In the Matter of Certain Rubber Antidegradants, Antidegradant Intermediates and Products Containing the Same; Notice of Commission Determination Not To Review an Initial Determination of the Administrative Law Judge Granting Sinorgchem's Summary Determination Motion and Kumho's Summary Determination Motion; Termination of the Investigation, 65880-65881 [E8-26316]

Download as PDF hsrobinson on PROD1PC76 with NOTICES 65880 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices Caterpillar’s overseas affiliates, subsidiaries, and official dealers? 3. Does the record indicate the total quantity of gray market sales made in the United States from 2000 to 2006? If not, could Caterpillar provide this information if given the opportunity to supplement its motion for summary determination of no violation? In connection with the final disposition of this investigation, the Commission may issue an order that results in the exclusion of the subject articles from entry into the United States. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submission on the issues identified in this notice. Parties to the VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determinations on remedy and bonding which were made by the ALJ in Order No. 67. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to state the HTSUS numbers under which the accused products are imported. Written submissions and proposed remedial orders must be filed no later than close of business on Tuesday, November 18, 2008. Reply submissions must be filed no later than the close of business on Tuesday, November 25, 2008. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof with the Office of the Secretary on or before the aforementioned deadlines. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. 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 210.16 and 210.42–46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16; 210.42–46). Issued: October 30, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–26319 Filed 11–4–08; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–652] In the Matter of Certain Rubber Antidegradants, Antidegradant Intermediates and Products Containing the Same; Notice of Commission Determination Not To Review an Initial Determination of the Administrative Law Judge Granting Sinorgchem’s Summary Determination Motion and Kumho’s Summary Determination Motion; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination of the presiding administrative law judge granting respondents’ summary determination motions in the abovecaptioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. This action terminates the investigation. FOR FURTHER INFORMATION CONTACT: James Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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: On July 10, 2008, the Commission instituted this investigation based upon a complaint filed on behalf of Flexsys America L.P. (St. Louis, Missouri) (‘‘Flexsys’’). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, and the sale within the United States after importation of E:\FR\FM\05NON1.SGM 05NON1 hsrobinson on PROD1PC76 with NOTICES Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices certain rubber antidegradants, antidegradant intermediates, and products containing the same that infringe claims 61–74 of U.S. Patent No. 5,453,541 (‘‘the ‘541 patent’’) and claims 23–28 of U.S. Patent No. 5,608,111 (‘‘the ‘111 patent’’). 73 FR 39719 (July 10, 2008). The complaint named as respondents Sinorgchem Co., Shandong (Shandong, China) (‘‘Sinorgchem’’), Korea Kumho Petrochemical Co., Ltd. (Seoul, South Korea), Kumho Tire USA, Inc. (Rancho Cucamonga, California), and Kumho Tire Co., Inc. (Seoul, South Korea). (The last three respondents are referred to collectively as ‘‘Kumho.’’) The Commission in its notice of institution noted that the ALJ might wish to consider whether the claims asserted in this investigation were precluded by prior litigation. 73 FR 39719. On July 29, 2008, Sinorgchem moved for summary determination and dismissal of this investigation as to Sinorgchem, stating that Flexsys’s claims in the complaint for this investigation represent improper claim splitting as to the ‘111 patent and claim preclusion as to the ‘541 patent. On July 31, 2008, Kumho moved for summary determination that Flexsys is also precluded from re-litigating its ‘111 and ‘541 patents against Kumho. The Commission investigative attorney filed responses on August 4 and 5, 2008, respectively in support of Sinorgchem and Kumho. Flexsys filed a response in opposition on August 4, 2008. The ALJ heard argument at a preliminary conference on August 5, 2008. On August 8, 2008, the ALJ issued Order No. 6, asking the parties to respond to certain questions. On August 15, 2008, Sinorgchem and Kumho each filed submissions. On August 22, 2008, Flexsys filed a response. On August 28, 2008, Sinorgchem filed a supplemental response. On August 29, 2008, the Commission investigative attorney filed a submission. On September 3, 2008, Flexsys filed a surreply. On September 15, 2008, the ALJ issued the subject ID (Order No. 9), granting the motions for summary determination and terminating the investigation in its entirety. On September 29, 2008, Flexsys filed a petition for review of the subject ID. On October 6, 2008, Sinorgchem, Kumho, and the Commission investigative attorney filed responses opposing the petition. Having examined the relevant portions of the record in this investigation, including the ID, the petition for review, and the responses thereto, the Commission has determined not to review the subject ID. The VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 investigation is terminated in its entirety. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42–.46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.46). By order of the Commission. Issued: October 30, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–26316 Filed 11–4–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–459 and 731– TA–1155 (Preliminary)] Commodity Matchbooks From India United States International Trade Commission. ACTION: Institution of countervailing duty investigation and antidumping duty investigation and scheduling of preliminary phase investigations. AGENCY: SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty and antidumping duty investigations Nos. 701–TA–459 and 731–TA–1155 (Preliminary) under section 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a)) (the Act) and section 733(a) (19 U.S.C. 1673b(a)) to determine whether there is a reasonable indication that 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 imports from India of commodity matchbooks, provided for in subheading 3605.00.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of India,1 and that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)) or 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach preliminary determinations in countervailing duty and antidumping investigations in 45 days, or in these cases by December 15, 2008. The Commission’s views are due 1 Commodity matchbooks contain paper match stems which are stitched, stapled, or otherwise fastened into a matchbook cover of any material. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 65881 at Commerce within five business days thereafter, or by December 22, 2008. For further information concerning the conduct of these investigations 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 B (19 CFR part 207). DATES: Effective Date: October 29, 2008. FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202–205–3182), 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.—These investigations are being instituted in response to a petition filed on October 29, 2008, by D.D. Bean & Sons Co., Jaffrey, NH. Participation in the Investigations and Public Service List.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission countervailing duty and antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. 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 these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65880-65881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26316]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-652]


In the Matter of Certain Rubber Antidegradants, Antidegradant 
Intermediates and Products Containing the Same; Notice of Commission 
Determination Not To Review an Initial Determination of the 
Administrative Law Judge Granting Sinorgchem's Summary Determination 
Motion and Kumho's Summary Determination Motion; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination of the 
presiding administrative law judge granting respondents' summary 
determination motions in the above-captioned investigation under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. This 
action terminates the investigation.

FOR FURTHER INFORMATION CONTACT: James Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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: On July 10, 2008, the Commission instituted 
this investigation based upon a complaint filed on behalf of Flexsys 
America L.P. (St. Louis, Missouri) (``Flexsys''). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of

[[Page 65881]]

certain rubber antidegradants, antidegradant intermediates, and 
products containing the same that infringe claims 61-74 of U.S. Patent 
No. 5,453,541 (``the `541 patent'') and claims 23-28 of U.S. Patent No. 
5,608,111 (``the `111 patent''). 73 FR 39719 (July 10, 2008). The 
complaint named as respondents Sinorgchem Co., Shandong (Shandong, 
China) (``Sinorgchem''), Korea Kumho Petrochemical Co., Ltd. (Seoul, 
South Korea), Kumho Tire USA, Inc. (Rancho Cucamonga, California), and 
Kumho Tire Co., Inc. (Seoul, South Korea). (The last three respondents 
are referred to collectively as ``Kumho.'') The Commission in its 
notice of institution noted that the ALJ might wish to consider whether 
the claims asserted in this investigation were precluded by prior 
litigation. 73 FR 39719.
    On July 29, 2008, Sinorgchem moved for summary determination and 
dismissal of this investigation as to Sinorgchem, stating that 
Flexsys's claims in the complaint for this investigation represent 
improper claim splitting as to the `111 patent and claim preclusion as 
to the `541 patent. On July 31, 2008, Kumho moved for summary 
determination that Flexsys is also precluded from re-litigating its 
`111 and `541 patents against Kumho. The Commission investigative 
attorney filed responses on August 4 and 5, 2008, respectively in 
support of Sinorgchem and Kumho. Flexsys filed a response in opposition 
on August 4, 2008. The ALJ heard argument at a preliminary conference 
on August 5, 2008.
    On August 8, 2008, the ALJ issued Order No. 6, asking the parties 
to respond to certain questions. On August 15, 2008, Sinorgchem and 
Kumho each filed submissions. On August 22, 2008, Flexsys filed a 
response. On August 28, 2008, Sinorgchem filed a supplemental response. 
On August 29, 2008, the Commission investigative attorney filed a 
submission. On September 3, 2008, Flexsys filed a surreply.
    On September 15, 2008, the ALJ issued the subject ID (Order No. 9), 
granting the motions for summary determination and terminating the 
investigation in its entirety.
    On September 29, 2008, Flexsys filed a petition for review of the 
subject ID. On October 6, 2008, Sinorgchem, Kumho, and the Commission 
investigative attorney filed responses opposing the petition.
    Having examined the relevant portions of the record in this 
investigation, including the ID, the petition for review, and the 
responses thereto, the Commission has determined not to review the 
subject ID. The investigation is terminated in its entirety.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.46).

    By order of the Commission.

    Issued: October 30, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26316 Filed 11-4-08; 8:45 am]
BILLING CODE 7020-02-P
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