Certain Magnesia Carbon Bricks From China and Mexico, 39969-39970 [E9-19061]

Download as PDF Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices (‘‘IA’’) and Ineos opposed Sinochem’s petition. On June 1, 2009, the Commission determined to review the RID in its entirety and requested briefing on certain questions. The Commission determined to extend the target date to August 3, 2009, to accommodate its review. Having examined the record of this investigation, including the ALJ’s RID and the submissions of the parties, the Commission has determined to reverse the conclusion of nonobviousness of claim 1 of the ‘276 patent in the RID. In so finding, the Commission has determined to rely on certain party admissions and other evidence as to the state of the prior art. The Commission majority has determined to take no position on the RID’s conclusions relating to obviousness arguments based on prior art references identified in the Commission’s remand instructions, including the RID’s conclusions on whether arguments as to those references have been waived. The Commission has also determined not to rely on the RID’s conclusions as to anticipation and waiver of anticipation arguments. The Commission has further determined to deny Sinochem’s motion to strike portions of Ineos’s response to its written submission and for leave to file a reply to that submission. The Commission has determined also to deny Sinochem’s motion to conform pleadings to evidence taken. These findings terminate the Commission’s investigation. 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 Rule 210.45 of the Commission’s Rules of Practice and Procedure (19 CFR Part 210.45). By order of the Commission. Issued: August 4, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–19015 Filed 8–7–09; 8:45 am] rmajette on DSK29S0YB1PROD with NOTICES BILLING CODE 7020–02–P VerDate Nov<24>2008 15:09 Aug 07, 2009 Jkt 217001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–676] In the Matter of Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on a Consent Order 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 the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 8) granting the joint motion of complainant Lutron Electronics Co., Inc. (‘‘Lutron’’) and respondent Universal Smart Electric Corp. (‘‘Universal’’) to terminate the investigation based on a consent order. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. 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: The Commission instituted this investigation on May 11, 2009, based on a complaint filed by Lutron of Coopersburg, Pennsylvania. 74 FR 21820 (May 11, 2009). The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighting control devices including dimmer switches and parts thereof by reason of infringement of United States Patent Nos. 5,637,930 and 5,248,919 as well as U.S. Trademark PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 39969 Registration No. 3,061,804. The complaint named Universal of Irvine, California as the sole respondent. On July 8, 2009, Universal and Lutron jointly filed a motion pursuant to Commission rule 210.21(c) (19 CFR 210.21(c)) for termination of the investigation based on a consent order. The Commission investigative attorney supported the motion. On July 14, 2009, the ALJ issued the subject ID granting the joint motion to terminate. The ALJ found that the consent order stipulation submitted with the joint motion complied with the requirements of Commission rule 210.21 (19 CFR 210.21). The ALJ also concluded that there is no evidence that termination of this investigation would be contrary to the public interest. No petitions for review of this ID were filed. Having examined the record of this investigation, the Commission has determined not to review the ID. 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 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). Issued: August 4, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–19021 Filed 8–7–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–468 and 731– TA–1166–1167 (Preliminary)] Certain Magnesia Carbon Bricks From China and Mexico AGENCY: United States International Trade Commission. ACTION: Institution of antidumping and countervailing duty investigations and scheduling of preliminary phase investigations. SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701–TA–468 (Preliminary) and antidumping duty investigation Nos. 731–TA–1166–1167 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) 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 E:\FR\FM\10AUN1.SGM 10AUN1 rmajette on DSK29S0YB1PROD with NOTICES 39970 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices an industry in the United States is materially retarded, by reason of imports from China and Mexico of certain magnesia carbon bricks (‘‘MCB’’), provided for in subheadings 6902.10.10, 6902.10.50, 6815.91.00 and 6815.99.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China, and 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) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in these investigations in 45 days, or in this case by September 14, 2009. The Commission’s views are due at Commerce within five business days thereafter, or by September 21, 2009. 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: July 29, 2009. FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202–205–3200), 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.—These investigations are being instituted in response to a petition filed on July 29, 2009, by Resco Products, Inc., (Pittsburgh, PA). 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 VerDate Nov<24>2008 15:09 Aug 07, 2009 Jkt 217001 have the right to appear as parties in Commission countervailing duty and antidumping duty 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 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 Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on August 19, 2009, at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC. Parties wishing to participate in the conference should contact Elizabeth Haines (202–205– 3200) not later than August 14, 2009, 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 August 24, 2009, 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 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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. By order of the Commission. Issued: July 30, 2009. Marilyn R. Abbott, Secretary to the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–19061 Filed 8–7–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–09–023] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: August 18, 2009 at 2 p.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 701–TA–458 and 731– TA–1154 (Final) (Certain Kitchen Appliance Shelving and Racks from China)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before August 31, 2009.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, AGENCY HOLDING THE MEETING: E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39969-39970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19061]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-468 and 731-TA-1166-1167 (Preliminary)]


Certain Magnesia Carbon Bricks From China and Mexico

AGENCY: United States International Trade Commission.

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

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty investigation No. 701-TA-468 (Preliminary) and antidumping duty 
investigation Nos. 731-TA-1166-1167 (Preliminary) under sections 703(a) 
and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) 
(the Act) 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

[[Page 39970]]

an industry in the United States is materially retarded, by reason of 
imports from China and Mexico of certain magnesia carbon bricks 
(``MCB''), provided for in subheadings 6902.10.10, 6902.10.50, 
6815.91.00 and 6815.99.00 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be subsidized by the Government of 
China, and 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) or 732(c)(1)(B) of the Act (19 U.S.C. 
1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a 
preliminary determination in these investigations in 45 days, or in 
this case by September 14, 2009. The Commission's views are due at 
Commerce within five business days thereafter, or by September 21, 
2009.
    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: July 29, 2009.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
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 July 29, 2009, by Resco Products, Inc., 
(Pittsburgh, PA).
    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 duty 
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 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 Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on August 19, 2009, at the U.S. International Trade Commission 
Building, 500 E Street, SW., Washington, DC. Parties wishing to 
participate in the conference should contact Elizabeth Haines (202-205-
3200) not later than August 14, 2009, 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 August 24, 2009, 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.

    By order of the Commission.

    Issued: July 30, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
 William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-19061 Filed 8-7-09; 8:45 am]
BILLING CODE 7020-02-P

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