Commodity Matchbooks From India, 65881-65882 [E8-26320]

Download as PDF 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 hsrobinson on PROD1PC76 with NOTICES 65882 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Operations has scheduled a conference in connection with these investigations for 9:30 a.m. on November 17, 2008, at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC. Parties wishing to participate in the conference should contact Olympia Hand (202–205–3182) not later than November 13, 2008, to arrange for their appearance. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written Submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before November 20, 2008, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must 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). In accordance with sections 201.16(c) and 207.3 of the 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 VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 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 207.12 of the Commission’s rules. Issued: October 30, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–26320 Filed 11–4–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–501] Textile and Apparel Imports From China: Statistical Reports United States International Trade Commission. ACTION: Institution of investigation. AGENCY: SUMMARY: Following receipt of a request on October 9, 2008, from the Committee on Ways and Means of the U.S. House of Representatives (Committee) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332–501, Textile and Apparel Imports from China: Statistical Reports. DATES: December 1, 2008: Submission of first report, including compilation of historical data. Every 2 weeks: Statistical reports sent to the Committee every 2 weeks thereafter and posted on the Commission’s Web site. Annually: Publication of a compilation of monthly Census data. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW., Washington, DC. Any written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://www.usitc.gov/secretary/ edis.htm. FOR FURTHER INFORMATION CONTACT: Project leader Donald Sussman (202– 205–3331 or donald.sussman@usitc.gov) for information specific to this investigation. For information on the legal aspects of these investigations, contact William Gearhart of the Commission’s Office of the General PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). 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. Background: In its letter the Committee noted that the U.S.-China Memorandum of Understanding (MOU) Concerning Trade in Textile and Apparel Products expires on December 31, 2008. The Committee noted that the United States, in entering into the agreement in November 2005, sought to provide a more stable and predictable trading environment. The Committee expressed concern that a market disrupting surge in textile and apparel imports from China could occur after the MOU expires. In order that the Committee might have accurate and timely information regarding the imports, the Committee requested that the Commission provide statistical reports every 2 weeks on the volume, value, unit value, and import market share of certain textile and apparel imports from China. Specifically, the Committee asked that the Commission compile these data for each product covered by the MOU at both the three-digit textile/apparel category level and at the 10-digit Harmonized Tariff Schedule level for each product within each of the threedigit textile/apparel categories. The Committee asked that the Commission, to the extent practicable and within a reasonable time after data become available, provide the Committee with preliminary Customs data once every 2 weeks and that the Commission post these reports on its Web site. The Committee also asked that the Commission include updated final Census data in the appropriate report when they become available. The Committee stated that it is not, at this time, requesting any analysis of the data, but rather is seeking the statistical data that will allow it to monitor the volume and unit values of textile and apparel imports from China to determine whether a more comprehensive investigation is appropriate. The Committee noted that the data the Commission provides already will have been compiled and E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65881-65882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26320]


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

 INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-459 and 731-TA-1155 (Preliminary)]


Commodity Matchbooks From India

AGENCY: United States International Trade Commission.

ACTION: Institution of countervailing duty investigation and 
antidumping duty investigation and scheduling of preliminary phase 
investigations.

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

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 at Commerce within five business days 
thereafter, or by December 22, 2008.
---------------------------------------------------------------------------

    \1\ Commodity matchbooks contain paper match stems which are 
stitched, stapled, or otherwise fastened into a matchbook cover of 
any material.
---------------------------------------------------------------------------

    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

[[Page 65882]]

APO issued in the investigations, provided that the application is made 
not later than seven days after the publication of this notice in the 
Federal Register. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Operations has scheduled 
a conference in connection with these investigations for 9:30 a.m. on 
November 17, 2008, at the U.S. International Trade Commission Building, 
500 E Street, SW., Washington, DC. Parties wishing to participate in 
the conference should contact Olympia Hand (202-205-3182) not later 
than November 13, 2008, to arrange for their appearance. Parties in 
support of the imposition of countervailing and antidumping duties in 
these investigations and parties in opposition to the imposition of 
such duties will each be collectively allocated one hour within which 
to make an oral presentation at the conference. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the conference.
    Written Submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before November 20, 2008, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference no later than three days before the 
conference. If briefs or written testimony contain BPI, they must 
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).
    In accordance with sections 201.16(c) and 207.3 of the 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 207.12 of the Commission's rules.

    Issued: October 30, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26320 Filed 11-4-08; 8:45 am]
BILLING CODE 7020-02-P
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