In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof; Notice of Investigation, 10963-10964 [E9-5426]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
KANSAS
Dickinson County
Eliason Barn, (Agriculture-Related Resources
of Kansas), 147 KS 4, Gypsum, 09000189.
Ellis County
Mermis, J.A., House, 1401 Ash St., Hays,
09000190.
Montgomery County
Brown Barn, (Agriculture-Related Resources
of Kansas), 5879 Co. Rd. 4300,
Independence, 09000191.
Ness County
Thornburg Barn, (Agriculture-Related
Resources of Kansas), Co. Rd. A, 1.5 mi. W.
of D Rd., Utica, 09000192.
Pottawatomie County
Teske Farmstead, (Agriculture-Related
Resources of Kansas), 20795 Major Jenkins
Rd., Onaga, 09000193.
Republic County
Shimanek Barn, (Agriculture-Related
Resources of Kansas), 1806 220 Rd.,
Munden, 09000194.
Sheridan County
Shafer Barn, (Agriculture-Related Resources
of Kansas), Co. Rd. 50S, 1.5 mi. W. of Co.
Rd. 80E, Hoxie, 09000195.
MASSACHUSETTS
Worcester County
Parkman Parsonage Historic District, Portions
of E. Main St., High St., Lincoln St., Milk
St., Prospect and Spring Sts., Westborough,
09000196.
WISCONSIN
Columbia County
Goeres Park, 101 Fair St., Lodi, 09000197.
Lodi School Hillside Improvement Site,
Corner St., bounded by Pleasant St. and
Columbus St., Lodi, 09000198.
[FR Doc. E9–5501 Filed 3–12–09; 8:45 am]
BILLING CODE 4310–70–P
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2008).
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–670]
In the Matter of Certain Adjustable
Keyboard Support Systems and
Components Thereof; Notice of
Investigation
sroberts on PROD1PC70 with NOTICES
AGENCY: U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
February 10, 2009, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Humanscale
Corporation of New York, New York.
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
The complaint alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain adjustable keyboard support
systems and components thereof that
infringe certain claims of U.S. Patent
No. 5,292,097. The complaint further
alleges that an industry in the United
States exists as required by subsection
(a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained 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 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.
FOR FURTHER INFORMATION CONTACT:
Benjamin Levi, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2781.
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
March 6, 2009, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain adjustable
keyboard support systems or
components thereof that infringe one or
more of claims 7, 10, 26, 27, 34, 37, 38,
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
10963
and 44 of U.S. Patent No. 5,292,097, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is—Humanscale
Corporation, 11 East 26th Street, 8th
Floor, New York, New York 10010.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
COMPX International, Inc., 5430 LBJ
Freeway, Suite 1700, Dallas, Texas
75240.
COMPX Waterloo, 501 Manitou Drive,
Kitchener, Ontario, Canada N2C 1L2.
(c) The Commission investigative
attorney, party to this investigation, is
Benjamin Levi, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted,
Paul J. Luckern, Chief Administrative
Law Judge, U.S. International Trade
Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
a respondent.
Issued: March 9, 2009.
E:\FR\FM\13MRN1.SGM
13MRN1
10964
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–5426 Filed 3–12–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigations Nos. 701–TA–457 (Final) and
731–TA–1153 (Final)]
Tow-Behind Lawn Groomers From
China
AGENCY: United States International
Trade Commission.
ACTION: Scheduling of the final phase of
countervailing duty and antidumping
investigations.
sroberts on PROD1PC70 with NOTICES
SUMMARY: The Commission hereby gives
notice of the scheduling of the final
phase of countervailing duty
investigation No. 701–TA–457 (Final)
under section 705(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)) (the Act) and
the final phase of antidumping
investigation No. 731–TA–1153 (Final)
under section 735(b) of the Act (19
U.S.C. 1673d(b)) to determine whether
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
subsidized and less-than-fair-value
imports from China of tow-behind lawn
groomers, provided for in subheadings
8432.40.00, 8432.80.00, 8432.90.00,
8479.89.98, 8479.90.94, and 9603.50.00
of the Harmonized Tariff Schedule of
the United States.11
11 For purposes of these investigations, the
Department of Commerce has defined the subject
merchandise as:
‘‘* * * Certain non-motorized tow behind lawn
groomers (‘‘lawn groomers’’), manufactured from
any material, and certain parts thereof. Lawn
groomers are defined as lawn sweepers, aerators,
dethatchers, and spreaders. Unless specifically
excluded, lawn groomers that are designed to
perform at least one of the functions listed above
are included in the scope of these investigations,
even if the lawn groomer is designed to perform
additional non-subject functions (e.g., mowing). All
lawn groomers are designed to incorporate a hitch,
of any configuration, which allows the product to
be towed behind a vehicle. Lawn groomers that are
designed to incorporate both a hitch and a push
handle, of any type, are also covered by the scope
of these investigations. The hitch and handle may
be permanently attached or removable, and they
may be attached on opposite sides or on the same
side of the lawn groomer. Lawn groomers designed
to incorporate a hitch, but where the hitch is not
attached to the lawn groomer, are also included in
the scope of the investigations. Lawn sweepers
consist of a frame, as well as a series of brushes
attached to an axle or shaft which allows the
brushing component to rotate. Lawn sweepers also
include a container (which is a receptacle into
which debris swept from the lawn or turf is
deposited) supported by the frame. Aerators consist
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
of a frame, as well as an aerating component that
is attached to an axle or shaft which allows the
aerating component to rotate. The aerating
component is made up of a set of knives fixed to
a plate (known as a ‘‘plug aerator’’), a series of discs
with protruding spikes (a ‘‘spike aerator’’), or any
other configuration, that are designed to create
holes or cavities in a lawn or turf surface.
Dethatchers consist of a frame, as well as a series
of tines designed to remove material (e.g., dead
grass or leaves) or other debris from the lawn or
turf. The dethatcher tines are attached to and
suspended from the frame. Lawn spreaders consist
of a frame, as well as a hopper (i.e., a container of
any size, shape, or material) that holds a media to
be spread on the lawn or turf. The media can be
distributed by means of a rotating spreader plate
that broadcasts the media (‘‘broadcast spreader’’), a
rotating agitator that allows the media to be released
at a consistent rate (‘‘drop spreader’’), or any other
configuration. Lawn dethatchers with a net fullyassembled weight (i.e., without packing, additional
weights, or accessories) of 100 pounds or less are
covered by the scope of the investigations. Other
lawn groomers—sweepers, aerators, and
spreaders—with a net fully-assembled weight (i.e.,
without packing, additional weights, or accessories)
of 200 pounds or less are covered by the scope of
the investigations. Also included in the scope of the
investigations are modular units, consisting of a
chassis that is designed to incorporate a hitch,
where the hitch may or may not be included, which
allows modules that perform sweeping, aerating,
dethatching, or spreading operations to be
interchanged. Modular units—when imported with
one or more lawn grooming modules—with a fully
assembled net weight (i.e., without packing,
additional weights, or accessories) of 200 pounds or
less when including a single module, are included
in the scope of the investigations. Modular unit
chasses, imported without a lawn grooming module
and with a fully assembled net weight (i.e., without
packing, additional weights, or accessories) of 125
pounds or less, are also covered by the scope of the
investigations. When imported separately, modules
that are designed to perform subject lawn grooming
functions (i.e., sweeping, aerating, dethatching, or
spreading), with a fully assembled net weight (i.e.,
without packing, additional weights, or accessories)
of 75 pounds or less, and that are imported with
or without a hitch, are also covered by the scope.
Lawn groomers, assembled or unassembled, are
covered by these investigations. For purposes of
these investigations, ‘‘unassembled lawn groomers’’
consist of either (1) all parts necessary to make a
fully assembled lawn groomer, or (2) any
combination of parts, constituting a less than
complete, unassembled lawn groomer, with a
minimum of two of the following ‘‘major
components’’:
(1) An assembled or unassembled brush housing
designed to be used in a lawn sweeper, where a
brush housing is defined as a component housing
the brush assembly, and consisting of a wrapper
which covers the brush assembly and two end
plates attached to the wrapper;
(2) a sweeper brush;
(3) an aerator or dethatcher weight tray, or similar
component designed to allow weights of any sort
to be added to the unit;
(4) a spreader hopper;
(5) a rotating spreader plate or agitator, or other
component designed for distributing media in a
lawn spreader;
(6) dethatcher tines;
(7) aerator spikes, plugs, or other aerating
component; or
(8) a hitch.
The major components or parts of lawn groomers
that are individually covered by these
investigations under the term ‘‘certain parts
thereof’’ are: (1) Brush housings, where the wrapper
and end plates incorporating the brush assembly
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, 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 C (19 CFR part 207).
DATES: Effective Date: January 28, 2009.
FOR FURTHER INFORMATION CONTACT:
Jennifer Merrill (202–205–3188), Office
of Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired 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.—The final phase of
these investigations is being scheduled
as a result of affirmative preliminary
determinations by the Department of
Commerce that certain benefits which
constitute subsidies within the meaning
of section 703 of the Act (19 U.S.C.
may be individual pieces or a single piece; and (2)
weight trays, or similar components designed to
allow weights of any sort to be added to a
dethatcher or an aerator unit. The products for
which relief is sought specifically exclude the
following: (1) Agricultural implements designed to
work (e.g., churn, burrow, till, etc.) soil, such as
cultivators, harrows, and plows; (2) lawn or farm
carts and wagons that do not groom lawns; (3)
grooming products incorporating a motor or an
engine for the purpose of operating and/or
propelling the lawn groomer; (4) lawn groomers that
are designed to be hand held or are designed to be
attached directly to the frame of a vehicle, rather
than towed; (5) ‘‘push’’ lawn grooming products
that incorporate a push handle rather than a hitch,
and which are designed solely to be manually
operated; (6) dethatchers with a net assembled
weight (i.e., without packing, additional weights, or
accessories) of more than 100 pounds, or lawn
groomers-sweepers, aerators, and spreaders-with a
net fully-assembled weight (i.e., without packing,
additional weights, or accessories) of more than 200
pounds; and (7) lawn rollers designed to flatten
grass and turf, including lawn rollers which
incorporate an aerator component (e.g., ‘‘drumstyle’’ spike aerators). The lawn groomers that are
the subject of these investigations are currently
classifiable in the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) statistical reporting
numbers 8432.40.0000, 8432.80.0000, 8432.80.0010,
8432.90.0030, 8432.90.0080, 8479.89.9896,
8479.89.9897, 8479.90.9496, and 9603.50.0000.
These HTSUS provisions are given for reference
and customs purposes only, and the description of
merchandise is dispositive for determining the
scope of the product included in these
investigations.’’
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10963-10964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5426]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-670]
In the Matter of Certain Adjustable Keyboard Support Systems and
Components Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 10, 2009, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Humanscale Corporation of New York, New York. The complaint alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain adjustable keyboard support systems and
components thereof that infringe certain claims of U.S. Patent No.
5,292,097. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112,
Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
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 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.
FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2781.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2008).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 6, 2009, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain adjustable
keyboard support systems or components thereof that infringe one or
more of claims 7, 10, 26, 27, 34, 37, 38, and 44 of U.S. Patent No.
5,292,097, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--Humanscale Corporation, 11 East 26th
Street, 8th Floor, New York, New York 10010.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
COMPX International, Inc., 5430 LBJ Freeway, Suite 1700, Dallas, Texas
75240.
COMPX Waterloo, 501 Manitou Drive, Kitchener, Ontario, Canada N2C 1L2.
(c) The Commission investigative attorney, party to this
investigation, is Benjamin Levi, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, Paul J. Luckern, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against a respondent.
Issued: March 9, 2009.
[[Page 10964]]
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-5426 Filed 3-12-09; 8:45 am]
BILLING CODE 7020-02-P
