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