Diamond Sawblades and Parts Thereof From China and Korea, 16910-16911 [E8-6302]

Download as PDF 16910 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices review the subject ID. The investigation is hereby terminated. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.41(a) and 210.42(h)(3) of the Commission’s Rules of Practice and Procedure (19 CFR 210.41(a), 210.42(h)(3)). By order of the Commission. Issued: March 25, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–6436 Filed 3–28–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–641] In the Matter of Certain Variable Speed Wind Turbines and Components Thereof; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. mmaher on PROD1PC76 with NOTICES AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 27, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of General Electric Company of Fairfield, Connecticut. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain variable speed wind turbines and components thereof that infringe certain claims of U.S. Patent Nos. 5,083,039 and 6,921,985. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. Persons with mobility impairments who will need special assistance in gaining access VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server at https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2571. AUTHORITY: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in 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 March 25, 2008, 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 variable speed wind turbines and components thereof that infringe one or more of claims 104 and 121–125 of U.S. Patent No. 5,083,039 and claims 1–12, 15–18, and 21–28 of U.S. Patent No. 6,921,985, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is—General Electric Company, 3135 Easton Turnpike, Fairfield, Connecticut 06828– 0001. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Mitsubishi Heavy Industries, Ltd., 16–5 Konan 2–Chome, Minato-ku, Tokyo 1088215, Japan; Mitsubishi Heavy Industries America, Inc., Headquarters, 630 Fifth Avenue, Suite 3155, New York, New York 10111; Mitsubishi Power Systems, Inc., 100 Colonial Center Parkway, Lake Mary, Florida 32746. (c) The Commission investigative attorney, party to this investigation, is Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 Room 401Q, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Carl C. Charneski is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or cease and desist orders or both directed against the respondent. By order of the Commission. Issued: March 25, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–6496 Filed 3–28–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1092 and 1093 (Final) (Remand)] Diamond Sawblades and Parts Thereof From China and Korea United States International Trade Commission. ACTION: Notice of remand proceedings. AGENCY: SUMMARY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its final determinations in the antidumping investigation Nos.731– TA–1092–1093 concerning diamond sawblades and parts thereof from China and Korea. For further information concerning the conduct of this E:\FR\FM\31MRN1.SGM 31MRN1 mmaher on PROD1PC76 with NOTICES Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices proceeding 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, subpart A (19 CFR part 207). DATES: Effective Date: March 24, 2008. FOR FURTHER INFORMATION CONTACT: Douglas Corkran, Office of Investigations, telephone 202–205– 3057, or Charles St. Charles, Office of General Counsel, telephone 202–205– 2782, 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 (https:// www.usitc.gov). The public record of investigation Nos. 731–TA–1092 and 1093 may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—In July 2006, the Commission determined that an industry in the United States was not materially injured or threatened with material injury by reason of imports of diamond sawblades and parts thereof from China and Korea that are sold in the United States at less than fair value. The Commission’s determinations were appealed to the Court of International Trade (‘‘CIT’’ or ‘‘Court’’). On February 6, 2008, the Court issued a decision remanding the matter to the Commission for further proceedings consistent with that opinion. Diamond Sawblade Manufacturers v. United States, Slip Op. 08–18 (Ct. Int’l Trade, Feb. 6, 2008). In its opinion, the Court found that the Commission had not provided adequate explanation or substantial evidentiary support for certain of its findings. The Court instructed the Commission to provide further explanation of its finding that there was limited competition between the subject imports from China and Korea and the domestic like product during the period of investigation, and to provide further explanation of its volume, price, impact, and threat findings, to the extent they were based on the Commission’s limited competition finding. The Court also instructed the Commission to provide further explanation of certain aspects of its finding that there was not a VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 correlation between domestic producers’ price movements and prices for the subject imports. Participation in the proceeding.— Only those persons who were interested parties and parties to the proceeding in the investigations and were also parties to the action before the CIT may participate in the remand proceeding. Such persons need not make any additional filings with the Commission to participate in the remand proceeding. Business proprietary information (‘‘BPI’’) referred to during the remand proceeding will be governed, as appropriate, by the administrative protective order issued in the investigations. Written submissions.—The Commission is reopening the record for the limited purpose of collecting data pertinent to its analysis of the extent to which competition between subject diamond sawblade imports and the domestic like product was or was not limited during the period of investigation by differences in product and customer types. The Commission will permit the parties to file comments addressing the new information obtained by the Commission on remand and the specific issues that are the subject of the CIT’s remand instructions. The parties may not submit any new factual information in their comments; nor may they raise issues that are not the subject of the remand instructions. Any such comments must be filed with the Commission no later than April 18, 2008, and must be no more than twenty (20) double-spaced, single-sided pages of textual material. The Commission will not hold a hearing on remand. 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 (Nov. 8, 2002). In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (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. Parties are also advised to consult with the Commission’s Rules of Practice and Procedure, part 201, subparts A PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 16911 through E (19 CFR Part 201), and part 207, subpart A (19 CFR Part 207) for provisions of general applicability concerning written submissions to the Commission. By order of the Commission. Issued: March 24, 2008. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E8–6302 Filed 3–28–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–454; 731–TA– 1144 (Preliminary)] Welded Stainless Steel Pressure Pipe From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured,2 or threatened with material injury 3 by reason of imports from China of welded stainless steel pressure pipe, provided for in subheading 7306.40 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China and sold in the United States at less than fair value (LTFV). Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in these investigations under sections 703(b) and 733(b) of the Act, or, if the preliminary 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)). 2 Commissioner Charlotte R. Lane, Commissioner Irving A. Williamson, and Commissioner Dean A. Pinkert determine that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of welded stainless steel pressure pipe from China. 3 Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioner Deanna Tanner Okun determine that there is a reasonable indication that an industry in the United States is threatened with material injury by reason of imports of welded stainless steel pressure pipe from China. E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Pages 16910-16911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6302]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1092 and 1093 (Final) (Remand)]


Diamond Sawblades and Parts Thereof From China and Korea

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

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

SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its final 
determinations in the antidumping investigation Nos.731-TA-1092-1093 
concerning diamond sawblades and parts thereof from China and Korea. 
For further information concerning the conduct of this

[[Page 16911]]

proceeding 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, subpart A (19 CFR part 207).

DATES: Effective Date: March 24, 2008.

FOR FURTHER INFORMATION CONTACT: Douglas Corkran, Office of 
Investigations, telephone 202-205-3057, or Charles St. Charles, Office 
of General Counsel, telephone 202-205-2782, 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 (https://www.usitc.gov). The public record 
of investigation Nos. 731-TA-1092 and 1093 may be viewed on the 
Commission's electronic docket (``EDIS'') at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--In July 2006, the Commission determined that an 
industry in the United States was not materially injured or threatened 
with material injury by reason of imports of diamond sawblades and 
parts thereof from China and Korea that are sold in the United States 
at less than fair value. The Commission's determinations were appealed 
to the Court of International Trade (``CIT'' or ``Court''). On February 
6, 2008, the Court issued a decision remanding the matter to the 
Commission for further proceedings consistent with that opinion. 
Diamond Sawblade Manufacturers v. United States, Slip Op. 08-18 (Ct. 
Int'l Trade, Feb. 6, 2008). In its opinion, the Court found that the 
Commission had not provided adequate explanation or substantial 
evidentiary support for certain of its findings. The Court instructed 
the Commission to provide further explanation of its finding that there 
was limited competition between the subject imports from China and 
Korea and the domestic like product during the period of investigation, 
and to provide further explanation of its volume, price, impact, and 
threat findings, to the extent they were based on the Commission's 
limited competition finding. The Court also instructed the Commission 
to provide further explanation of certain aspects of its finding that 
there was not a correlation between domestic producers' price movements 
and prices for the subject imports.
    Participation in the proceeding.--Only those persons who were 
interested parties and parties to the proceeding in the investigations 
and were also parties to the action before the CIT may participate in 
the remand proceeding. Such persons need not make any additional 
filings with the Commission to participate in the remand proceeding. 
Business proprietary information (``BPI'') referred to during the 
remand proceeding will be governed, as appropriate, by the 
administrative protective order issued in the investigations.
    Written submissions.--The Commission is reopening the record for 
the limited purpose of collecting data pertinent to its analysis of the 
extent to which competition between subject diamond sawblade imports 
and the domestic like product was or was not limited during the period 
of investigation by differences in product and customer types. The 
Commission will permit the parties to file comments addressing the new 
information obtained by the Commission on remand and the specific 
issues that are the subject of the CIT's remand instructions. The 
parties may not submit any new factual information in their comments; 
nor may they raise issues that are not the subject of the remand 
instructions. Any such comments must be filed with the Commission no 
later than April 18, 2008, and must be no more than twenty (20) double-
spaced, single-sided pages of textual material. The Commission will not 
hold a hearing on remand.
    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 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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.
    Parties are also advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR Part 
201), and part 207, subpart A (19 CFR Part 207) for provisions of 
general applicability concerning written submissions to the Commission.

    By order of the Commission.

    Issued: March 24, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8-6302 Filed 3-28-08; 8:45 am]
BILLING CODE 7020-02-P