Commodity Matchbooks From India, 65881-65882 [E8-26320]
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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
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17:24 Nov 04, 2008
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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.
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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
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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
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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
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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
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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