In the Matter of Certain Ink Markers and Packaging Thereof; Notice of Commission Decision Not To Review an Initial Determination Finding a Violation of Section 337; Schedule for Written Submissions on Remedy, Bonding, and the Public Interest, 54079-54080 [05-18139]
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Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices
historical documents, the human
remains have been determined to be
Native American. Based on oral
tradition, archeological evidence,
presence of trade objects, and historical
documents, the Brown site has been
identified as a Great Osage village of the
Great Osage tribe with occupation
approximately A.D. 1675 to A.D. 1777.
The federally recognized Osage Tribe,
Oklahoma are the present-day
descendants of the Great Osage tribe.
Officials of the University of
Missouri-Columbia, Museum of
Anthropology have determined that,
pursuant to 25 U.S.C. 3001 (9–10), the
human remains described above
represent the physical remains of three
individuals of Native American
ancestry. Officials of the University of
Missouri-Columbia, Museum of
Anthropology also have determined
that, pursuant to 25 U.S.C. 3001 (3)(A),
the 237 objects described above are
reasonably believed to have been placed
with or near individual human remains
at the time of death or later as part of
the death rite or ceremony. Lastly,
officials of the University of MissouriColumbia, Museum of Anthropology
have determined that, pursuant to 25
U.S.C. 3001 (2), there is a relationship
of shared group identity that can be
reasonably traced between the Native
American human remains and
associated funerary objects and the
Osage Tribe, Oklahoma.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the human remains and
associated funerary objects should
contact Dr. Michael O’Brien, Director,
Museum of Anthropology, 317 Lowry
Hall, University of Missouri-Columbia,
Columbia, MO 65211, telephone (573)
882–4421, before October 13, 2005.
Repatriation of the human remains and
associated funerary objects to the Osage
Tribe, Oklahoma may proceed after that
date if no additional claimants come
forward.
University of Missouri-Columbia,
Museum of Anthropology is responsible
for notifying the Osage Tribe, Oklahoma
that this notice has been published.
Dated: August 3, 2005
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 05–18084 Filed 9–12–05; 8:45 am]
BILLING CODE 4312–50–S
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Jkt 205001
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–522]
In the Matter of Certain Ink Markers
and Packaging Thereof; Notice of
Commission Decision Not To Review
an Initial Determination Finding a
Violation of Section 337; Schedule for
Written Submissions on Remedy,
Bonding, and the Public Interest
International Trade
Commission (ITA).
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 30) issued by the presiding
administrative law judge (‘‘ALJ’’)
finding a violation of section 337 in the
above-captioned investigation. The
Commission has set forth a schedule for
submitting written submissions on the
issues of remedy, bonding, and the
public interest.
FOR FURTHER INFORMATION CONTACT: Jean
H. Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3095. Copies of all nonconfidential
documents filed in connection with this
investigation are or will be 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., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may 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
the matter can be obtained by contacting
the Commission’s TDD terminal on
(202) 205–1810.
SUPPLEMENTARY INFORMATION: This
trademark-based section 337
investigation was instituted by the
Commission based on a complaint filed
by Sanford, L.P. of Freeport, Illinois
(‘‘Sanford’’ or ‘‘complainant’’). 69 FR
52029 (August 24, 2004). The
complaint, as supplemented, alleged
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 ink markers and packaging
thereof by reason of infringement of U.S.
Trademark Registration Nos. 807,818
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
54079
and 2,721,523 and also by reason of
infringement of trade dress. The notice
of investigation identified 12
respondents. On November 10, 2004,
the ALJ granted a motion to add three
respondents to the investigation. The
Commission determined not to review
the ID. 69 FR 75342 (December 16,
2004). Each respondent was accused of
violating Section 337 by infringing
Sanford’s trade dress. Certain
respondents were also accused of
infringing one or more of complainant’s
registered trademarks.
Between November 15, 2004, and
June 1, 2005, the ALJ issued several IDs
terminating various respondents on the
basis of settlement agreements or
consent orders. During that time period
other IDs were issued finding several
other respondents in default. No
petitions for review of any of these IDs
were filed, and the Commission
determined not to review any of them,
thereby allowing them to become the
Commission’s determinations.
On April 19, 2005, Sanford filed a
motion seeking a summary
determination of violation and issuance
of a general exclusion order and a cease
and desist order. On July 25, 2005, the
ALJ issued Order No. 30, an initial
determination (ID) finding violations of
Section 337 and recommending a
general exclusion order and a cease and
desist order. The ALJ also recommended
the issuance of a general exclusion
order. He further recommended that the
bond permitting temporary importation
during the Presidential review period be
set at 100 percent of the value of the
infringing imported product.
On August 5, 2005, Sanford filed a
petition for review of one aspect of
Order No. 30. Specifically, Sanford
sought review of the ID’s finding that
complainant had failed to show
importation with respect to defaulted
respondent LiShui Laike Pen Co., Ltd.
(‘‘LiShui Laike’’). The Commission
investigative attorney (IA) opposed
Sanford’s petition for review. On August
25, 2005, complainant filed a motion for
leave to file a reply to the IA’s petition
for review. The Commission has
determined to deny that motion.
The Commission has determined not
to review Order No. 30, thereby
allowing it to become the Commission’s
final determination.
In connection with the final
disposition of this investigation, the
Commission may issue an order that
could result in the exclusion of the
subject articles from entry into the
United States. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
E:\FR\FM\13SEN1.SGM
13SEN1
54080
Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, it should so indicate and
provide information establishing that
activities involving other types of entry
are either adversely affecting it, or are
likely to do so. For background, see In
the Matter of Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (December 1994)
(Commission Opinion).
When the Commission contemplates
some form of remedy, it must consider
the effects of that remedy upon the
public interest. The factors the
Commission will consider in this
investigation include the effect that an
exclusion order would have on (1) the
public health and welfare, (2)
competitive conditions in the U.S.
economy, (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation,
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
If the Commission orders some form
of remedy, the President has 60 days to
approve or disapprove the
Commission’s action. During this
period, the subject articles would be
entitled to enter the United States under
a bond, in an amount determined by the
Commission and prescribed by the
Secretary of the Treasury. The
Commission is therefore interested in
receiving submissions concerning the
amount of the bond that should be
imposed.
Written Submissions: The parties to
the investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on remedy, the public
interest, and bonding. Such submissions
should address the ALJ’s July 25, 2005,
recommended determinations on the
issues of remedy and bonding.
Complainant and the Commission’s
investigative attorney are also requested
to submit proposed orders for the
Commission’s consideration.
Complainant is further requested to
state the HTSUS numbers under which
the infringing goods are imported. Main
written submissions and proposed
orders must be filed no later than close
of business on September 16, 2005.
Reply submissions, if any, must be filed
no later than the close of business on
September 23, 2005. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
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Persons filing written submissions
must file with the Office of the Secretary
the original document and 14 true
copies thereof on or before the deadlines
stated above. Any person desiring to
submit a document (or portion thereof)
to the Commission in confidence must
request confidential treatment unless
the information has already been
granted such treatment during the
proceedings. All such requests should
be directed to the Secretary of the
Commission and must include a full
statement of the reasons that the
Commission should grant such
treatment. See section 201.6 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 201.6. Documents for
which confidential treatment by the
Commission is sought will be treated
accordingly. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, 19 U.S.C. 1337, and sections
210.42 and 210.50 of the Commission’s
Rules of Practice and Procedure, 19 CFR
210.42 and 210.50.
Issued: September 8, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–18139 Filed 9–12–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–825 and 826
(Review)]
Polyester Staple Fiber From Korea and
Taiwan
International Trade
Commission (ITC).
ACTION: Scheduling of full five-year
reviews concerning the antidumping
duty orders on polyester staple fiber
from Korea and Taiwan.
AGENCY:
SUMMARY: The Commission hereby gives
notice of the scheduling of full reviews
pursuant to section 751(c)(5) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(5))
(the Act) to determine whether
revocation of the antidumping duty
orders on polyester staple fiber from
Korea and Taiwan would be likely to
lead to continuation or recurrence of
material injury within a reasonably
foreseeable time. For further
information concerning the conduct of
these reviews and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
201), and part 207, subparts A, D, E, and
F (19 CFR part 207).
EFFECTIVE DATE: September 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Dana Lofgren (202–205–3185), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On July 5, 2005, the
Commission determined that responses
to its notice of institution of the subject
five-year reviews were such that full
reviews pursuant to section 751(c)(5) of
the Act should proceed (70 FR 41427,
July 19, 2005). A record of the
Commissioners’ votes, the
Commission’s statement on adequacy,
and any individual Commissioner’s
statements are available from the Office
of the Secretary and at the
Commission’s Web site.
Participation in the reviews and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in these reviews as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11 of the
Commission’s rules, by 45 days after
publication of this notice. A party that
filed a notice of appearance following
publication of the Commission’s notice
of institution of the reviews need not
file an additional notice of appearance.
The Secretary will maintain a public
service list containing the names and
addresses of all persons, or their
representatives, who are parties to the
reviews.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in these reviews available to
authorized applicants under the APO
issued in the reviews, provided that the
application is made by 45 days after
E:\FR\FM\13SEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Pages 54079-54080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18139]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-522]
In the Matter of Certain Ink Markers and Packaging Thereof;
Notice of Commission Decision Not To Review an Initial Determination
Finding a Violation of Section 337; Schedule for Written Submissions on
Remedy, Bonding, and the Public Interest
AGENCY: International Trade Commission (ITA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 30) issued by the presiding administrative law
judge (``ALJ'') finding a violation of section 337 in the above-
captioned investigation. The Commission has set forth a schedule for
submitting written submissions on the issues of remedy, bonding, and
the public interest.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3095. Copies of all
nonconfidential documents filed in connection with this investigation
are or will be 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., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may 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 the matter can
be obtained by contacting the Commission's TDD terminal on (202) 205-
1810.
SUPPLEMENTARY INFORMATION: This trademark-based section 337
investigation was instituted by the Commission based on a complaint
filed by Sanford, L.P. of Freeport, Illinois (``Sanford'' or
``complainant''). 69 FR 52029 (August 24, 2004). The complaint, as
supplemented, alleged 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 ink markers and packaging
thereof by reason of infringement of U.S. Trademark Registration Nos.
807,818 and 2,721,523 and also by reason of infringement of trade
dress. The notice of investigation identified 12 respondents. On
November 10, 2004, the ALJ granted a motion to add three respondents to
the investigation. The Commission determined not to review the ID. 69
FR 75342 (December 16, 2004). Each respondent was accused of violating
Section 337 by infringing Sanford's trade dress. Certain respondents
were also accused of infringing one or more of complainant's registered
trademarks.
Between November 15, 2004, and June 1, 2005, the ALJ issued several
IDs terminating various respondents on the basis of settlement
agreements or consent orders. During that time period other IDs were
issued finding several other respondents in default. No petitions for
review of any of these IDs were filed, and the Commission determined
not to review any of them, thereby allowing them to become the
Commission's determinations.
On April 19, 2005, Sanford filed a motion seeking a summary
determination of violation and issuance of a general exclusion order
and a cease and desist order. On July 25, 2005, the ALJ issued Order
No. 30, an initial determination (ID) finding violations of Section 337
and recommending a general exclusion order and a cease and desist
order. The ALJ also recommended the issuance of a general exclusion
order. He further recommended that the bond permitting temporary
importation during the Presidential review period be set at 100 percent
of the value of the infringing imported product.
On August 5, 2005, Sanford filed a petition for review of one
aspect of Order No. 30. Specifically, Sanford sought review of the ID's
finding that complainant had failed to show importation with respect to
defaulted respondent LiShui Laike Pen Co., Ltd. (``LiShui Laike''). The
Commission investigative attorney (IA) opposed Sanford's petition for
review. On August 25, 2005, complainant filed a motion for leave to
file a reply to the IA's petition for review. The Commission has
determined to deny that motion.
The Commission has determined not to review Order No. 30, thereby
allowing it to become the Commission's final determination.
In connection with the final disposition of this investigation, the
Commission may issue an order that could result in the exclusion of the
subject articles from entry into the United States. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be
[[Page 54080]]
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, it should
so indicate and provide information establishing that activities
involving other types of entry are either adversely affecting it, or
are likely to do so. For background, see In the Matter of Certain
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
When the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider in this investigation include the
effect that an exclusion order would have on (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the President has 60
days to approve or disapprove the Commission's action. During this
period, the subject articles would be entitled to enter the United
States under a bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on remedy, the public interest, and bonding.
Such submissions should address the ALJ's July 25, 2005, recommended
determinations on the issues of remedy and bonding. Complainant and the
Commission's investigative attorney are also requested to submit
proposed orders for the Commission's consideration. Complainant is
further requested to state the HTSUS numbers under which the infringing
goods are imported. Main written submissions and proposed orders must
be filed no later than close of business on September 16, 2005. Reply
submissions, if any, must be filed no later than the close of business
on September 23, 2005. No further submissions on these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file with the Office of the
Secretary the original document and 14 true copies thereof on or before
the deadlines stated above. Any person desiring to submit a document
(or portion thereof) to the Commission in confidence must request
confidential treatment unless the information has already been granted
such treatment during the proceedings. All such requests should be
directed to the Secretary of the Commission and must include a full
statement of the reasons that the Commission should grant such
treatment. See section 201.6 of the Commission's Rules of Practice and
Procedure, 19 CFR 201.6. Documents for which confidential treatment by
the Commission is sought will be treated accordingly. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.42 and 210.50 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.42 and
210.50.
Issued: September 8, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-18139 Filed 9-12-05; 8:45 am]
BILLING CODE 7020-02-P
