In the Matter of Certain Tissue Converting Machinery, Including Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation, 10065-10066 [E6-2797]

Download as PDF Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Notices Dated: February 22, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–2781 Filed 2–27–03; 8:45 am] BILLING CODE 3510–DS–S INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–548] In the Matter of Certain Tissue Converting Machinery, Including Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Adding a Complainant and Amending the Notice of Investigation U.S. International Trade Commission. ACTION: Notice. wwhite on PROD1PC65 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) adding Fabio Perini S.p.A. as a complainant and amending the notice of investigation in the abovecaptioned investigation accordingly. FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. Copies of non-confidential 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 also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was instituted by the Commission based on a complaint filed by Fabrio Perini North America Inc. (‘‘Perini-NA’’) of Green Bay, Wisconsin. 70 FR 46884 (August 11, 2005). The complaint alleged violations of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United VerDate Aug<31>2005 17:06 Feb 27, 2006 Jkt 208001 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 and notice of investigation named Chan Li Machinery, Co., Ltd. (‘‘Chan Li’’) of Taipei Hsien, Taiwan as the respondent. On January 17, 2006, Chan Li moved to compel Fabio Perini S.p.A. (‘‘PeriniItaly’’) to join as a complainant, arguing that it is an indispensable party for purposes of this litigation. On January 23, 2006, Perini-NA represented that Perini-Italy consented to joinder as a complainant. The Commission Investigative Staff indicated that it supported adding Perini-Italy as a complainant. On January 25, 2006, the ALJ issued an ID (Order No. 11) adding Perini-Italy as a complainant and amending the notice of investigation accordingly. This action is taken under the authority of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, and Commission Rule 210.42, 19 CFR 210.42. Issued: February 22, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–2796 Filed 2–27–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–548] In the Matter of Certain Tissue Converting Machinery, Including Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainants’ Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) granting complainants’’ motion to amend the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 10065 complaint and notice of investigation in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. Copies of non-confidential 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 also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was instituted by the Commission based on a complaint filed by Fabrio Perini North America Inc. (‘‘Perini-NA’’) of Green Bay, Wisconsin. 70 FR 46884 (August 11, 2005). The complaint alleged violations section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, 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 and notice of investigation named Chan Li Machinery, Co., Ltd. (‘‘Chan Li’’) of Taipei Hsien, Taiwan as the respondent. On November 15, 2005, Perini-NA filed a ‘‘Motion to File a First Amended Complaint’’ to add an additional patent to this investigation, i.e. United States Patent No. 6,948,677 (the ‘‘677 patent’’), which issued on September 27, 2005. On December 5, 2005, the ALJ denied this motion, finding that Perini-NA had failed to provide a sufficient basis to allege that machines practicing the ‘677 patent had been imported or sold since issuance of the patent, or would be imported or sold in the future. On January 4, 2006, Perini-NA filed its ‘‘Renewed Motion to Amend the Complaint and Notice of Investigation’’, based on additional discovery. On January 17, 2006, Chan Li filed its E:\FR\FM\28FEN1.SGM 28FEN1 10066 Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Notices Industries, United States International Trade Commission, Washington, DC 20436. For information on the legal aspects of these investigations, contact William Gearhart of the Office of the General Counsel (202–205–3091; william.gearhart@usitc.gov). General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). Background: On February 2, 2006, the USTR notified the Congress of the President’s intent to enter into negotiations for a free trade agreement (FTA) with the Republic of Korea (Korea). Accordingly, the USTR, pursuant to section 131 of the Trade Act of 1974 (19 U.S.C. 2151), requested the Commission to provide a report including advice as to the probable economic effect of providing duty-free treatment for imports of products of Korea (i) on industries in the United States producing like or directly competitive products, and (ii) on consumers. In preparing the advice, the Issued: February 22, 2006. Commission’s analysis will consider By order of the Commission. each article in chapters 1 through 97 of Marilyn R. Abbott, the Harmonized Tariff Schedule of the Secretary to the Commission. United States for which U.S. tariffs will [FR Doc. E6–2797 Filed 2–27–06; 8:45 am] remain after the United States fully BILLING CODE 7020–02–P implements its Uruguay Round tariff commitments. The import advice will be based on the 2006 Harmonized Tariff INTERNATIONAL TRADE System nomenclature and 2005 trade COMMISSION data. The advice with respect to the removal of U.S. duties on imports from [Inv. Nos. TA–131–032 and TA–2104–021] Korea will assume that any known U.S. U.S.-Republic of Korea Free Trade nontariff barrier will not be applicable Agreement: Advice Concerning the to such imports. The Commission will Probable Economic Effect of Providing note in its report any instance in which Duty-Free Treatment for Imports the continued application of a U.S. nontariff barrier to such imports would AGENCY: United States International result in different advice with respect to Trade Commission. the effect on the removal of the duty. ACTION: Institution of investigations and Also as requested, pursuant to section scheduling of hearing. 2104(b)(2) of the Trade Act of 2002 (19 U.S.C. 3804(b)(2)), the Commission will DATES: Effective Date: February 21, provide advice as to the probable 2006. economic effect of eliminating tariffs on SUMMARY: Following receipt on February imports of certain agricultural products 6, 2006, of a request from the United of Korea on (i) industries in the United States Trade Representative (USTR), the States producing the product concerned, Commission instituted investigation and (ii) the U.S. economy as a whole. Nos. TA–131–032 and TA–2104–021, The Commission expects to provide U.S.-Republic of Korea Free Trade its report to the USTR by July 14, 2006. Agreement: Advice Concerning the The USTR indicated that those sections Probable Economic Effect of Providing of the Commission’s report that relate to Duty-Free Treatment for Imports, under the analysis of probable economic section 131 of the Trade Act of 1974 and effects will be classified and that it also section 2104(b)(2) of the Trade Act of considers the Commission’s report to be 2002. an interagency memorandum containing FOR FURTHER INFORMATION CONTACT: pre-decisional advice and subject to the Information specific to these deliberative process privilege. Public Hearing: A public hearing in investigations may be obtained from connection with these investigations is Jonathan Coleman (202–205–3465; scheduled to begin at 9:30 a.m. on April jonathan.coleman@usitc.gov) or Brad 20, 2006, at the U.S. International Trade Gehrke (202–205–3329; Commission Building, 500 E Street, brad.gehrke@usitc.gov), Office of wwhite on PROD1PC65 with NOTICES opposition to the renewed motion to amend, arguing that the present procedural schedule would not permit it to prepare a proper defense with respect to the new ‘677 patent. On January 17, 2006, the Commission Investigative Staff filed a response in support of Perini-NA’s motion to amend. Chan Li filed a motion for leave to reply to the Staff on January 18, 2006, in which it argued for a postponement of the current deadlines. On January 20, 2006, the ALJ issued an ID (Order No. 10) granting PeriniNA’s motion to amend the complaint and notice of investigation. The ALJ found good cause to add claims 7, 12, 15, and 16 of the ‘677 patent to this investigation. He also found that there is no evidence that an inordinate extension of the procedural schedule or target date would be required by the addition of the ‘677 patent to this investigation. The Commission has determined not to review this ID. VerDate Aug<31>2005 17:06 Feb 27, 2006 Jkt 208001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 SW., Washington, DC. Requests to appear at the public hearing should be filed with the Secretary, no later than 5:15 p.m., March 29, 2006, in accordance with the requirements in the ‘‘Submissions’’ section below. In the event that, as of the close of business on March 29, 2006, no witnesses are scheduled to appear, the hearing will be canceled. Any person interested in attending the hearing as an observer or non-participant may call the Secretary (202–205–2000) after March 29, 2006 to determine whether the hearing will be held. Statements and Briefs: In lieu of or in addition to participating in the hearing, interested parties are invited to submit written statements or briefs concerning these investigations in accordance with the requirements in the ‘‘Submissions’’ section below. Any prehearing briefs or statement should be filed not later than 5:15 p.m., April 3, 2006; the deadline for filing post-hearing briefs or statements is 5:15 p.m., April 27, 2006. Written Submissions: In lieu of or in addition to participating in the hearing, interested parties are invited to submit written statements concerning the matters to be addressed by the Commission in its report on this investigation. Submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. To be assured of consideration by the Commission, written statements related to the Commission’s report should be submitted to the Commission at the earliest practical date and should be received no later than 5:15 p.m., April 27, 2006. 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 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, at least four (4) additional copies must be filed, in which the confidential business 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). Persons with questions regarding electronic filing should contact the E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Notices]
[Pages 10065-10066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2797]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-548]


In the Matter of Certain Tissue Converting Machinery, Including 
Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice 
of Commission Decision Not To Review an Initial Determination Granting 
Complainants' Motion To Amend the Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') 
granting complainants'' motion to amend the complaint and notice of 
investigation in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of non-
confidential 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 also be obtained by accessing its Internet server 
(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. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted by the 
Commission based on a complaint filed by Fabrio Perini North America 
Inc. (``Perini-NA'') of Green Bay, Wisconsin. 70 FR 46884 (August 11, 
2005). The complaint alleged violations section 337 of the Tariff Act 
of 1930, 19 U.S.C. 1337, 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 and notice of 
investigation named Chan Li Machinery, Co., Ltd. (``Chan Li'') of 
Taipei Hsien, Taiwan as the respondent.
    On November 15, 2005, Perini-NA filed a ``Motion to File a First 
Amended Complaint'' to add an additional patent to this investigation, 
i.e. United States Patent No. 6,948,677 (the ``677 patent''), which 
issued on September 27, 2005. On December 5, 2005, the ALJ denied this 
motion, finding that Perini-NA had failed to provide a sufficient basis 
to allege that machines practicing the `677 patent had been imported or 
sold since issuance of the patent, or would be imported or sold in the 
future.
    On January 4, 2006, Perini-NA filed its ``Renewed Motion to Amend 
the Complaint and Notice of Investigation'', based on additional 
discovery. On January 17, 2006, Chan Li filed its

[[Page 10066]]

opposition to the renewed motion to amend, arguing that the present 
procedural schedule would not permit it to prepare a proper defense 
with respect to the new `677 patent. On January 17, 2006, the 
Commission Investigative Staff filed a response in support of Perini-
NA's motion to amend. Chan Li filed a motion for leave to reply to the 
Staff on January 18, 2006, in which it argued for a postponement of the 
current deadlines.
    On January 20, 2006, the ALJ issued an ID (Order No. 10) granting 
Perini-NA's motion to amend the complaint and notice of investigation. 
The ALJ found good cause to add claims 7, 12, 15, and 16 of the `677 
patent to this investigation. He also found that there is no evidence 
that an inordinate extension of the procedural schedule or target date 
would be required by the addition of the `677 patent to this 
investigation. The Commission has determined not to review this ID.

    Issued: February 22, 2006.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-2797 Filed 2-27-06; 8:45 am]
BILLING CODE 7020-02-P