Denim Fabric: Commercial Availability in AGOA Countries During Fiscal Year 2009, 70609-70610 [E7-24017]

Download as PDF Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices the subject ID granting InterDigital’s motion, finding that there was good cause to amend the complaint and notice of investigation. No petitions for review were filed. The Commission has determined not to review the subject ID. 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 210.14 and 210.42(c) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.14, 210.42(c). By order of the Commission. Issued: December 6, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–24014 Filed 12–11–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. AGOA–003] Denim Fabric: Commercial Availability in AGOA Countries During Fiscal Year 2009 United States International Trade Commission. ACTION: Institution of investigation and scheduling of hearing. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Pursuant to section 112(c)(2)(B)(ii) of the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3721(c)(2)(B)(ii)), the Commission has instituted investigation No. AGOA–003, Denim Fabric: Commercial Availability in AGOA Countries During Fiscal Year 2009, for the purpose of gathering information and making the determinations required concerning whether certain denim fabric will be available in commercial quantities during fiscal year 2009 for use by lesser developed beneficiary (LDB) subSaharan African (SSA) countries in the production of apparel articles receiving preferential treatment under AGOA, and if so, the quantity that will be available. DATES: December 5, 2007: Institution of investigation. March 18, 2008: Deadline for filing request to appear at the public hearing. March 21, 2008: Deadline for filing pre-hearing briefs and statements. April 9, 2008: Public hearing. April 23, 2008: Deadline for filing post-hearing briefs and statements. April 28, 2008: Deadline for filing all other written submissions. August 1, 2008: Transmittal of Commission report to the President and U.S. Trade Representative. ADDRESSES: All Commission offices, including the Commission’s hearing VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://www.usitc.gov/ secretary/edis.htm. FOR FURTHER INFORMATION CONTACT: Project leader Kimberlie Freund (202– 708–5402 or kimberlie.freund@usitc.gov) or deputy project leader Andrea Boron (202–205– 3433 or andrea.boron@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). 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. Background: On December 20, 2006, the President signed into law amendments to section 112 of the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3721), included in Public Law 109–432. Section 112(c)(2)(A)–(B)(i) of the amended statute requires the Commission to determine, following receipt of a petition, whether regional SSA fabric or yarn is available in commercial quantities for use in LDB SSA countries in the production of apparel articles receiving U.S. preferential treatment, and, if so, the quantity of fabric or yarn that will be so available in the following fiscal year (October 1–September 30). Once a fabric or yarn has been determined to be so available, section 112(c)(2)(B)(ii) of AGOA requires the Commission, in each subsequent year through fiscal year 2012, to determine whether such fabric or yarn will be so available in the following fiscal year, and if so, the quantity that will be available in that following fiscal year. Section 112(c)(2)(C) of AGOA deemed denim articles provided for in PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 70609 subheading 5209.42.00 of the Harmonized Tariff Schedule of the United States to be available in commercial quantities in the amount of 30 million square meter equivalents during the period October 1, 2006– September 30, 2007 (fiscal year 2007) as if a petition had been filed and the Commission had made an affirmative determination and determined such denim fabric to be available in that quantity. In September 2007, the Commission determined, pursuant to section 112(c)(2)(B)(ii), that such denim fabric will be available in commercial quantities during fiscal year 2008, and will be available in the amount of 21,303,613 square meter equivalents. The Commission transmitted its determination and report in that investigation to the President on September 25, 2007 (Commission investigation No. AGOA–07–001, now re-designated as investigation No. AGOA–001, Commercial Availability of Fabric & Yarns in AGOA Countries: Certain Denim, Commission Publication 3950, September 2007). The Commission is required, before the end of fiscal year 2008, to make determinations concerning whether certain denim fabric will be so available during fiscal year 2009 and, if so, the quantity that will be available. The Commission has instituted investigation No. AGOA–003 for the purpose of gathering the information necessary to make these determinations. The Commission expects to transmit its determinations and report in this investigation to the President and the U.S. Trade Representative on or before August 1, 2008. It should be noted that the Commission is currently conducting a separate investigation, investigation No. AGOA–002, to determine the extent to which the denim fabric deemed to be available during fiscal year 2007 for use in LDB SSA countries in the production of apparel articles receiving U.S. preferential treatment was so used. As indicated below, the Commission will hold a consolidated public hearing for both investigations. Public Hearing: A public hearing in connection with this investigation will be held at the U.S. International Trade Commission Building, 500 E Street, SW, Washington, DC, beginning at 9:30 a.m. on April 9, 2008. To facilitate attendance at the hearing by parties also interested in attending the hearing in investigation No. AGOA–002, the Commission will hold a consolidated hearing for both investigations. Requests to appear at the public hearing should be filed with the Secretary not later than 5:15 p.m., March 18, 2008, in E:\FR\FM\12DEN1.SGM 12DEN1 mstockstill on PROD1PC66 with NOTICES 70610 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices accordance with the requirements in the ‘‘Submissions’’ section below. All prehearing briefs and statements should be filed not later than 5:15 p.m., March 21, 2008; and all post-hearing briefs and statements should be filed not later than 5:15 p.m., April 23, 2008. In the event that, as of the close of business on March 18, 2008, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant may call the Secretary to the Commission (202–205– 2000) after March 18, 2008, for information concerning whether the hearing will be held. Written Submissions: In lieu of or in addition to participating in the hearing, interested parties are invited to submit written statements concerning this investigation. All written submissions should be addressed to the Secretary. All written submissions (except for requests to appear at the hearing and pre- and post-hearing briefs and statements with earlier due dates) should be received not later than 5:15 p.m., April 28, 2008. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 requires that a signed original (or a copy so designated) and fourteen (14) copies of each document be filed. In the event that confidential treatment of a document is requested, at least four (4) additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http:// www.usitc.gov/secretary/ fed_reg_notices/rules/documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 confidential business information, will be made available for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of this investigation in the report it sends to the President and the U.S. Trade Representative. After transmitting its report, the Commission intends to publish a public version of its report, with any confidential business information deleted. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in the public version of the report in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: December 6, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–24017 Filed 12–11–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–619] In the Matter of: Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and 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 October 24, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of SanDisk Corporation of Milpitas, California. A supplement to the complaint was filed on November 7, 2007. 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 flash memory controllers, drives, memory cards, and media players and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,426,893, 6,763,424, 5,719,808, 6,947,332, and 7,137,011. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 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. The complaint, as supplemented, 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 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Christopher G. Paulraj, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–3052. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2007). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 4, 2007, 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 flash memory controllers, drives, memory cards, and media players and products containing same by reason of infringement of one or more of claims 12–14, 17, 25, 27, 30, 36, 37, 39, 41, and 58 of U.S. Patent No. 6,426,893; claims 17, 18, 24, and 30 of U.S. Patent No. 6,763,424; claims 11, 14–17, 20, and 21 of U.S. Patent No. 5,719,808; claims 5 and 10 of U.S. Patent No. 6,947,332; and claim 8 of U.S. Patent No. 7,137,011, and whether an industry in the United States exists E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70609-70610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24017]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. AGOA-003]


Denim Fabric: Commercial Availability in AGOA Countries During 
Fiscal Year 2009

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of hearing.

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

SUMMARY: Pursuant to section 112(c)(2)(B)(ii) of the African Growth and 
Opportunity Act (AGOA) (19 U.S.C. 3721(c)(2)(B)(ii)), the Commission 
has instituted investigation No. AGOA-003, Denim Fabric: Commercial 
Availability in AGOA Countries During Fiscal Year 2009, for the purpose 
of gathering information and making the determinations required 
concerning whether certain denim fabric will be available in commercial 
quantities during fiscal year 2009 for use by lesser developed 
beneficiary (LDB) sub-Saharan African (SSA) countries in the production 
of apparel articles receiving preferential treatment under AGOA, and if 
so, the quantity that will be available.

DATES: December 5, 2007: Institution of investigation.
    March 18, 2008: Deadline for filing request to appear at the public 
hearing.
    March 21, 2008: Deadline for filing pre-hearing briefs and 
statements.
    April 9, 2008: Public hearing.
    April 23, 2008: Deadline for filing post-hearing briefs and 
statements.
    April 28, 2008: Deadline for filing all other written submissions.
    August 1, 2008: Transmittal of Commission report to the President 
and U.S. Trade Representative.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street, SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Project leader Kimberlie Freund (202-
708-5402 or kimberlie.freund@usitc.gov) or deputy project leader Andrea 
Boron (202-205-3433 or andrea.boron@usitc.gov) for information specific 
to this investigation. For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or william.gearhart@usitc.gov). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or margaret.olaughlin@usitc.gov). Hearing-impaired 
individuals may obtain information on this matter by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). 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.
    Background: On December 20, 2006, the President signed into law 
amendments to section 112 of the African Growth and Opportunity Act 
(AGOA) (19 U.S.C. 3721), included in Public Law 109-432. Section 
112(c)(2)(A)-(B)(i) of the amended statute requires the Commission to 
determine, following receipt of a petition, whether regional SSA fabric 
or yarn is available in commercial quantities for use in LDB SSA 
countries in the production of apparel articles receiving U.S. 
preferential treatment, and, if so, the quantity of fabric or yarn that 
will be so available in the following fiscal year (October 1-September 
30). Once a fabric or yarn has been determined to be so available, 
section 112(c)(2)(B)(ii) of AGOA requires the Commission, in each 
subsequent year through fiscal year 2012, to determine whether such 
fabric or yarn will be so available in the following fiscal year, and 
if so, the quantity that will be available in that following fiscal 
year.
    Section 112(c)(2)(C) of AGOA deemed denim articles provided for in 
subheading 5209.42.00 of the Harmonized Tariff Schedule of the United 
States to be available in commercial quantities in the amount of 30 
million square meter equivalents during the period October 1, 2006-
September 30, 2007 (fiscal year 2007) as if a petition had been filed 
and the Commission had made an affirmative determination and determined 
such denim fabric to be available in that quantity. In September 2007, 
the Commission determined, pursuant to section 112(c)(2)(B)(ii), that 
such denim fabric will be available in commercial quantities during 
fiscal year 2008, and will be available in the amount of 21,303,613 
square meter equivalents. The Commission transmitted its determination 
and report in that investigation to the President on September 25, 2007 
(Commission investigation No. AGOA-07-001, now re-designated as 
investigation No. AGOA-001, Commercial Availability of Fabric & Yarns 
in AGOA Countries: Certain Denim, Commission Publication 3950, 
September 2007).
    The Commission is required, before the end of fiscal year 2008, to 
make determinations concerning whether certain denim fabric will be so 
available during fiscal year 2009 and, if so, the quantity that will be 
available. The Commission has instituted investigation No. AGOA-003 for 
the purpose of gathering the information necessary to make these 
determinations. The Commission expects to transmit its determinations 
and report in this investigation to the President and the U.S. Trade 
Representative on or before August 1, 2008.
    It should be noted that the Commission is currently conducting a 
separate investigation, investigation No. AGOA-002, to determine the 
extent to which the denim fabric deemed to be available during fiscal 
year 2007 for use in LDB SSA countries in the production of apparel 
articles receiving U.S. preferential treatment was so used. As 
indicated below, the Commission will hold a consolidated public hearing 
for both investigations.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street, SW, Washington, DC, beginning at 9:30 a.m. on 
April 9, 2008. To facilitate attendance at the hearing by parties also 
interested in attending the hearing in investigation No. AGOA-002, the 
Commission will hold a consolidated hearing for both investigations. 
Requests to appear at the public hearing should be filed with the 
Secretary not later than 5:15 p.m., March 18, 2008, in

[[Page 70610]]

accordance with the requirements in the ``Submissions'' section below. 
All pre-hearing briefs and statements should be filed not later than 
5:15 p.m., March 21, 2008; and all post-hearing briefs and statements 
should be filed not later than 5:15 p.m., April 23, 2008. In the event 
that, as of the close of business on March 18, 2008, no witnesses are 
scheduled to appear at the hearing, the hearing will be canceled. Any 
person interested in attending the hearing as an observer or 
nonparticipant may call the Secretary to the Commission (202-205-2000) 
after March 18, 2008, for information concerning whether the hearing 
will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to submit written 
statements concerning this investigation. All written submissions 
should be addressed to the Secretary. All written submissions (except 
for requests to appear at the hearing and pre- and post-hearing briefs 
and statements with earlier due dates) should be received not later 
than 5:15 p.m., April 28, 2008. All written submissions must conform 
with the provisions of section 201.8 of the Commission's Rules of 
Practice and Procedure (19 CFR 201.8). Section 201.8 requires that a 
signed original (or a copy so designated) and fourteen (14) copies of 
each document be filed. In the event that confidential treatment of a 
document is requested, at least four (4) additional copies must be 
filed, in which the confidential information must be deleted (see the 
following paragraph for further information regarding confidential 
business information). The Commission's rules authorize filing 
submissions with the Secretary by facsimile or electronic means only to 
the extent permitted by section 201.8 of the rules (see Handbook for 
Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_
notices/rules/documents/handbook_on_electronic_filing.pdf). Persons 
with questions regarding electronic filing should contact the Secretary 
(202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the President and the U.S. Trade Representative. After 
transmitting its report, the Commission intends to publish a public 
version of its report, with any confidential business information 
deleted. Any confidential business information received by the 
Commission in this investigation and used in preparing this report will 
not be published in the public version of the report in a manner that 
would reveal the operations of the firm supplying the information.

    By order of the Commission.

    Issued: December 6, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-24017 Filed 12-11-07; 8:45 am]
BILLING CODE 7020-02-P