Electrolytic Manganese Dioxide From Australia and China, 60322-60323 [E8-24127]

Download as PDF 60322 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices may end on November 13, 2008, if all business is completed. The proposed SRC meeting agenda includes the following: 1. Call to order. 2. SRC Roll Call and Confirmation of Quorum. 3. SRC Chair and Superintendent’s Welcome and Introductions. 4. Approval of Minutes from Last SRC Meeting. 5. Review and Approve Agenda. 6. Status of SRC Membership and Charter. 7. SRC Member Reports. 8. Park Subsistence Manager Report. 9. Gates of the Arctic National Park and Preserve Staff Reports. a. Resource Management Report. b. Ranger Division Update. c. Wildlife Biologist Report-Status of Wildlife Surveys. d. Alaska Board of Game Update. e. Federal Subsistence Board Update. 10. October 2007 SRC Chairs Workshop Report. 11. Old Business. 12. New Business. 13. Public and other Agency Comments. 14. SRC Work Session. 15. Set Time and Place for next SRC Meeting. 16. Adjournment. SUPPLEMENTARY INFORMATION: SRC meeting location and date may need to be changed based on weather or local circumstances. If meeting date and location are changed, a notice will be published in local newspapers and announced on local radio stations prior to the meeting date. The meeting may end early if all business is completed. Victor Knox, Deputy Regional Director. [FR Doc. E8–23775 Filed 10–9–08; 8:45 am] BILLING CODE 4312–HC–M INTERNATIONAL TRADE COMMISSION mstockstill on PROD1PC66 with NOTICES [Investigation No. 337–TA–619] In the Matter of: Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting-inPart Complainant’s Motion To Amend the Complaint and Amending the Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: VerDate Aug<31>2005 20:11 Oct 09, 2008 Jkt 217001 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 40) issued by the presiding administrative law judge (‘‘ALJ’’) in the above-referenced investigation grantingin-part complainant’s motion to amend the complaint and amending the notice of 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. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on December 12, 2007, based on a complaint filed by SanDisk Corporation (‘‘SanDisk’’). 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 flash memory controllers, drives, memory cards, media players, and products containing the same by reason of infringement of various claims of five United States patents. The complaint named nearly fifty respondents. On July 31, 2008, SanDisk moved to amend the complaint to (1) add Verbatim Americas, LLC as a respondent to reflect respondent Verbatim Corporation’s corporate restructuring; (2) add as respondents Zhubai Chipsbank Microelectronics Co., Ltd. (‘‘Zhubai’’) and Chipsbrand Technologies (HK) Co., Ltd. (‘‘Chipsbrand’’), both of which are wholly-owned subsidiaries of respondent Chipsbank Technologies (Shenzhen) Co., Ltd. (‘‘Chipsbank’’); (3) clarify that claims 12, 14, 17, and 58 of U.S. Patent No. 6,426,893 are asserted against respondent Afa Technologies, Inc.; (4) assert claim 8 of U.S. Patent No. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 7,137,011 against respondents Transcend Information, Inc. (Taiwan), Transcend Information, Inc. (California), and Transcend Information Maryland, Inc.; and (5) assert claims 24 and 30 of U.S. Patent No. 6,763,424 against respondent Chipsbank and proposed respondents Zhubai and Chipsbrand. On September 12, 2008, the ALJ issued Order No. 40, granting SanDisk’s motion with regard to items (1) and (2) and also so amending the notice of investigation, but denying the motion or finding it moot with regard to items (3)– (5). Only those portions of Order No. 40 granting SanDisk’s motion and amending the notice of investigation constitute an initial determination subject to potential Commission review. No petitions for review of this ID were filed. The Commission has determined not to review the ALJ’s 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 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). Issued: October 6, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–24128 Filed 10–9–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1124 and 1125 (Final)] Electrolytic Manganese Dioxide From Australia and China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from Australia and China of electrolytic manganese dioxide (‘‘EMD’’), provided for in subheading 2820.10.00 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (Commerce) to be sold in the United States at less than fair value (LTFV). 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\10OCN1.SGM 10OCN1 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices Background The Commission instituted these investigations effective August 22, 2007, following receipt of a petition filed with the Commission and Commerce by Tronox LLC, Oklahoma City, OK. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of EMD from Australia and China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 30, 2008 (73 FR 23491). The hearing was held in Washington, DC, on July 24, 2008, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on September 25, 2008. The views of the Commission are contained in USITC Publication 4036 (September 2008), entitled Electrolytic Manganese Dioxide from Australia and China: Investigation Nos. 731–TA–1124 and 1125 (Final). Issued: October 7, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–24127 Filed 10–9–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–564; Enforcement Proceeding] In the Matter of Certain Voltage Regulators, Components Thereof and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the limited exclusion order issued at the conclusion of the above-captioned investigation. VerDate Aug<31>2005 Paul M. Bartkowski, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5432. Copies of all nonconfidential 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 (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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on March 22, 2006 based on a complaint filed by Linear Technology Corporation (‘‘Linear’’) of Milpitas, California. 71 FR 14545 (March 22, 2006). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 (‘‘section 337’’) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain voltage regulators, components thereof and products containing the same by reason of infringement of claims 1–14 and 23–25 of U.S. Patent No. 6,411,531 (‘‘the ‘531 patent’’) and claims 1–19, 31, 34, and 35 of U.S. Patent No. 6,580,258 (‘‘the ‘258 patent’’). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint named Advanced Analogic Technologies, Inc. (‘‘AATI’’) of Sunnyvale, California as the sole respondent. Several claims were terminated during the investigation, and only claims 4, 9, and 26 of the ‘531 patent and claims 2, 3, 34, and 35 of the ‘258 patent were adjudicated. On May 22, 2007, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’), finding no violation of section 337. Specifically, the ALJ found that none of AATI’s accused products directly infringed the asserted claims of the ‘258 patent, but that one accused product directly infringed claims 4 and 26 of the ‘531 patent. The ALJ found no indirect infringement of the asserted claims of either patent. As to validity, the ALJ determined that claim 35 of the ‘258 FOR FURTHER INFORMATION CONTACT: 20:11 Oct 09, 2008 Jkt 217001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 60323 patent and claims 4, 9, and 26 of the ‘531 patent were invalid due to anticipation, rejecting other arguments of invalidity, unenforceability, and estoppel. The ALJ also determined that a domestic industry existed with regard to the ‘258 patent, but not with regard to the ‘531 patent, because of a failure to meet the technical prong of the domestic industry requirement. On July 24, 2007, the Commission determined to review certain issues regarding the ‘258 patent, but determined not to review the ALJ’s ID regarding the ‘531 patent (except for one issue on which it took no position), resulting in a final determination of no violation with respect to the ‘531 patent. On September 24, 2007, after review, the Commission issued its final determination in the investigation with respect to the ‘258 patent, reversing the ALJ on certain issues and finding a violation of section 337. Specifically, the Commission found claims 2, 3, and 34 of the ‘258 patent valid and infringed by one representative product of AATI. The Commission issued a limited exclusion order directed to AATI with regard to voltage regulators covered by claims 2, 3, and 34 of the ‘258 patent. The Commission also determined that the public interest factors enumerated in 19 U.S.C. 1337(d) did not preclude issuance of the limited exclusion order, and that the bond during the Presidential review period would be 100 percent of the entered value of each voltage regulator that is subject to the order. Linear filed a complaint on February 20, 2008, an amended complaint on June 18, 2008, and a second amended complaint on August 29, 2008, requesting that the Commission institute a formal enforcement proceeding against AATI under Commission rule 210.75 for violation of the limited exclusion order. Having examined the amended enforcement complaint, and having found it complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, the Commission has determined to institute a formal enforcement proceeding to determine whether AATI is in violation of the Commission’s limited exclusion order issued in the investigation, and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainant Linear, (2) respondent AATI, and (3) a Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60322-60323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24127]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1124 and 1125 (Final)]


Electrolytic Manganese Dioxide From Australia and China

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to section 735(b) of the Tariff Act 
of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United 
States is materially injured by reason of imports from Australia and 
China of electrolytic manganese dioxide (``EMD''), provided for in 
subheading 2820.10.00 of the Harmonized Tariff Schedule of the United 
States, that have been found by the Department of Commerce (Commerce) 
to be sold in the United States at less than fair value (LTFV).
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).

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[[Page 60323]]

Background

    The Commission instituted these investigations effective August 22, 
2007, following receipt of a petition filed with the Commission and 
Commerce by Tronox LLC, Oklahoma City, OK. The final phase of the 
investigations was scheduled by the Commission following notification 
of preliminary determinations by Commerce that imports of EMD from 
Australia and China were being sold at LTFV within the meaning of 
section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the 
scheduling of the final phase of the Commission's investigations and of 
a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of April 30, 2008 (73 FR 23491). The 
hearing was held in Washington, DC, on July 24, 2008, and all persons 
who requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on September 25, 2008. The 
views of the Commission are contained in USITC Publication 4036 
(September 2008), entitled Electrolytic Manganese Dioxide from 
Australia and China: Investigation Nos. 731-TA-1124 and 1125 (Final).

    Issued: October 7, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-24127 Filed 10-9-08; 8:45 am]
BILLING CODE 7020-02-P

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