In the Matter of Certain Nickel Metal Hydride Consumer Batteries, Components Thereof, and Consumer Electronic Products Containing Same; Notice of Investigation, 51211-51212 [E6-14306]
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices
declined to review the ALJ’s
determination that respondent
Sinochem, the only respondent named
in the investigation, defaulted.
On August 9, 2006, Roadmaster filed
a declaration requesting immediate
relief in the form of a limited exclusion
order against the defaulting respondent.
Section 337(g)(1) (19 U.S.C. 1337(g)(1))
and Commission Rule 210.16(c) (19 CFR
210.16(c)) authorize the Commission to
order limited relief against a respondent
found in default, unless after
consideration of the public interest
factors, it finds that such relief should
not issue. The Commission may (1)
issue an order that could result in the
exclusion of the subject articles from
entry into the United States, and/or (2)
issue one or more cease and desist
orders that could result in the
respondent being required to cease and
desist from engaging in unfair acts in
the importation and sale of such
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry are either adversely
affecting it or 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).
If 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 include the effect that an
exclusion order and/or cease and desist
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
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
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amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to
the investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding.
Complainant and the investigative
attorney are also requested to submit
proposed remedial orders for the
Commission’s consideration.
Complainant is requested to state the
dates that the intellectual property
rights at issue expire and the HTSUS
numbers under which the accused
products are imported. The written
submissions and proposed remedial
orders must be filed no later than close
of business on September 6, 2006. Reply
submissions must be filed no later than
the close of business on September 13,
2006. No further submissions on these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. 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 why the
Commission should grant such
treatment. See 19 CFR 210.5. 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.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
§§ 210.16 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.16 and 210.50).
Issued: August 23, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–14269 Filed 8–28–06; 8:45 am]
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51211
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–579]
In the Matter of Certain Nickel Metal
Hydride Consumer Batteries,
Components Thereof, and Consumer
Electronic Products Containing Same;
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
26, 2006, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Ovonic Battery
Company, Inc. of Rochester Hills,
Michigan. A supplement was filed on
August 17, 2006. The complaint, as
supplemented, 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 nickel metal
hydride consumer batteries,
components thereof, and consumer
electronic products containing same by
reason of infringement of one or more of
claims 11–13, 18, and 19 of U.S. Patent
No. 5,536,591. The complaint further
alleges that an industry in the United
States exists 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:
Thomas S. Fusco, Esq., Office of Unfair
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51212
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2571.
jlentini on PROD1PC65 with NOTICES
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in § 210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2006).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 22, 2006, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain nickel metal
hydride consumer batteries,
components thereof, and consumer
electronic products containing same by
reason of infringement of one or more of
claims 11–13, 18, and 19 of U.S. Patent
No. 5,536,591, and whether an industry
in the United States exists as required
by subsection (a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is—
Ovonic Battery Company, Inc., 2968
Waterview Drive, Rochester Hills, MI
48309.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Varta Aktiengesellschaft, Am Leineufer
51, 30419 Hanover, Germany.
Varta Microbattery GmbH, Daimlerstr. 1,
Ellwangen Germany 73479.
Varta Microbattery, Inc., 1311
Mamaroneck Avenue, Suite 120,
White Plains, New York 10605.
(c) The Commission investigative
attorney, party to this investigation, is
Thomas S. Fusco, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Honorable Sidney Harris is
designated as the presiding
administrative law judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
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responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of a limited exclusion order or
cease and desist order or both directed
against the respondent.
By order of the Commission.
Issued: August 24, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–14306 Filed 8–28–06; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–477]
Sub-Saharan Africa: Factors Affecting
Trade Patterns of Selected Industries
United States International
Trade Commission.
ACTION: Institution of investigation and
scheduling of hearing.
AGENCY:
SUMMARY: Following receipt on July 27,
2006 of a request from the United States
Trade Representative (USTR) under
section 332(g) of the Tariff Act of 1930
(19 U.S.C. 1332(g)), the U.S.
International Trade Commission (‘‘the
Commission’’) instituted investigation
No. 332–477, Sub-Saharan Africa:
Factors Affecting Trade Patterns of
Selected Industries.
EFFECTIVE DATE: August 18, 2006.
Background: As requested by the
USTR, the Commission will conduct an
investigation under section 332(g) and
prepare three annual reports providing
certain information on the competitive
factors affecting industries within SubSaharan Africa (SSA) that have
experienced significant shifts in exports.
In each of the reports, the
Commission will provide an overview
of the trends in SSA exports in the (1)
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Agriculture, (2) mining and
manufacturing, and (3) services sectors,
as well as profiles of SSA industries
within those sectors that produce
products (as identified by the USTR)
that have shown significant export shifts
in recent years. The reports will be
based on the most recent 5-year period
for which data are available.
Each industry profile will provide the
following information, to the extent data
are available:
• A description of the leading
industries within SSA that export the
subject products, including their
position relative to global competitors;
• Identification of the leading SSA
exporting countries and their key
markets; and
• Analysis of the competitive factors,
by country, that have contributed to the
shift in exports. (Such factors may
include access to inputs, labor,
technology, investment, trade policiese.g., tariffs and trade preference
programs such as the African Growth
and Opportunity Act (AGOA),
privatization, and liberalization.)
As specified in the USTR’s letter, the
first annual report will cover industries
producing the following products: (1)
Agriculture—cut flowers, cocoa butter
and paste, nuts (coconuts, Brazil nuts,
and cashews), and prepared and
preserved fish; (2) mining and
manufacturing—acyclic alcohol,
unwrought aluminum, textiles and
apparel, petroleum gas (liquified natural
gas), flat-rolled steel, and wood veneer
sheets; and (3) services—financial
services and tourism.
The Commission expects to deliver
the first annual report to the USTR by
April 3, 2007. The second and third
reports will be delivered 12 and 24
months, respectively, after delivery of
the first annual report.
The Commission anticipates that
industry coverage for the subsequent
reports will be determined in
consultation with the USTR no later
than 2 months after delivery of the
previous year’s report.
FOR FURTHER INFORMATION CONTACT:
Project Leader: Brad C. Gehrke (202–
3329 or brad.gehrke@usitc.gov). Deputy
Project Leader: Joanne E. Guth (202–
205–3264 or joanne.guth@usitc.gov).
Industry-specific information may be
obtained from the above persons. For
more information on legal aspects of the
investigation, contact William Gearhart
of the Commission’s Office of the
General Counsel at 202–205–3091 or
william.gearhart@usitc.gov. The media
should contact Margaret O’Laughlin,
Office of External Relations at 202–205–
1819 or margaret.olaughlin@usitc.gov.
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[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Notices]
[Pages 51211-51212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14306]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-579]
In the Matter of Certain Nickel Metal Hydride Consumer
Batteries, Components Thereof, and Consumer Electronic Products
Containing Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 26, 2006, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ovonic Battery Company, Inc. of Rochester Hills, Michigan. A supplement
was filed on August 17, 2006. The complaint, as supplemented, 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 nickel metal hydride consumer batteries,
components thereof, and consumer electronic products containing same by
reason of infringement of one or more of claims 11-13, 18, and 19 of
U.S. Patent No. 5,536,591. The complaint further alleges that an
industry in the United States exists 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: Thomas S. Fusco, Esq., Office of
Unfair
[[Page 51212]]
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2571.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in Sec. 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2006).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 22, 2006, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain nickel metal
hydride consumer batteries, components thereof, and consumer electronic
products containing same by reason of infringement of one or more of
claims 11-13, 18, and 19 of U.S. Patent No. 5,536,591, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--
Ovonic Battery Company, Inc., 2968 Waterview Drive, Rochester Hills, MI
48309.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Varta Aktiengesellschaft, Am Leineufer 51, 30419 Hanover, Germany.
Varta Microbattery GmbH, Daimlerstr. 1, Ellwangen Germany 73479.
Varta Microbattery, Inc., 1311 Mamaroneck Avenue, Suite 120, White
Plains, New York 10605.
(c) The Commission investigative attorney, party to this
investigation, is Thomas S. Fusco, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of a limited exclusion
order or cease and desist order or both directed against the
respondent.
By order of the Commission.
Issued: August 24, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-14306 Filed 8-28-06; 8:45 am]
BILLING CODE 7020-02-P
