In the Matter of Certain Lighters; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Summary Determination That a Domestic Industry Exists and That There Is a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, Public Interest, and Bonding, 13513-13514 [E7-5175]

Download as PDF Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Notices rwilkins on PROD1PC63 with NOTICES Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired 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 (http:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On March 6, 2007, the Commission determined that the domestic interested party group response to its notice of institution (71 FR 69586, December 1, 2006) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review.1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Act. Staff report.—A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on April 3, 2007, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before April 6, 2007, and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. 2 The Commission has found the responses submitted by Harvard Folding Box Co., Inc., to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Aug<31>2005 16:11 Mar 21, 2007 Jkt 211001 contain any new factual information) pertinent to the review by April 6, 2007. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: March 15, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–5176 Filed 3–21–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–575] In the Matter of Certain Lighters; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants’ Motion for Summary Determination That a Domestic Industry Exists and That There Is a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 13513 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) in the above-captioned investigation granting complainants’’ motion for summary determination that a domestic industry exists and that there is a violation of section 337. The Commission has also issued a briefing schedule for submissions on remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3041. Copies of the public version of the ALJ’s 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) 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: The Commission instituted this investigation on June 20, 2006, based on a complaint, as supplemented, filed by Zippo Manufacturing Company, Inc., of Bradford, Pennsylvania, and ZippMark, Inc. of Wilmington, Delaware (collectively ‘‘Zippo’’), alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighters by reason of infringement of United States Trademark Registration No. 2,606,241 (‘‘the ‘241 mark’’). 71 FR 35450 (June 20, 2006). The complaint further alleged that an industry in the United States exists or is in the process of being established as required by subsection(a)(2) of section 337. Complainants requested that the Commission issue a general exclusion order and cease and desist orders. The ALJ set July 20, 2007, as the target date for completion of the investigation. The complaint named seven respondents: Tung Fong International Promotion Co., Ltd. of Hong Kong; E:\FR\FM\22MRN1.SGM 22MRN1 rwilkins on PROD1PC63 with NOTICES 13514 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Notices Wenzhou Star Smoking Set Co., Ltd. of China; Taizhou Rongshi Lighter Development Co., Ltd. of China; Wenzhou Tailier Smoking Set Co., Ltd. of China; Vista Wholesale of Greencastle, Indiana; beWild.com of Bellmore, New York; and Kalan LP of Landsdowne, Pennsylvania. Respondents Kalan and Wenzhou Star Smoking Set Company were terminated from the investigation on the basis of settlement agreements. The remaining five respondents were found to be in default by the ALJ and the Commission did not review that determination. On November 7, 2006, complainants filed a motion seeking summary determination with respect to the domestic industry requirement and violation of section 337. Complainants also requested that the ALJ recommend a general exclusion order and a 100 percent bond during the Presidential review period. The Commission investigative attorney supported the motion for summary determination and the requested recommendation on remedy and bonding. No respondents responded to the motion. On February 21, 2007, the ALJ issued an ID finding the domestic industry requirement satisfied, finding a violation of section 337, and containing a recommended determination on remedy and bonding. The ALJ found a violation of section 337 based on his conclusion that there are no genuine issues of material fact that respondents’ accused products infringe the ‘241 mark and that a domestic industry exists as required by 19 U.S.C. 1337(a)(2). He recommended issuance of a general exclusion order and that the amount of bond for temporary importation during the Presidential review period be set at 100 percent of the entered value of the articles concerned. No petitions for review were filed and the Commission has determined not to review the ID. In connection with the final disposition of this investigation, the Commission may issue an order that results 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 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, VerDate Aug<31>2005 16:11 Mar 21, 2007 Jkt 211001 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 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. When the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 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 if a remedy is ordered. Written Submissions: 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 be no more than twenty-five (25) pages and should address the recommended determination by the ALJ on remedy and bonding. The complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state 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 March 29, 2007. Reply submissions must be filed no later than the close of business on April 5, 2007. 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 to the Commission in confidence must PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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 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 210.42–46. By order of the Commission. Issued: March 15, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–5175 Filed 3–21–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–07–004] Government in the Sunshine Act Meeting; Notice United States International Trade Commission. TIME AND DATE: March 26, 2007 at 1 p.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. 731–TA–1110 (Preliminary)(Sodium Hexametaphosphate from China)— briefing and vote. (The Commission is currently scheduled to transmit its determination to the Secretary of Commerce on March 26, 2007; Commissioners’ opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before April 2, 2007.). 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: Issued: March 19, 2007. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Pages 13513-13514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5175]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-575]


In the Matter of Certain Lighters; Notice of a Commission 
Determination Not To Review an Initial Determination Granting 
Complainants' Motion for Summary Determination That a Domestic Industry 
Exists and That There Is a Violation of Section 337; Schedule for 
Filing Written Submissions on Remedy, Public Interest, and Bonding

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'') of the presiding administrative law judge (``ALJ'') in the 
above-captioned investigation granting complainants'' motion for 
summary determination that a domestic industry exists and that there is 
a violation of section 337. The Commission has also issued a briefing 
schedule for submissions on remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of the 
public version of the ALJ's 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) 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: The Commission instituted this investigation 
on June 20, 2006, based on a complaint, as supplemented, filed by Zippo 
Manufacturing Company, Inc., of Bradford, Pennsylvania, and ZippMark, 
Inc. of Wilmington, Delaware (collectively ``Zippo''), alleging 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain lighters by reason of 
infringement of United States Trademark Registration No. 2,606,241 
(``the `241 mark''). 71 FR 35450 (June 20, 2006). The complaint further 
alleged that an industry in the United States exists or is in the 
process of being established as required by subsection(a)(2) of section 
337. Complainants requested that the Commission issue a general 
exclusion order and cease and desist orders. The ALJ set July 20, 2007, 
as the target date for completion of the investigation.
    The complaint named seven respondents: Tung Fong International 
Promotion Co., Ltd. of Hong Kong;

[[Page 13514]]

Wenzhou Star Smoking Set Co., Ltd. of China; Taizhou Rongshi Lighter 
Development Co., Ltd. of China; Wenzhou Tailier Smoking Set Co., Ltd. 
of China; Vista Wholesale of Greencastle, Indiana; beWild.com of 
Bellmore, New York; and Kalan LP of Landsdowne, Pennsylvania. 
Respondents Kalan and Wenzhou Star Smoking Set Company were terminated 
from the investigation on the basis of settlement agreements. The 
remaining five respondents were found to be in default by the ALJ and 
the Commission did not review that determination.
    On November 7, 2006, complainants filed a motion seeking summary 
determination with respect to the domestic industry requirement and 
violation of section 337. Complainants also requested that the ALJ 
recommend a general exclusion order and a 100 percent bond during the 
Presidential review period. The Commission investigative attorney 
supported the motion for summary determination and the requested 
recommendation on remedy and bonding. No respondents responded to the 
motion.
    On February 21, 2007, the ALJ issued an ID finding the domestic 
industry requirement satisfied, finding a violation of section 337, and 
containing a recommended determination on remedy and bonding. The ALJ 
found a violation of section 337 based on his conclusion that there are 
no genuine issues of material fact that respondents' accused products 
infringe the `241 mark and that a domestic industry exists as required 
by 19 U.S.C. 1337(a)(2). He recommended issuance of a general exclusion 
order and that the amount of bond for temporary importation during the 
Presidential review period be set at 100 percent of the entered value 
of the articles concerned. No petitions for review were filed and the 
Commission has determined not to review the ID.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that results 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 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). 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 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. When the Commission 
orders some form of remedy, the U.S. Trade Representative, as delegated 
by the President, has 60 days to approve or disapprove the Commission's 
action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 
26, 2005). 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 if a remedy is ordered.
    Written Submissions: 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 be no more than twenty-five (25) 
pages and should address the recommended determination by the ALJ on 
remedy and bonding. The complainants and the Commission investigative 
attorney are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainants are also requested to state 
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 March 29, 2007. Reply submissions must be 
filed no later than the close of business on April 5, 2007. 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 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 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 210.42-46.

    By order of the Commission.

    Issued: March 15, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-5175 Filed 3-21-07; 8:45 am]
BILLING CODE 7020-02-P