In the Matter of Certain Male Prophylactic Devices; Notice of Commission Determination To Review a Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date, 58875-58877 [E6-16514]

Download as PDF Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Notices Dated: September 28, 2006. John P. Lee, Chief Cadastral Surveyor, Division of Support Services. [FR Doc. E6–16481 Filed 10–4–06; 8:45 am] DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR–936–1430–ET; HAG–07–0001; OR– 59658] BILLING CODE 4467–22–P DEPARTMENT OF THE INTERIOR Notice of Proposed Withdrawal and Opportunity for Public Meeting; Oregon; Correction Bureau of Land Management AGENCY: Bureau of Land Management, Interior. ACTION: Correction. [ES–960–1420–BJ–TRST] Bureau of Land Management, Interior. ACTION: Notice of filing of plat of survey; Wisconsin. mstockstill on PROD1PC61 with NOTICES AGENCY: SUMMARY: The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: Cadastral Survey. SUPPLEMENTARY INFORMATION: This survey was requested by the Bureau of Indian Affairs. The lands we surveyed are: Fourth Principal Meridian, Wisconsin T. 51 N., R. 3 W. The plat of survey represents the dependent resurvey of a portion of the north boundary, a portion of the west boundary, a portion of the subdivisional lines; and the survey of the subdivision of certain sections, and the corrective dependent resurvey of a portion of the west boundary and a portion of the subdivisional lines Township 51 North, Range 3 West, of the 5th Principal Meridian, in the State of Wisconsin, and was accepted September 27, 2005. We will place a copy of the plat we described in the open files. It will be available to the public as a matter of information. If BLM receives a protest against this survey, as shown on the plat, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file the plat until the day after we have accepted or dismissed all protests and they have become final, including decisions on appeals. Dated: September 27, 2006. Michael W. Young, Chief Cadastral Surveyor. [FR Doc. E6–16454 Filed 10–4–06; 8:45 am] BILLING CODE 4310–GJ–P VerDate Aug<31>2005 15:42 Oct 04, 2006 Jkt 211001 In Federal Register notice document # 05–19132 filed 9–23–05; 8:45 a.m., beginning on page 56187, in issue published Monday, September 26, 2005, the following correction is made: On page 56187, in the second column, the legal description in the twentysecond line under Sec. 10, which reads ‘‘NW1⁄4 SE1⁄4 NW1⁄4 W1⁄2 SW1⁄4 SE1⁄4 NW1⁄4’’ is hereby corrected to read ‘‘NW1⁄4SE1⁄4NW1⁄4, W1⁄2 SW1⁄4 SE1⁄4 NW1⁄4.’’ SUMMARY: Group No. 166, Wisconsin; Eastern States: Filing of Plat of Survey Patrick H. Geehan, Acting Chief, Branch of Lands and Minerals, Oregon/Washington. [FR Doc. E6–16467 Filed 10–4–06; 8:45 am] BILLING CODE 4310–33–P 58875 Marsh Road, Yakima, WA, 98901; 509– 575–5848, extension 267. SUPPLEMENTARY INFORMATION: The purpose of the meeting will be to review the option of using the acquired habitat lands to mitigate the impacts that occur from the planned conservation measures and develop recommendations. This meeting is open to the public. Dated: September 29, 2006. James A. Esget, Program Manager, Pacific Northwest Region. [FR Doc. 06–8501 Filed 10–14–06; 8:45 am] BILLING CODE 4310–MN–M INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–546] In the Matter of Certain Male Prophylactic Devices; Notice of Commission Determination To Review a Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date U.S. International Trade Commission. ACTION: Notice. AGENCY: DEPARTMENT OF THE INTERIOR Bureau of Reclamation Meeting of the Yakima River Basin Conservation Advisory Group, Yakima River Basin Water Enhancement Project, Yakima, Washington Bureau of Reclamation, Interior. ACTION: Notice of meeting. AGENCY: SUMMARY: As required by the Federal Advisory Committee Act, notice is hereby given that the Yakima River Basin Conservation Advisory Group, Yakima River Basin Water Enhancement Project, Yakima, Washington, established by the Secretary of the Interior, will hold a public meeting. The purpose of the Conservation Advisory Group is to provide technical advice and counsel to the Secretary of the Interior and Washington State on the Structure, implementation, and oversight of the Yakima River Basin Water Conservation Program. DATES: Thursday, November 2, 2006, 10 a.m.–4 p.m. ADDRESSES: Bureau of Reclamation Office, 1917 Marsh Road, Yakima, WA, 98901. FOR FURTHER INFORMATION CONTACT: Mr. James Esget, Manager, Yakima River Basin Water Enhancement Project, 1917 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on June 30, 2006, in the above-captioned investigation. The Commission has also determined to extend the target date for completion of the investigation until December 5, 2006. FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3116. The public version of the ALJ’s final ID and all other 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 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–ON–LINE) at http://edis.usitc.gov. Hearing-impaired E:\FR\FM\05OCN1.SGM 05OCN1 58876 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Notices persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. This investigation was instituted on August 5, 2005, based on a complaint filed on behalf of Portfolio Technologies, Inc., of Chicago, Illinois. 70 FR 45422. The complaint, as amended and supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 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 male prophylactic devices by reason of infringement of claims 1–27, 31–33, and 36 of U.S. Patent No. 5,082,004 (‘‘the ‘004 patent’’). The respondents named in the investigation are Church & Dwight Co., Inc., of Princeton, New Jersey; Reddy Medtech, Ltd., of Tamil Nadu, India; and Intellx, Inc., of Petoskey, Michigan. On June 30, 2006, the ALJ issued a final ID in which he ruled that there is no violation of section 337 of the Tariff Act of 1930, as amended. All parties have petitioned for review of various parts of the final ID. Having examined the record in this investigation, including the ALJ’s final ID, the petitions for review, and the responses thereto, the Commission has determined to review the issues of claim construction, invalidity due to anticipation, infringement, and domestic industry. On review, the Commission requests briefing on these issues based on the evidentiary record. The Commission is particularly interested in briefing on the following subissues: (1) The proper treatment of functional limitations in the asserted claims of the ‘004 patent, (2) whether the use of ‘‘theoretical constructs’’ to construe claim terms is appropriate, including whether the use of theoretical constructs to interpret claims would raise any issues under 35 U.S.C. 112, second paragraph; (3) the effect that the parties’ proposed claim constructions may have on the resolution of issues concerning anticipation, infringement, and the technical prong of the domestic industry; (4) whether the ID properly applied Commission precedent to determine that complainant had not met the economic prong of the domestic industry requirement; and (5) whether the ID gave appropriate weight to the evidence complainant proffered to prove that a domestic industry exists under the economic prong. The Commission also requests that the mstockstill on PROD1PC61 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:42 Oct 04, 2006 Jkt 211001 parties include responses to the following question in their submissions: 1. Whether the ID’s construction of ‘‘elongated tubular portion’’ to consist of both a physical tube-like structure and a theoretical tube-like structure improperly reads out of the claims the limitation that the ‘‘tubular portion’’ be ‘‘formed of thin membrane.’’ 2. Whether a finding that the preferred embodiment depicted in Figure 10 of the ‘004 patent is not covered by any of the patent claims, as argued by Respondents, is permissible given the Federal Circuit’s statement that a claim interpretation that altogether excludes a preferred embodiment from practicing any claims of the patent is ‘‘rarely, if ever, correct.’’ Pfizer, Inc. v. Teva Pharmaceuticals, USA, Inc., 429 F. 3d 1364, 1374 (Fed. Cir. 2005) (internal quotes omitted). 3. Whether the ID, in finding no infringement of claims 22 or 25, took into consideration all the undisputed evidence in the record regarding the thickness of the Twisted Pleasure. 4. Whether the undisputed evidence in the record (whether or not credited by the ALJ), in addition to the facts found by the ALJ that go to the existence of a domestic industry, are sufficient to support a finding that Complainant satisfied the economic prong of the domestic industry requirement. In connection with the final disposition of this investigation, 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 respondents 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 either are 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 orders would have on (1) The public PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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 amount of the bond that should be imposed. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation. 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. Such submissions should address the June 30, 2006, recommended determination by the ALJ on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to provide the expiration date of the ‘004 patent and state the HTSUS number under which the accused articles are imported. The written submissions and proposed remedial orders must be filed no later than close of business on October 16, 2006. Reply submissions must be filed no later than the close of business on October 23, 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 E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Notices Commission should grant such treatment. See § 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. 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 sections 210.42–.46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–210.46). By order of the Commission. Issued: September 29, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–16514 Filed 10–4–06; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1458] Meeting of the Federal Advisory Committee on Juvenile Justice Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Justice. ACTION: Notice of meeting. AGENCY: SUMMARY: The Office of Juvenile Justice and Delinquency Prevention is announcing the spring meeting of the Federal Advisory Committee on Juvenile Justice (FACJJ), which will be held in Columbia, SC on October 23–24, 2006. The meeting times and location are noted below. DATES: The schedule of events is as follows: mstockstill on PROD1PC61 with NOTICES 1. Monday, October 23, 2006. 8:30 a.m.–12:30 p.m. Welcome, Call to Order and Introductory Remarks. Review, Discussion and Deliberation of the 2006 Final Draft Reports to the President, Congress, and the Administrator of OJJDP (Open Sessions). 12:30 p.m.–1:45 p.m. Regional and Topical Discussions (Closed Sessions). 1:45 p.m.–2:20 p.m. Subcommittee Meetings and Report Outs (Open Sessions). 2:20 p.m.–4 p.m. Review of State Summaries and Discussion of 2007 Preliminary Report Topics and Small Group Discussions (Open Sessions). 4 p.m.–5 p.m. State Announcements, Other Business and Summary Remarks (Open Session). VerDate Aug<31>2005 15:42 Oct 04, 2006 Jkt 211001 2. Tuesday, October 24, 2006. 8 a.m–12 p.m. Presentations: Topics to Be Determined (Open Session). 12 p.m.–12:30 p.m. Summary and Closing Remarks (Open Session). ADDRESSES: The meeting will be held at the National Advocacy Center, 1620 Pendleton Street, Columbia, SC 29201. FOR FURTHER INFORMATION CONTACT: Robin Delany-Shabazz, Designated Federal Official, OJJDP, Robin.DelanyShabazz@usdoj.gov, or 202–307–9963. SUPPLEMENTARY INFORMATION: The Federal Advisory Committee on Juvenile Justice (FACJJ), established pursuant to Section 3(2)A of the Federal Advisory Committee Act (5 U.S.C. App.2) will meet to carry out its advisory functions under Section 223(f)(2)(C–E) of the Juvenile Justice and Delinquency Prevention Act of 2002. The FACJJ is composed of one representative from each state and territory. FACJJ duties include: reviewing Federal policies regarding juvenile justice and delinquency prevention; advising the OJJDP Administrator with respect to particular functions and aspects of OJJDP; and advising the President and Congress with regard to State perspectives on the operation of OJJDP and Federal legislation pertaining to juvenile justice and delinquency prevention. More information, including a member list, may be found at http://www.facjj.org. For security purposes, members of the public who wish to attend open sessions should register by sending a fax with their name, affiliation, address, phone number, and a list of sessions they plan to attend to 703–738–9149, attention: Daryel Dunston. [Note: this is not a tollfree number.] Because space is limited, notification of intent to attend should be sent by October 17, 2006. Note: Photo identification will be required for admission. Additional identification documents may be required. Written Comments: Interested parties may submit written comments by Tuesday, October 17, 2006, to Robin Delany-Shabazz, Designated Federal Official for the Federal Advisory Committee on Juvenile Justice, OJJDP, at Robin.Delany-Shabazz@usdoj.gov, or by fax to 202–354–4063. [Note: this is not a toll-free number.] No oral presentations will be permitted though written questions or comments from the public may be invited. Dated: September 29, 2006. Marilyn Roberts, Deputy Administrator, Office of Juvenile Justice and Delinquency Prevention. [FR Doc. E6–16457 Filed 10–4–06; 8:45 am] BILLING CODE 4410–18–P PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 58877 DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification The following parties have filed petitions to modify the application of 30 CFR 75.1714–4(a), (b), (c), (d), and (e) (Additional Self-Contained SelfRescuers), for their anthracite underground coal mines, under section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44: (1) Orchard Coal Company, Orchard Slope Mine, 214 Vaux Road, Tremont Pennsylvania 17981 (MSHA I.D. No. 36– 08346), located in Schuylkill County, Pennsylvania. [Docket No. M–2006–031–C] (2) R S & W Coal Company, Inc., R S & W Slope Mine; 207 Creek Road, Klingerstown, Pennsylvania 17941 (MSHA I.D. No. 36–01818), located in Schuylkill County, Pennsylvania. [Docket No. M–2006–032–C] (3) S & M Coal Company, Buck Mountain Slope Mine, 1744 E. Grand Avenue, Tower City, Pennsylvania 17980 (MSHA I.D. No. 36–02022), located in Dauphin County, Pennsylvania. [Docket No. M–2006–040–C] (4) FKZ Coal Company, No. 1 Slope Mine, P.O. Box 62, Locust Gap, Pennsylvania 17840 (MSHA I.D. No. 36– 08637), located in Northumberland County, Pennsylvania. [Docket No. M–2006–048–C] (5) Tito Coal Company, No. 2 Slope Mine, 118 Fairview Lane, Williamstown, Pennsylvania 17098 (MSHA I.D. No. 36–06815), located in Northumberland County, Pennsylvania. [Docket No. M–2006–052–C] (6) D & D Coal Company, Primrose Slope Mine, D & D Coal Company, 409 W. Centre Street, Donaldson, Pennsylvania 17981 (MSHA I.D. No. 36– 08341), located in Schuylkill County, Pennsylvania. [Docket No. M–2006–055–C] These petitioners request a modification of the existing standard to eliminate the requirement for providing an additional self-contained self-rescue (SCSR) device, and to eliminate the requirement for providing additional SCSRs on mantrips or mobile equipment and in alternate and primary escapeways. The petitioners state that: (i) An SCSR has never been used in an anthracite mine and no statistical data exists to support the need to use an SCSR; E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Notices]
[Pages 58875-58877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16514]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-546]


In the Matter of Certain Male Prophylactic Devices; Notice of 
Commission Determination To Review a Final Initial Determination in 
Part; Schedule for Filing Written Submissions on the Issues Under 
Review and on Remedy, the Public Interest, and Bonding; Extension of 
Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on June 30, 2006, in the above-captioned investigation. The 
Commission has also determined to extend the target date for completion 
of the investigation until December 5, 2006.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3116. The public version 
of the ALJ's final ID and all other 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 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-ON-LINE) at http://edis.usitc.gov. Hearing-impaired

[[Page 58876]]

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 on August 
5, 2005, based on a complaint filed on behalf of Portfolio 
Technologies, Inc., of Chicago, Illinois. 70 FR 45422. The complaint, 
as amended and supplemented, alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 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 male prophylactic devices by 
reason of infringement of claims 1-27, 31-33, and 36 of U.S. Patent No. 
5,082,004 (``the `004 patent''). The respondents named in the 
investigation are Church & Dwight Co., Inc., of Princeton, New Jersey; 
Reddy Medtech, Ltd., of Tamil Nadu, India; and Intellx, Inc., of 
Petoskey, Michigan.
    On June 30, 2006, the ALJ issued a final ID in which he ruled that 
there is no violation of section 337 of the Tariff Act of 1930, as 
amended. All parties have petitioned for review of various parts of the 
final ID.
    Having examined the record in this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the issues of claim 
construction, invalidity due to anticipation, infringement, and 
domestic industry.
    On review, the Commission requests briefing on these issues based 
on the evidentiary record. The Commission is particularly interested in 
briefing on the following subissues: (1) The proper treatment of 
functional limitations in the asserted claims of the `004 patent, (2) 
whether the use of ``theoretical constructs'' to construe claim terms 
is appropriate, including whether the use of theoretical constructs to 
interpret claims would raise any issues under 35 U.S.C. 112, second 
paragraph; (3) the effect that the parties' proposed claim 
constructions may have on the resolution of issues concerning 
anticipation, infringement, and the technical prong of the domestic 
industry; (4) whether the ID properly applied Commission precedent to 
determine that complainant had not met the economic prong of the 
domestic industry requirement; and (5) whether the ID gave appropriate 
weight to the evidence complainant proffered to prove that a domestic 
industry exists under the economic prong. The Commission also requests 
that the parties include responses to the following question in their 
submissions:
    1. Whether the ID's construction of ``elongated tubular portion'' 
to consist of both a physical tube-like structure and a theoretical 
tube-like structure improperly reads out of the claims the limitation 
that the ``tubular portion'' be ``formed of thin membrane.''
    2. Whether a finding that the preferred embodiment depicted in 
Figure 10 of the `004 patent is not covered by any of the patent 
claims, as argued by Respondents, is permissible given the Federal 
Circuit's statement that a claim interpretation that altogether 
excludes a preferred embodiment from practicing any claims of the 
patent is ``rarely, if ever, correct.'' Pfizer, Inc. v. Teva 
Pharmaceuticals, USA, Inc., 429 F. 3d 1364, 1374 (Fed. Cir. 2005) 
(internal quotes omitted).
    3. Whether the ID, in finding no infringement of claims 22 or 25, 
took into consideration all the undisputed evidence in the record 
regarding the thickness of the Twisted Pleasure.
    4. Whether the undisputed evidence in the record (whether or not 
credited by the ALJ), in addition to the facts found by the ALJ that go 
to the existence of a domestic industry, are sufficient to support a 
finding that Complainant satisfied the economic prong of the domestic 
industry requirement.
    In connection with the final disposition of this investigation, 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 
respondents 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 either are 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 orders 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 amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submissions 
should be concise and thoroughly referenced to the record in this 
investigation. 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. Such submissions should address the June 30, 2006, recommended 
determination by the ALJ on remedy and bonding. Complainant and the 
Commission investigative attorney are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is 
further requested to provide the expiration date of the `004 patent and 
state the HTSUS number under which the accused articles are imported. 
The written submissions and proposed remedial orders must be filed no 
later than close of business on October 16, 2006. Reply submissions 
must be filed no later than the close of business on October 23, 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

[[Page 58877]]

Commission should grant such treatment. See Sec.  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.
    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 sections 210.42-.46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-210.46).

    By order of the Commission.

    Issued: September 29, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-16514 Filed 10-4-06; 8:45 am]
BILLING CODE 7020-02-P