In the Matter of Certain Catheter, Consoles and Other Apparatus for Cryosurgery, and Components Thereof; Notice of Investigation, 17998-17999 [E8-6700]

Download as PDF 17998 Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices the Office of Management and Budget (OMB) for review; comment request. SUMMARY: In accordance with the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), the Commission has submitted a proposal for the collection of information to OMB for approval. The proposed information collection is a 3-year extension of the current ‘‘generic clearance’’ (approved by the Office of Management and Budget under Control No. 3117–0016) under which the Commission can issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for the following types of import injury investigations: Antidumping, countervailing duty, escape clause, market disruption, NAFTA safeguard, and ‘‘interference with programs of the USDA.’’ Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are objectionable, describing the issue in detail, and including specific revisions or language changes. DATES: To be assured of consideration, comments should be submitted to OMB within 30 days of the date this notice appears in the Federal Register. ADDRESSES: Comments about the proposal should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Attention: David Rostker, Desk Officer for U.S. International Trade Commission. Copies of any comments should be provided to Stephen McLaughlin (United States International Trade Commission, 500 E Street, SW., Washington, DC 20436). FOR FURTHER INFORMATION CONTACT: Copies of the proposed collection of information and supporting documentation may be obtained from John Ascienzo (USITC, tel. no. 202– 205–3175). 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). SUPPLEMENTARY INFORMATION: (1) The proposed information collection consists of five forms, namely the Sample Producers’, Sample Importers’, Sample Purchasers’, and Sample Foreign Producers’ questionnaires (separate forms are provided for questionnaires issued for the five-year reviews) and Sample Notice of Institution for Five-Year Reviews. (2) The types of items contained within the sample questionnaires and institution notice are largely determined by statute. Actual questions formulated for use in a specific investigation depend upon such factors as the nature of the industry, the relevant issues, the ability of respondents to supply the data, and the availability of data from secondary sources. (3) The information collected through questionnaires issued under the generic clearance for import injury investigations are consolidated by Commission staff and form much of the statistical base for the Commission’s determinations. Affirmative Commission determinations in antidumping and countervailing duty investigations result in the imposition of additional duties on imports entering the United States. If the Commission makes an affirmative determination in a five-year review, the existing antidumping or countervailing duty order will remain in place. The data developed in escape-clause, market disruption, and interference-withUSDA-program investigations (if the Commission finds affirmatively) are used by the President/U.S. Trade Representative to determine the type of relief, if any, to be provided to domestic industries. The submissions made to the Commission in response to the notices of institution of five-year reviews form the basis for the Commission’s determination as to whether a full or expedited review should be conducted. (4) Likely respondents consist of businesses (including foreign businesses) or farms that produce, import, or purchase products under investigation. Estimated total annual reporting burden for the period July 2008–June 2011 that will result from the collection of information is presented below. TABLE 1.—PROJECTED ANNUAL BURDEN DATA, BY TYPE OF INFORMATION COLLECTION, JULY 2008–JUNE 2011 Producer questionnaires Item Number of respondents ............... Frequency of response ................ Total annual responses ............... Hours per response ..................... Total hours ............................ Importer questionnaires 791 1 791 67.1 Purchaser questionnaires 1,345 1 1,345 41.4 53,111 1,041 1 1,041 30.2 55,710 31,412 Foreign producer questionnaires Institution notices for 5year reviews 1,180 1 1,180 48.0 56,693 86 1 86 14.9 1,279 4,443 1 4,443 44.6 198,205 rmajette on PROD1PC64 with NOTICES No recordkeeping burden is known to result from the proposed collection of information. INTERNATIONAL TRADE COMMISSION ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. By order of the Commission. Issued: March 28, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–6806 Filed 4–1–08; 8:45 am] [Inv. No. 337–TA–642] SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 28, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of CryoCor, Inc. of San Diego, California and AMS Research Corporation of Minnetonka, Minnesota. A supplement to the In the Matter of Certain Catheter, Consoles and Other Apparatus for Cryosurgery, and Components Thereof; Notice of Investigation BILLING CODE 7020–02–P U.S. International Trade Commission. AGENCY: VerDate Aug<31>2005 15:36 Apr 01, 2008 Jkt 214001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices complaint was filed on March 21. 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 catheter, consoles and other apparatus for cryosurgery, and components thereof that infringe certain claims of U.S. Patent No. 6,471,694, U.S. Patent No. 6,572,610, and U.S. Patent No. RE 40,049. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. ADDRESSES: 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 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: Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2055. rmajette on PROD1PC64 with NOTICES 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 VerDate Aug<31>2005 15:36 Apr 01, 2008 Jkt 214001 importation of certain catheter, consoles, and other apparatus for cryosurgery and components thereof that infringe one or more of claims 1, 2, 13, and 14 of U.S. Patent No. 6,471,694; claims 3 and 5–7 of U.S. Patent No. 6,572,610; or claims 2 and 3 of U.S. Patent RE 40,049, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR § 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact on this issue; (3) 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 complainants are—CryoCor, Inc., 9717 Pacific Heights Boulevard, San Diego, California 92121; AMS Research Corporation, 10700 Bren Road West, Minnetonka, Minnesota 55343. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: CryoCath Technologies, Inc., 16771 Chemin Ste-Marie, Kirkland, Quebec, H9H 5H3, Canada. (c) The Commission investigative attorney, party to this investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401E, Washington, DC 20436; and (4) For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 17999 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 a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 27, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–6700 Filed 3–31–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–512] In the Matter of Certain Light-Emitting Diodes and Products Containing Same; Notice of Issuance on Remand of a Limited Exclusion Order With Respect to Certain Patents U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has, on remand from the United States Court of Appeals for the Federal Circuit, determined to issue a limited exclusion order with respect to five patents in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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 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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 17998-17999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6700]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-642]


In the Matter of Certain Catheter, Consoles and Other Apparatus 
for Cryosurgery, and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 28, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
CryoCor, Inc. of San Diego, California and AMS Research Corporation of 
Minnetonka, Minnesota. A supplement to the

[[Page 17999]]

complaint was filed on March 21. 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 catheter, consoles and other apparatus for 
cryosurgery, and components thereof that infringe certain claims of 
U.S. Patent No. 6,471,694, U.S. Patent No. 6,572,610, and U.S. Patent 
No. RE 40,049. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: 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 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: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.

    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 catheter, 
consoles, and other apparatus for cryosurgery and components thereof 
that infringe one or more of claims 1, 2, 13, and 14 of U.S. Patent No. 
6,471,694; claims 3 and 5-7 of U.S. Patent No. 6,572,610; or claims 2 
and 3 of U.S. Patent RE 40,049, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR Sec.  
210.50(b)(1), the presiding administrative law judge shall take 
evidence or other information and hear arguments from the parties and 
other interested persons with respect to the public interest in this 
investigation, as appropriate, and provide the Commission with findings 
of fact on this issue;
    (3) 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 complainants are--CryoCor, Inc., 9717 Pacific Heights 
Boulevard, San Diego, California 92121; AMS Research Corporation, 10700 
Bren Road West, Minnetonka, Minnesota 55343.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: CryoCath Technologies, Inc., 16771 Chemin Ste-Marie, 
Kirkland, Quebec, H9H 5H3, Canada.
    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401E, Washington, DC 20436; and
    (4) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 27, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-6700 Filed 3-31-08; 8:45 am]
BILLING CODE 7020-02-P