Uncovered Innerspring Units From China, South Africa, and Vietnam, 49219-49221 [E8-19227]
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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
• Santa Barbara Central Public
Library, 40 East Anapamu Street, Santa
Barbara, CA 93101.
• Goleta Public Library, 500 North
Fairview Avenue, Goleta, CA 93117.
• COMB office, 3301 Laurel Canyon
Road, Santa Barbara, CA 93105–2017.
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Public Disclosure
Before including your name, address,
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your entire comment—including your
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While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: July 11, 2008.
Donald R. Glaser,
Regional Director, Mid-Pacific Region.
[FR Doc. E8–19246 Filed 8–19–08; 8:45 am]
BILLING CODE 4310–MN–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–596]
In the Matter of Certain GPS Chips,
Associated Software and Systems, and
Products Containing Same; Notice of
Commission Decision Not To Review a
Final Determination Finding No
Violation of Section 337
U.S. International Trade
Commission.
ACTION: Notice.
dwashington3 on PRODPC61 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘ID’’) issued on June 13,
2008 finding no violation of section 337
of the Tariff Act of 1930, 19 U.S.C. 1337
in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2301. Copies of non-confidential
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
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.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on March 13, 2007, based on a
complaint filed by SiRF Technology,
Inc. (‘‘SiRF’’) of San Jose, California. 72
FR 11378 (March 13, 2007). The
complaint alleged violations of section
337 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 certain GPS chips,
associated software and systems, and
products containing the same by reason
of infringement of certain claims of
United States Patent Nos. 6,304,216
(‘‘the ’216 patent’’); 7,043,363 (‘‘the ’363
patent’’); 7,091,904 (‘‘the ’904 patent’’);
and 7,132,980 (‘‘the ’980 patent’’). The
complaint named as respondent Global
Locate, Inc. of San Jose, California
(‘‘Global Locate’’). The complaint and
notice of investigation were later
amended to include one additional
claim of the ’904 patent. Subsequently,
the investigation was terminated with
respect to the ’904 patent, the ’980
patent, and certain claims of the ’216
and the ’363 patents, and the complaint
and notice of investigation were
amended to add Broadcom, Inc. of
Irvine, California (‘‘Broadcom’’) as a
respondent to the investigation.
On March 13, 2008, the Commission
determined not to review an ID issued
by the ALJ granting in part SiRF’s
motion for summary determination that
it had satisfied the importation
requirements of 19 U.S.C. 1337. On
March 20, 2008, the Commission further
determined not to review an ID issued
by the ALJ granting SiRF’s motion for
summary determination that it had
satisfied the economic prong of the
domestic industry requirement.
On June 13, 2008, the ALJ issued his
final ID finding no violation of section
337 by respondents Global Locate and
Broadcom. The ID included the ALJ’s
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49219
recommended determination on remedy
and bonding. In the subject ID, the ALJ
found that Global Locate’s products do
not infringe asserted claims 1, 6, 10–12,
17–19, 64, 65, 69, 70, 72, or 73 of the
’216 patent. The ALJ also found that the
asserted claims are not invalid as
anticipated by any prior art. The ALJ
further found that SiRF failed to prove
that a domestic industry exists for
articles protected by the ’216 patent. In
addition, the ALJ found that Global
Locate’s products do not infringe
asserted claims 7, 8, 10–12, 16, and 18–
20 of the ’363 patent. The ALJ also
found that the asserted claims of the
’363 patent are invalid as anticipated by
each of the GPS Builder System and the
First GPS system. The ALJ further found
that SiRF has established that a
domestic industry exists for articles
protected by the ’363 patent.
On June 27, 2008, SiRF filed a
petition for review seeking review of the
ALJ’s ID with respect to the ’216 patent.
Also on June 27, 2008, Global Locate
filed a contingent petition for review,
seeking review of certain aspects of the
ALJ’s findings concerning both the ’216
and ’363 patents. On July 7, 2008,
Global Locate filed an opposition to
SiRF’s petition for review and SiRF filed
a response to Global Locate’s contingent
petition for review. Also on July 7, 2008,
the Commission Investigative Attorney
filed a response to both SiRF’s petition
and Global Locate’s contingent petition.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, 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
section 210.42(h) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42(h)).
By order of the Commission.
Issued: August 14, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8–19209 Filed 8–19–08; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1140–1142
(Final)]
Uncovered Innerspring Units From
China, South Africa, and Vietnam
United States International
Trade Commission.
AGENCY:
E:\FR\FM\20AUN1.SGM
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49220
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
Scheduling of the final phase of
antidumping investigations.
ACTION:
dwashington3 on PRODPC61 with NOTICES
SUMMARY: The Commission hereby gives
notice of the scheduling of the final
phase of antidumping investigation Nos.
731–TA–1140–1142 (Final) under
section 735(b) of the Tariff Act of 1930
(19 U.S.C. 1673d(b)) (the Act) to
determine whether 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 less-than-fair-value imports
from China, South Africa, and Vietnam
of uncovered innerspring units,
provided for in subheading 9404.10.00
of the Harmonized Tariff Schedule of
the United States.1
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, 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 C (19 CFR part 207).
DATES: Effective Date: July 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Jennifer Merrill (202–205–3188), 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
1 For purposes of these investigations, the
Department of Commerce has defined the subject
merchandise as ‘‘* * * uncovered innerspring
units composed of a series of individual metal
springs joined together in sizes corresponding to the
sizes of adult mattresses (e.g., twin, twin long, full,
full long, queen, California king, and king) and
units used in smaller constructions, such as crib
and youth mattresses. All uncovered innerspring
units are included in this scope regardless of width
and length. Included within this definition are
innersprings typically ranging from 30.5 inches to
76 inches in width and 68 inches to 84 inches in
length. Innersprings for crib mattresses typically
range from 25 inches to 27 inches in width and 50
inches to 52 inches in length. Uncovered
innerspring units are suitable for use as the
innerspring component in the manufacture of
innerspring mattresses, including mattresses that
incorporate a foam encasement around the
innerspring. Pocketed and non-pocketed
innerspring units are included in this definition.
Non-pocketed innersprings are typically joined
together with helical wire and border rods. Nonpocketed innersprings are included in this
definition regardless of whether they have border
rods attached to the perimeter of the innerspring.
Pocketed innersprings are individual coils covered
by a ‘‘pocket’’ or ‘‘sock’’ of a nonwoven synthetic
material or woven material and then glued together
in a linear fashion. Uncovered innersprings are
classified under subheading 9404.29.9010 and have
also been classified under subheadings
9404.10.0000, 7326.20.00.70, 7320.20.5010, or
7320.90.5010 of the Harmonized Tariff Schedule of
the United States (HTS). The HTS subheadings are
provided for convenience and customs purposes
only; the written description of the scope of these
investigations is dispositive.’’
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
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 for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—The final phase of
these investigations is being scheduled
as a result of affirmative preliminary
determinations by the Department of
Commerce that imports of uncovered
innerspring units from China, South
Africa and Vietnam are being sold in the
United States at less than fair value
within the meaning of section 733 of the
Act (19 U.S.C. 1673b). The
investigations were requested in a
petition filed on December 31, 2007, by
Leggett & Platt, Inc., Carthage, MO.
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
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 the final phase of these
investigations available to authorized
applicants under the APO issued in the
investigations, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
PO 00000
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Sfmt 4703
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on October 8, 2008,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on October 22, 2008, at the
U.S. International Trade Commission
Building. Requests to appear at the
hearing should be filed in writing with
the Secretary to the Commission on or
before October 16, 2008. A nonparty
who has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should attend a prehearing conference
to be held at 9:30 a.m. on October 20,
2008, at the U.S. International Trade
Commission Building. Oral testimony
and written materials to be submitted at
the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is October 15, 2008. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is October 29,
2008; 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 October 29, 2008. On
November 7, 2008, 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 November 10,
E:\FR\FM\20AUN1.SGM
20AUN1
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
2008, 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.
Issued: August 15, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8–19227 Filed 8–19–08; 8:45 am]
BILLING CODE 7020–02–P
dwashington3 on PRODPC61 with NOTICES
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Notice is hereby given that on August
15, 2008, two proposed Consent Decrees
in United States of America v. Camille
J. Amato, et al., Civil Action No. 08–
CV–6366 were lodged with the United
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
States District Court for the Western
District of New York.
In this action the United States sought
to recover from the defendants response
costs incurred by the United States
Environmental Protection Agency
(‘‘EPA’’) in responding to releases or
threatened releases of hazardous
substances at or from the Penn Yan
Superfund Site, located at 15 Waddell
Avenue in the Village of Penn Yan,
Yates County, New York (the ‘‘Site’’).
The two Consent Decrees memorialize
two separate settlements and require the
settling parties to reimburse EPA’s past
response costs related to the Site.
The first Consent Decree, between the
United States and the County of Yates
(‘‘Yates County’’) in the State of New
York, requires that Yates County pay to
the EPA Hazardous Substance
Superfund the principal sum of
$275,000, plus interest, in two
installments of $137,500. The first
payment is due within 60 days of entry
of the Consent Decree, and the second
payment is due by the first anniversary
of that date.
The second Consent Decree, between
the United States and Camille J. Amato,
Thomas Amato, Penn Yan Boat
Company LLC, Penn Yan Marine
Manufacturing Corp., and Camille
Properties, Inc., requires the settling
parties to pay to the EPA Hazardous
Substance Superfund the principal sum
of $140,000, plus interest, in three
installments. The first payment of
$50,000 is due within 30 days of entry
of the Consent Decree, with the second
and third payments of $45,000 plus
interest due on the first and second
anniversary of that date, respectively.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Decree. Comments should
be addressed to the Assistant Attorney
General, Environmental and Natural
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Camille J. Amato, et al., Civil
Action No. 08–CV–6366 (W.D.NY), D.J.
Ref. 90–11–3–09115.
The Decree may be examined at the
Office of the United States Attorney,
Western District of New York, 100 State
Street, Rochester, NY 14614, and at U.S.
EPA Region II, 290 Broadway, New
York, New York 10007. During the
public comment period, the Decree, may
also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
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49221
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $23.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Ronald G. Gluck,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E8–19290 Filed 8–19–08; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Advisory Council on Employee Welfare
and Pension Benefit Plans; Notice of
Meeting
Pursuant to the authority contained in
Section 512 of the Employee Retirement
Income Security Act of 1974 (ERISA), 29
U.S.C. 1142, the 143rd open meeting of
the full Advisory Council on Employee
Welfare and Pension Benefit Plans will
be held on September 10, 2008. In
addition, the Working Groups assigned
by the Advisory Council to study the
issues of (1) Phased retirement, (2),
spend-down of retirement assets, and (3)
hard to value assets/target date funds,
will hold public meetings on September
9, 10, and 11. All of the meetings will
take place in Room S3215 A–B, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210.
The purpose of the open meeting of
the full Council, which will run from
8:30 a.m. to approximately 9 a.m., is for
members to be updated on activities of
the Employee Benefits Security
Administration and for chairs of this
year’s Working Groups to provide
progress reports on their individual
study topics.
The purpose of the open Working
Group meetings, which each day will
run from 9 a.m. to approximately 5 p.m.,
with a one hour break for lunch, is for
Working Group members to hear
testimony from invited witnesses and
for discussions of possible
recommendations based on the
testimony. The focus of the Working
Group meeting on September 9 will be
on phased retirement, including issues
E:\FR\FM\20AUN1.SGM
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Agencies
[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49219-49221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19227]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1140-1142 (Final)]
Uncovered Innerspring Units From China, South Africa, and Vietnam
AGENCY: United States International Trade Commission.
[[Page 49220]]
ACTION: Scheduling of the final phase of antidumping investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation Nos. 731-TA-1140-1142 (Final)
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b))
(the Act) to determine whether 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 less-than-fair-value imports from China, South
Africa, and Vietnam of uncovered innerspring units, provided for in
subheading 9404.10.00 of the Harmonized Tariff Schedule of the United
States.\1\
---------------------------------------------------------------------------
\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``* * * uncovered
innerspring units composed of a series of individual metal springs
joined together in sizes corresponding to the sizes of adult
mattresses (e.g., twin, twin long, full, full long, queen,
California king, and king) and units used in smaller constructions,
such as crib and youth mattresses. All uncovered innerspring units
are included in this scope regardless of width and length. Included
within this definition are innersprings typically ranging from 30.5
inches to 76 inches in width and 68 inches to 84 inches in length.
Innersprings for crib mattresses typically range from 25 inches to
27 inches in width and 50 inches to 52 inches in length. Uncovered
innerspring units are suitable for use as the innerspring component
in the manufacture of innerspring mattresses, including mattresses
that incorporate a foam encasement around the innerspring. Pocketed
and non-pocketed innerspring units are included in this definition.
Non-pocketed innersprings are typically joined together with helical
wire and border rods. Non-pocketed innersprings are included in this
definition regardless of whether they have border rods attached to
the perimeter of the innerspring. Pocketed innersprings are
individual coils covered by a ``pocket'' or ``sock'' of a nonwoven
synthetic material or woven material and then glued together in a
linear fashion. Uncovered innersprings are classified under
subheading 9404.29.9010 and have also been classified under
subheadings 9404.10.0000, 7326.20.00.70, 7320.20.5010, or
7320.90.5010 of the Harmonized Tariff Schedule of the United States
(HTS). The HTS subheadings are provided for convenience and customs
purposes only; the written description of the scope of these
investigations is dispositive.''
---------------------------------------------------------------------------
For further information concerning the conduct of this phase of the
investigations, hearing procedures, 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 C
(19 CFR part 207).
DATES: Effective Date: July 30, 2008.
FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202-205-3188),
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 (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that imports of uncovered innerspring units from
China, South Africa and Vietnam are being sold in the United States at
less than fair value within the meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were requested in a petition filed on
December 31, 2007, by Leggett & Platt, Inc., Carthage, MO.
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
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 the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on October
8, 2008, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on October
22, 2008, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before October 16, 2008. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on October 20, 2008, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is October 15, 2008. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is October 29, 2008; 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 October 29, 2008. On November 7, 2008, 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 November 10,
[[Page 49221]]
2008, 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.
Issued: August 15, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8-19227 Filed 8-19-08; 8:45 am]
BILLING CODE 7020-02-P