In the Matter of: Certain Hydraulic Excavators, 65879-65880 [E8-26319]
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Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices
York and remained with them when the
community resettled in Wisconsin.
Today their descendants are members of
the Stockbridge Munsee Community.
Other Munsee people joined
communities comprised primarily of
people from southern New Jersey and
Pennsylvania who spoke the Unami
dialect of the Delaware language. These
combined Delaware communities
migrated westward and eventually
settled in Oklahoma. Today descendants
of these communities are members of
the Delaware Nation, Oklahoma or the
Delaware Tribe of the Cherokee Nation,
Oklahoma.
Officials of Delaware Water Gap
National Recreation Area have
determined that, pursuant to 25 U.S.C.
3001 (9–10), the human remains
described above represent the physical
remains of 42 individuals of Native
American ancestry. Officials of
Delaware Water Gap National
Recreation Area also have determined
that, pursuant to 25 U.S.C. 3001 (3)(A),
the 5,566 objects described above are
reasonably believed to have been placed
with or near individual human remains
at the time of death or later as part of
the death rite or ceremony. Lastly,
officials of Delaware Water Gap
National Recreation Area have
determined that, pursuant to 25 U.S.C.
3001 (2), there is a relationship of
shared group identity that can be
reasonably traced between the Native
American human remains and
associated funerary objects and the
Cherokee Nation, Oklahoma; Delaware
Nation, Oklahoma; and Stockbridge
Munsee Community, Wisconsin.
A cultural affiliation determination
was made with the Delaware Tribe of
Indians, Oklahoma prior to its change in
status. This determination is reflected in
this notice as affiliation with the
Cherokee Nation, Oklahoma.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the human remains and
associated funerary objects should
contact John J. Donahue,
superintendent, Delaware Water Gap
National Recreation Area, River Road,
Bushkill, PA 18324, telephone (570)
426–2418, before December 5, 2008.
Repatriation of the human remains and
associated funerary objects to the
Cherokee Nation, Oklahoma; Delaware
Nation, Oklahoma; and Stockbridge
Munsee Community, Wisconsin may
proceed after that date if no additional
claimants come forward.
Delaware Water Gap National
Recreation Area is responsible for
notifying the Cherokee Nation,
Oklahoma; Delaware Nation, Oklahoma;
and Stockbridge Munsee Community,
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17:24 Nov 04, 2008
Jkt 217001
Wisconsin that this notice has been
published.
Dated: October 21, 2008.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8–26350 Filed 11–4–08; 8:45 am]
BILLING CODE 4312–50–S
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–582]
In the Matter of: Certain Hydraulic
Excavators and Components Thereof;
Notice of Commission Decision To
Review the Administrative Law
Judge’s Final Initial Determination;
Schedule for Written Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to review
the presiding administrative law judge’s
(‘‘ALJ’’) final initial determination,
Order No. 67, in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT:
Jonathan Engler, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3112. 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 August
29, 2006, the Commission instituted this
investigation, based on a complaint filed
by Caterpillar Inc. (‘‘Caterpillar’’) of
Peoria, Illinois. The complaint alleges
violations of section 337 in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain hydraulic excavators and
components thereof by reason of
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65879
infringement of U.S. Trademark
Registration No. 2,140,606, U.S.
Trademark Registration No. 2,421,077,
U.S. Trademark Registration No.
2,140,605, and U.S. Trademark
Registration No. 2,448,848. The
complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complaint named twenty one
(21) firms as respondents. The
complainant requested that the
Commission issue a general exclusion
order and cease and desist orders. Two
respondents, Barkley Industries LLC
(‘‘Barkley’’) and Frontera Equipment
Sales (‘‘Frontera’’), have been found in
default. Nineteen respondents have
been terminated as a result of settlement
agreements.
On September 9, 2008, the ALJ issued
an initial determination, Order No. 67,
granting Caterpillar’s motion for
summary determination concerning
violations of section 337. He also issued
his recommended determinations on
remedy and bonding. No petitions for
review of the initial determination were
filed. On October 8, 2008, the
Commission extended the date for
determining whether to review the
initial determination until October 30,
2008.
The Commission has determined to
review Order No. 67. The Commission
requests briefing by the parties, based
on the record, on the following
questions:
1. Has Caterpillar rebutted the
presumption established by the U.S.
Court of Appeals for the Federal Circuit
in Bourdeau Bros., Inc. v. International
Trade Commission, 444 F.3d 1317 (Fed.
Cir. 2006), that its official U.S. dealers
had apparent authority to sell gray
market hydraulic excavators in the
United States? If not, could Caterpillar
rebut the presumption if given the
opportunity to supplement its motion
for summary determination of no
violation? For background concerning
the Commission’s analytical approach
in gray market cases, please refer to the
Commission Opinion in Certain
Agricultural Vehicles and Components
Thereof, Inv. No. 337–TA–487 (Aug. 25,
2008).
2. Did any of Caterpillar’s overseas
affiliates, subsidiaries, and/or official
dealers sell gray market hydraulic
excavators to or in the United States? If
so, has Caterpillar rebutted, or if given
the opportunity could Caterpillar rebut,
the presumption that these dealers had
actual or apparent authority to sell these
excavators in the United States? Also,
how many gray market sales were made
to or in the United States by
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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
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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
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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
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Agencies
[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65879-65880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26319]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-582]
In the Matter of: Certain Hydraulic Excavators and Components
Thereof; Notice of Commission Decision To Review the Administrative Law
Judge's Final Initial Determination; Schedule for Written Submissions
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review the presiding administrative law
judge's (``ALJ'') final initial determination, Order No. 67, in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3112. 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 August 29, 2006, the Commission
instituted this investigation, based on a complaint filed by
Caterpillar Inc. (``Caterpillar'') of Peoria, Illinois. The complaint
alleges violations of section 337 in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain hydraulic excavators and components
thereof by reason of infringement of U.S. Trademark Registration No.
2,140,606, U.S. Trademark Registration No. 2,421,077, U.S. Trademark
Registration No. 2,140,605, and U.S. Trademark Registration No.
2,448,848. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337. The
complaint named twenty one (21) firms as respondents. The complainant
requested that the Commission issue a general exclusion order and cease
and desist orders. Two respondents, Barkley Industries LLC
(``Barkley'') and Frontera Equipment Sales (``Frontera''), have been
found in default. Nineteen respondents have been terminated as a result
of settlement agreements.
On September 9, 2008, the ALJ issued an initial determination,
Order No. 67, granting Caterpillar's motion for summary determination
concerning violations of section 337. He also issued his recommended
determinations on remedy and bonding. No petitions for review of the
initial determination were filed. On October 8, 2008, the Commission
extended the date for determining whether to review the initial
determination until October 30, 2008.
The Commission has determined to review Order No. 67. The
Commission requests briefing by the parties, based on the record, on
the following questions:
1. Has Caterpillar rebutted the presumption established by the U.S.
Court of Appeals for the Federal Circuit in Bourdeau Bros., Inc. v.
International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006), that
its official U.S. dealers had apparent authority to sell gray market
hydraulic excavators in the United States? If not, could Caterpillar
rebut the presumption if given the opportunity to supplement its motion
for summary determination of no violation? For background concerning
the Commission's analytical approach in gray market cases, please refer
to the Commission Opinion in Certain Agricultural Vehicles and
Components Thereof, Inv. No. 337-TA-487 (Aug. 25, 2008).
2. Did any of Caterpillar's overseas affiliates, subsidiaries, and/
or official dealers sell gray market hydraulic excavators to or in the
United States? If so, has Caterpillar rebutted, or if given the
opportunity could Caterpillar rebut, the presumption that these dealers
had actual or apparent authority to sell these excavators in the United
States? Also, how many gray market sales were made to or in the United
States by
[[Page 65880]]
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 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 non-confidential 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