Certain Textile Articles Containing Rayon and Other Manmade Fibers: Effect of Modifications of NAFTA Rules of Origin for Goods of Canada and Mexico, 42324-42325 [E9-20107]

Download as PDF 42324 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices Background On June 30, 2009, a petition was filed with the Commission and Commerce by Sunbeam Products, Inc. doing business as Jarden Consumer Solutions, Boca Raton, FL, alleging that an industry in the United States is materially injured by reason of LTFV imports of woven electric blankets from China. Accordingly, effective June 30, 2009, the Commission instituted antidumping duty investigation No. 731–TA–1163 (Preliminary). Notice of the institution of the Commission’s investigation and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of July 7, 2009 (74 FR 32192). The conference was held in Washington, DC, on July 21, 2009, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in this investigation to the Secretary of Commerce on August 14, 2009. The views of the Commission are contained in USITC Publication 4097 (August 2009), entitled Woven Electric Blankets from China: Investigation No. 731–TA–1163 (Preliminary). By order of the Commission. Issued: August 17, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–20109 Filed 8–20–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. NAFTA–103–023] Certain Textile Articles Containing Rayon and Other Manmade Fibers: Effect of Modifications of NAFTA Rules of Origin for Goods of Canada and Mexico srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: United States International Trade Commission. ACTION: Institution of investigation. SUMMARY: Following receipt of a request on July 30, 2009, from the Office of the United States Trade Representative (USTR) under authority delegated by the President and pursuant to section 103 of the North American Free Trade Agreement (NAFTA) Implementation Act (19 U.S.C. 3313), the Commission instituted investigation No. NAFTA– 103–023, Certain Textile Articles Containing Rayon and Other Manmade VerDate Nov<24>2008 20:17 Aug 20, 2009 Jkt 217001 Fibers: Effect of Modifications of NAFTA Rules of Origin for Goods of Canada and Mexico. DATES: October 2, 2009: Deadline for filing all written submissions. On or before November 30, 2009: Transmittal of report to the USTR. 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. All 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://edis.usitc.gov/ edis3-internal/app. FOR FURTHER INFORMATION CONTACT: Project Leader Andrea Boron (202–205– 3433 or andrea.boron@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission’s Office of the General 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: Annex 300–B, Chapter 4, and Annex 401 of the NAFTA contain the rules of origin for textiles and apparel for application of the tariff provisions of the NAFTA. These rules are set forth for the United States in general note 12 to the Harmonized Tariff Schedule (HTS). According to the USTR’s request letter, U.S. negotiators have recently reached agreement in principle with representatives of the governments of Canada and Mexico on proposed modifications to the rules of origin of the NAFTA for certain textile articles containing rayon and other manmade fibers as described in part I of the attachment to the letter (for the text of the letter and attachment, see the Commission’s Web site for this investigation at https://www.usitc.gov/ secretary/fed_reg_notices/332/). (The USTR’s letter also requested PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Commission advice regarding proposed modifications to the rules of origin of the NAFTA for certain textile articles containing acrylic and modacrylic staple fibers, described in part II of the attachment to the letter. The Commission is preparing that advice on the same schedule under investigation No. NAFTA–103–024, Certain Textile Articles Containing Acrylic and Modacrylic Fibers: Effect of Modifications of NAFTA Rules of Origin for Goods of Canada.) Section 202(q) of the North American Free Trade Agreement Implementation Act (the Act) authorizes the President, subject to the consultation and layover requirements of section 103 of the Act, to proclaim such modifications to the rules of origin as are necessary to implement an agreement with one or more of the NAFTA countries pursuant to paragraph 2 of section 7 of Annex 300–B of the Agreement. One of the requirements set out in section 103 of the Act is that the President obtain advice from the United States International Trade Commission. The request letter asks that the Commission provide advice on the probable effect of the proposed modifications on U.S. trade under the NAFTA, total U.S. trade, and on domestic producers of the affected articles. The USTR asked that the Commission submit its advice to USTR by November 30, 2009, and that the Commission shortly thereafter issue a public version of the report with any confidential business information deleted. Additional information concerning the articles and the proposed modifications, including a copy of the USTR’s request letter, can be obtained by accessing the Commission’s Web site at https://www.usitc.gov. The current NAFTA rules of origin applicable to U.S. imports can be found in general note 12 of the HTS (see ‘‘General Notes’’ link at https://www.usitc.gov/tata/hts/ bychapter/index.htm). Written Submissions: No public hearing is planned. However, interested parties are invited to file written submissions and other information concerning the matters to be addressed in this investigation. All written submissions should be addressed to the Secretary. To be assured of consideration by the Commission, written submissions related to the Commission’s report should be submitted at the earliest possible date, and should be received not later than 5:15 p.m., October 2, 2009. All written submissions must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES Procedure (19 CFR 201.8). Section 201.8 requires that a signed original (or a copy so designated) and fourteen (14) copies of each document be filed. In the event that confidential treatment of a document is requested, at least four (4) additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission’s rules authorize the filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook on Electronic Filing Procedures, https:// www.usitc.gov/docket_services/ documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of this investigation in the report it sends to the USTR and the President. As requested by the USTR, the Commission will publish a public version of the report. However, in the public version, the Commission will not publish confidential business information in a manner that would reveal the operations of the firm supplying the information. Issued: August 17, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–20107 Filed 8–20–09; 8:45 am] BILLING CODE 7020–02–P VerDate Nov<24>2008 16:22 Aug 20, 2009 Jkt 217001 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–565] In the Matter of Certain Ink Cartridges and Components Thereof; Consolidated Enforcement Proceeding and Enforcement Proceeding II; Notice of Commission Determinations on Civil Penalties; Termination of Enforcement Proceedings AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to levy civil penalties in the above-captioned proceeding after finding violations of cease and desist orders and a consent order issued in the original investigation. The Commission has terminated the proceedings. FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3041. Copies of all nonconfidential 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 (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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the underlying investigation in this matter on March 23, 2006, based on a complaint filed by Epson Portland, Inc. of Oregon; Epson America, Inc. of California; and Seiko Epson Corporation of Japan (collectively, ‘‘Epson’’). 71 FR 14720 (March 23, 2006). The complaint, as amended, alleged violations of section 337 of the Tariff Act of 1930 (‘‘section 337’’) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain ink cartridges and components thereof by reason of infringement of claim 7 of U.S. Patent No. 5,615,957; claims 18, 81, 93, 149, PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 42325 164, and 165 of U.S. Patent No. 5,622,439; claims 83 and 84 of U.S. Patent No. 5,158,377; claims 19 and 20 of U.S. Patent No. 5,221,148; claims 29, 31, 34, and 38 of U.S. Patent No. 5,156,472; claim 1 of U.S. Patent No. 5,488,401; claims 1–3 and 9 of U.S. Patent No. 6,502,917; claims 1, 31, and 34 of U.S. Patent No. 6,550,902; claims 1, 10, and 14 of U.S. Patent No. 6,955,422; claim 1 of U.S. Patent No. 7,008,053; and claims 21, 45, 53, and 54 of U. S. Patent No. 7,011,397. The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants requested that the Commission issue a general exclusion order and cease and desist orders. The Commission named as respondents 24 companies located in China, Germany, Hong Kong, Korea, and the United States. Several respondents were terminated from the investigation on the basis of settlement agreements or consent orders or were found in default. On October 19, 2007, after review of the ALJ’s final ID, the Commission made its final determination in the investigation, finding a violation of section 337. The Commission issued a general exclusion order, a limited exclusion order, and cease and desist orders directed to several domestic respondents. The Commission also determined that the public interest factors enumerated in 19 U.S.C. 1337(d), (f), and (g) did not preclude issuance of the aforementioned remedial orders, and that the bond during the Presidential period of review would be $13.60 per cartridge for covered ink cartridges. Certain respondents appealed the Commission’s final determination to the United States Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). On January 13, 2009, the Federal Circuit affirmed the Commission’s final determination without opinion pursuant to Fed. Cir. R. 36. Ninestar Technology Co. et al. v. International Trade Commission, Appeal No. 2008–1201. On February 8, 2008, Epson filed two complaints for enforcement of the Commission’s orders pursuant to Commission rule 210.75. Epson proposed that the Commission name five respondents as enforcement respondents. On May 1, 2008, the Commission determined that the criteria for institution of enforcement proceedings were satisfied and instituted consolidated enforcement proceedings, naming the five following proposed respondents as enforcement respondents: Ninestar Technology Co., Ltd.; Ninestar Technology Company, Ltd.; Town Sky Inc. (collectively, the E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42324-42325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20107]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. NAFTA-103-023]


Certain Textile Articles Containing Rayon and Other Manmade 
Fibers: Effect of Modifications of NAFTA Rules of Origin for Goods of 
Canada and Mexico

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation.

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

SUMMARY: Following receipt of a request on July 30, 2009, from the 
Office of the United States Trade Representative (USTR) under authority 
delegated by the President and pursuant to section 103 of the North 
American Free Trade Agreement (NAFTA) Implementation Act (19 U.S.C. 
3313), the Commission instituted investigation No. NAFTA-103-023, 
Certain Textile Articles Containing Rayon and Other Manmade Fibers: 
Effect of Modifications of NAFTA Rules of Origin for Goods of Canada 
and Mexico.

DATES:
    October 2, 2009: Deadline for filing all written submissions.
    On or before November 30, 2009: Transmittal of report to the USTR.

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. All 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://edis.usitc.gov/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Project Leader Andrea Boron (202-205-
3433 or andrea.boron@usitc.gov) for information specific to this 
investigation. For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General 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: Annex 300-B, Chapter 4, and Annex 401 of the NAFTA 
contain the rules of origin for textiles and apparel for application of 
the tariff provisions of the NAFTA. These rules are set forth for the 
United States in general note 12 to the Harmonized Tariff Schedule 
(HTS). According to the USTR's request letter, U.S. negotiators have 
recently reached agreement in principle with representatives of the 
governments of Canada and Mexico on proposed modifications to the rules 
of origin of the NAFTA for certain textile articles containing rayon 
and other manmade fibers as described in part I of the attachment to 
the letter (for the text of the letter and attachment, see the 
Commission's Web site for this investigation at https://www.usitc.gov/secretary/fed_reg_notices/332/). (The USTR's letter also requested 
Commission advice regarding proposed modifications to the rules of 
origin of the NAFTA for certain textile articles containing acrylic and 
modacrylic staple fibers, described in part II of the attachment to the 
letter. The Commission is preparing that advice on the same schedule 
under investigation No. NAFTA-103-024, Certain Textile Articles 
Containing Acrylic and Modacrylic Fibers: Effect of Modifications of 
NAFTA Rules of Origin for Goods of Canada.)
    Section 202(q) of the North American Free Trade Agreement 
Implementation Act (the Act) authorizes the President, subject to the 
consultation and layover requirements of section 103 of the Act, to 
proclaim such modifications to the rules of origin as are necessary to 
implement an agreement with one or more of the NAFTA countries pursuant 
to paragraph 2 of section 7 of Annex 300-B of the Agreement. One of the 
requirements set out in section 103 of the Act is that the President 
obtain advice from the United States International Trade Commission. 
The request letter asks that the Commission provide advice on the 
probable effect of the proposed modifications on U.S. trade under the 
NAFTA, total U.S. trade, and on domestic producers of the affected 
articles. The USTR asked that the Commission submit its advice to USTR 
by November 30, 2009, and that the Commission shortly thereafter issue 
a public version of the report with any confidential business 
information deleted.
    Additional information concerning the articles and the proposed 
modifications, including a copy of the USTR's request letter, can be 
obtained by accessing the Commission's Web site at https://www.usitc.gov. The current NAFTA rules of origin applicable to U.S. 
imports can be found in general note 12 of the HTS (see ``General 
Notes'' link at https://www.usitc.gov/tata/hts/bychapter/index.htm).
    Written Submissions: No public hearing is planned. However, 
interested parties are invited to file written submissions and other 
information concerning the matters to be addressed in this 
investigation. All written submissions should be addressed to the 
Secretary. To be assured of consideration by the Commission, written 
submissions related to the Commission's report should be submitted at 
the earliest possible date, and should be received not later than 5:15 
p.m., October 2, 2009. All written submissions must conform to the 
provisions of section 201.8 of the Commission's Rules of Practice and

[[Page 42325]]

Procedure (19 CFR 201.8). Section 201.8 requires that a signed original 
(or a copy so designated) and fourteen (14) copies of each document be 
filed. In the event that confidential treatment of a document is 
requested, at least four (4) additional copies must be filed, in which 
the confidential information must be deleted (see the following 
paragraph for further information regarding confidential business 
information). The Commission's rules authorize the filing submissions 
with the Secretary by facsimile or electronic means only to the extent 
permitted by section 201.8 of the rules (see Handbook on Electronic 
Filing Procedures, https://www.usitc.gov/docket_services/documents/handbook_on_electronic_filing.pdf). Persons with questions regarding 
electronic filing should contact the Secretary (202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the USTR and the President. As requested by the USTR, the 
Commission will publish a public version of the report. However, in the 
public version, the Commission will not publish confidential business 
information in a manner that would reveal the operations of the firm 
supplying the information.

    Issued: August 17, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-20107 Filed 8-20-09; 8:45 am]
BILLING CODE 7020-02-P
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