Schedule I or II and prior to issuing a regulation under 21 U.S.C. 952(a)(2)(B) authorizing the importation of such a substance, provide E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48778-48779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16425]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1094 (Preliminary)]


Metal Calendar Slides From Japan

Determination

    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
(Commission) determines,\2\ pursuant to section 733(a) of the Tariff 
Act of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable 
indication that an industry in the United States is materially injured 
by reason of imports from Japan of metal calendar slides, provided for 
in subheading 7326.90.10 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be sold in the United States at less 
than fair value (LTFV).
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    \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\ Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. 
Pearson dissenting. Commissioner Marcia E. Miller did not 
participate in this determination.
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Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigation. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of an affirmative preliminary 
determination in the investigation under section 733(b) of the Act, or, 
if the preliminary determination is negative, upon notice of an 
affirmative final determination in that investigation under section 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigation need not enter a separate 
appearance for the final phase of the investigation. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.

Background

    On June 29, 2005, a petition was filed with the Commission and 
Commerce by Stuebing Automatic Machine Co., Cincinnati, OH, alleging 
that an industry in the United States is materially injured by reason 
of LTFV imports of metal calendar slides from Japan. Accordingly, 
effective June 29, 2005, the Commission instituted antidumping duty 
investigation No. 731-TA-1094 (Preliminary).
    Notice of the institution of the Commission's investigation and of 
a public conference 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 July 11, 2005 (70 FR 39788). The 
conference was held in Washington, DC, on July 20, 2005, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.

[[Page 48779]]

    The Commission will transmit its determination in this 
investigation to the Secretary of Commerce on August 15, 2004. The 
views of the Commission are contained in USITC Publication 3792 (August 
2005), entitled Metal Calendar Slides from Japan: Investigation No. 
731-TA-1094 (Preliminary).


    By order of the Commission.
    Issued: August 15, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-16425 Filed 8-18-05; 8:45 am]
BILLING CODE 7020-02-P