Raw Flexible Magnets From China and Taiwan, 55248-55249 [E7-19183]

Download as PDF 55248 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices jlentini on PROD1PC65 with NOTICES posthearing briefs is Wednesday, December 5, 2007; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before December 5, 2007. On December 19, 2007, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before December 21, 2007, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also 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). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (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: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. VerDate Aug<31>2005 17:12 Sep 27, 2007 Jkt 211001 Issued: September 25, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–19182 Filed 9–27–07; 8:45 am] E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: September 21, 2007. BILLING CODE 7020–02–P FOR FURTHER INFORMATION CONTACT: Olympia Hand (202–205–3182), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background. These investigations are being instituted in response to a petition filed on September 21, 2007, by Magnum Magnetics Corp., Marietta, OH. Participation in the investigations and public service list. Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission countervailing duty and antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–452 and 731– TA–1129–1130 (Preliminary)] Raw Flexible Magnets From China and Taiwan United States International Trade Commission. ACTION: Institution of countervailing duty investigation and antidumping duty investigations and scheduling of preliminary phase investigations. AGENCY: SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty and antidumping duty investigations Nos. 701–TA–452 and 731–TA–1129–1130 (Preliminary) under section 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a)) (the Act) and section 733(a) (19 U.S.C. 1673b(a)) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China and Taiwan of raw flexible magnets, provided for in subheadings 8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China,1 and that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)) or 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach preliminary determinations in countervailing duty and antidumping investigations in 45 days, or in these cases by November 5, 2007. The Commission’s views are due at Commerce within five business days thereafter, or by November 13, 2007. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through 1 Raw flexible magnets were provided for in HTS subheading 8505.19.0040 (prior to December 19, 2004). PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices Secretary for those parties authorized to receive BPI under the APO. Conference. The Commission’s Director of Operations has scheduled a conference in connection with these investigations for 9:30 a.m. on October 12, 2007, at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC. Parties wishing to participate in the conference should contact Olympia Hand (202–205–3182) not later than October 9, 2007, to arrange for their appearance. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions. As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before October 17, 2007, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain 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 Fed. Reg. 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 investigations must be served on all other parties to the investigations (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: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. VerDate Aug<31>2005 17:12 Sep 27, 2007 Jkt 211001 By order of the Commission. Issued: September 25, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–19183 Filed 9–27–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–604] In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof; Notice of Commission Determination To Review and Vacate an Initial Determination Denying a Motion To Terminate the Investigation With Regard to Three Patents U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review and vacate an initial determination (‘‘ID’’) (Order No. 11) of the presiding administrative law judge (‘‘ALJ’’) in the above-captioned investigation denying a motion to terminate the investigation as to United States Patent Nos. 4,980,463, 5,470,969, and 5,034,551. FOR FURTHER INFORMATION CONTACT: James Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2065. 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 at 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 May 10, 2007, based upon a complaint filed on behalf of Tate & Lyle Technology Ltd. of London, United Kingdom, and Tate & Lyle Sucralose, Inc. of Decatur, Illinois (collectively, ‘‘Tate & Lyle’’). The complaint alleged a PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 55249 violation of section 337(a)(1)(B) 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 sucralose, sweeteners containing sucralose, and related intermediate compounds thereof by reason of infringement of various claims of United States Patent Nos. 4,980,463 (‘‘the ’463 patent’’), 5,470,969 (‘‘the ’969 patent’’), 5,034,551 (‘‘the ’551 patent’’), 5,498,709, and 7,049,435. The notice of investigation named twenty-five respondents. On June 12, 2007, respondents Changzhou Niutang Chemical Plant Co., Ltd.; U.S. Niutang Chemical, Inc.; Garuda International Inc.; Guangdong Food Industry Institute; and L&P Food Ingredient Co., Ltd. (collectively, ‘‘Changzhou’’) filed a motion to terminate the investigation with respect to the ’463 patent, the ’969 patent, and the ’551 patent. Several other respondents joined Changzhou’s motion to terminate. Tate & Lyle opposed the motion. The Commission investigative attorney (‘‘IA’’) supported the motion with respect to the ’551 patent, but not with respect to the ’463 patent or the ’969 patent. On August 8, 2007, the ALJ issued an ID (Order No. 11), denying Changzhou’s motion to terminate the investigation with regard to the ’463 patent, the ’969 patent, and the ’551 patent. The ALJ issued his order in the form of an ID under 19 CFR 210.42, pursuant to the notice of investigation. The complainants, certain respondents, and the Commission investigative attorney filed petitions for review of Order No. 11. Having examined the record of this investigation, including the ALJ’s ID and the submissions of the parties, the Commission has determined to review and vacate the ALJ’s ID. The issues raised by Changzhou’s motion, including whether the importation of the finished product alone (sucralose) constitutes a violation of section 337 based on the ’463, ’969, and ’551 patents, and the ID, including whether trace amounts of an intermediate product or catalyst in the imported product can constitute a violation of section 337, may be addressed in the final initial determination (or earlier, if appropriate). In addressing these issues, the parties and the ALJ should consider the following: 1. The amount of any subject product which has been or is currently being imported. 2. Whether there is a difference in effective scope between 35 U.S.C. 271(g) E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55248-55249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19183]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-452 and 731-TA-1129-1130 (Preliminary)]


Raw Flexible Magnets From China and Taiwan

AGENCY: United States International Trade Commission.

ACTION: Institution of countervailing duty investigation and 
antidumping duty investigations and scheduling of preliminary phase 
investigations.

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

SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty and antidumping duty investigations Nos. 701-TA-452 and 731-TA-
1129-1130 (Preliminary) under section 703(a) of the Tariff Act of 1930 
(19 U.S.C. 1671b(a)) (the Act) and section 733(a) (19 U.S.C. 1673b(a)) 
to determine whether there is a reasonable indication that an industry 
in the United States is materially injured or threatened with material 
injury, or the establishment of an industry in the United States is 
materially retarded, by reason of imports from China and Taiwan of raw 
flexible magnets, provided for in subheadings 8505.19.10 and 8505.19.20 
of the Harmonized Tariff Schedule of the United States, that are 
alleged to be subsidized by the Government of China,\1\ and that are 
alleged to be sold in the United States at less than fair value. Unless 
the Department of Commerce extends the time for initiation pursuant to 
section 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)) or 
732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must 
reach preliminary determinations in countervailing duty and antidumping 
investigations in 45 days, or in these cases by November 5, 2007. The 
Commission's views are due at Commerce within five business days 
thereafter, or by November 13, 2007.
---------------------------------------------------------------------------

    \1\ Raw flexible magnets were provided for in HTS subheading 
8505.19.0040 (prior to December 19, 2004).
---------------------------------------------------------------------------

    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

DATES: Effective Date: September 21, 2007.

FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182), 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 these investigations may 
be viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. These investigations are being instituted in response 
to a petition filed on September 21, 2007, by Magnum Magnetics Corp., 
Marietta, OH.
    Participation in the investigations and public service list. 
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission countervailing duty and antidumping 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in these investigations available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. 1677(9)) who 
are parties to the investigations under the APO issued in the 
investigations, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the

[[Page 55249]]

Secretary for those parties authorized to receive BPI under the APO.
    Conference. The Commission's Director of Operations has scheduled a 
conference in connection with these investigations for 9:30 a.m. on 
October 12, 2007, at the U.S. International Trade Commission Building, 
500 E Street, SW., Washington, DC. Parties wishing to participate in 
the conference should contact Olympia Hand (202-205-3182) not later 
than October 9, 2007, to arrange for their appearance. Parties in 
support of the imposition of countervailing and antidumping duties in 
these investigations and parties in opposition to the imposition of 
such duties will each be collectively allocated one hour within which 
to make an oral presentation at the conference. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the conference.
    Written submissions. As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before October 17, 2007, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference no later than three days before the 
conference. If briefs or written testimony contain 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 Fed. Reg. 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 investigations must be served on all 
other parties to the investigations (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: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: September 25, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-19183 Filed 9-27-07; 8:45 am]
BILLING CODE 7020-02-P