In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire; Notice of Investigation, 46223-46224 [E9-21542]

Download as PDF Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Concurrent with publishing this notice in the Federal Register, we are forwarding a copy of the above application to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Applicant: George H. Brannen, Inverness, FL, PRT-217639 Applicant: Emma K. Napper, The Natural World, BBC Natural History Unit, Bristol, United Kingdom, PRT221257 Applicant: Ralph D. Miller, Delta Junction, AK, PRT-221404 Applicant: Mark Peterson, Slinger, WI, PRT-222050 Applicant: Leigh M. Barry, Dent, MN, PRT-222865 Applicant: Patrick T. O’Brien, Bath, OH, PRT-233187 Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with endangered marine mammals and/or marine mammals. The applications were submitted to satisfy requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and/or the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing endangered species (50 CFR Part 17) and/or marine mammals (50 CFR Part 18). Submit your written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications to the address shown in ADDRESSES. If you request a hearing, give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. jlentini on DSKJ8SOYB1PROD with NOTICES Applicant: Charles Grossman, Xavier University, Cincinnati, OH, PRT-049136 The applicant requests an amendment to his permit to allow him to acquire up to three larynxes (including pharynxes, trachea, and primary bronchi) per year from dead, necropsied Florida manatees (Trichechus manatus) from the Florida Fish and Wildlife Conservation Commission in St. Petersburg, Florida, for the purpose of scientific research on the mechanics of manatee vocalizations. This notification covers activities to be conducted by the applicant over the remainder of his five-year permit. Applicant: Alaska Department of Fish and Game, Fairbanks, AK, PRT-220876 The applicant requests a permit to tag and collect skin biopsy samples from up to 45 walrus (Odobenus rosmarus) and to harass up to 1800 non-target animals per year for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a five-year period. VerDate Nov<24>2008 17:32 Sep 04, 2009 Jkt 217001 The applicant requests a permit to photograph Southern sea otters (Enhydra lutris nereis), both above and under water, for commercial and educational purposes. This notification covers activities to be conducted by the applicant over a one-year period. Dated: August 28, 2009. Lisa J. Lierheimer Senior Permit Biologist, Branch of Permits, Division of Management Authority [FR Doc. E9–21475 Filed 9–4– 09; 8:45 am] BILLING CODE 4310–55–S INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–686] In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 7, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of The Lincoln Electric Company of Cleveland, Ohio and Lincoln Global, Inc. of City of Industry, California. A letter supplementing the complaint was filed on August 20, 2009. 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 bulk welding wire containers and components thereof and welding wire by reason of infringement of certain claims of U.S. Patent Nos. 6,260,781; 6,648,141; 6,708,864; 6,913,145; 7,309,038; 7,398,881; and 7,410,111. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation SUMMARY: PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 46223 and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint and the supplement, except for any confidential information contained therein, are 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 (2009). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 1, 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 bulk welding wire containers or components thereof or welding wire that infringe one or more of claim 1 of U.S. Patent No. 6,260,781; claims 1, 4, 8, and 9 of U.S. Patent No. 6,648,141; claims 3, 4, 6, 12, and 13 of U.S. Patent No. 6,708,864; claim 4 of U.S. Patent No. 6,913,145; claims 1–7, 12, 13, 16, 19–24, 31, 33– 36, 43, and 46 of U.S. Patent No. 7,309,038; claim 1 of U.S. Patent No. 7,398,881; and claim 11 of U.S. Patent No. 7,410,111, 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 E:\FR\FM\08SEN1.SGM 08SEN1 jlentini on DSKJ8SOYB1PROD with NOTICES 46224 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are— The Lincoln Electric Company, 22801 St. Clair Avenue, Cleveland, Ohio 44117–1199. Lincoln Global, Inc., 17721 Railroad Street, City of Industry, California 91748. (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: Atlantic China Welding Consumables, Inc., Zigong, Sichuan 643010, China. ESAB AB, Box 8004, Lindholmsallen 9, ¨ Goteborg, S–402 77, Sweden. Hyundai Welding Co., Ltd., Ilsong Building 15F, 157–37 Samsung 1dong, Gangnam-gu Seoul, 135 880, Korea. Kiswel Co., Ltd., Huengkook Building, 43–1 Juja Dong, Seoul, Korea. Sidergas SpA, Viale Rimembranza 17, 37010 S. Ambrogio (Verona) Italy. (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, the Honorable 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 VerDate Nov<24>2008 17:32 Sep 04, 2009 Jkt 217001 issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: September 2, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–21542 Filed 9–4–09; 8:45 am] BILLING CODE 7020–02–P investigation is sold at the retail level, representative consumer organizations, have the right to appear as parties in Commission antidumping and countervailing 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 the investigations. Background UNITED STATES INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–467 and 731– TA–1164–1165 (Preliminary)] Narrow Woven Ribbons With Woven Selvedge From China and Taiwan Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is threatened with material injury by reason of imports from China of narrow woven ribbons with woven selvedge, primarily provided for in subheading 5806.32 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China, and by imports of such merchandise from China and Taiwan that are alleged to be sold in the United States at less than fair value (LTFV). Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in these investigations under sections 703(b) and 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) and 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under On July 9, 2009, a petition was filed with the Commission and Commerce by Berwick Offray LLC and its wholly owned subsidiary Lion Ribbon Company, Inc., Berwick, PA, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized imports of narrow woven ribbons with woven selvedge from China and by imports of such merchandise from China and Taiwan sold in the United States at less than fair value. Accordingly, effective July 9, 2009, the Commission instituted countervailing duty investigation No. 701–TA–467 and antidumping duty investigations Nos. 731–TA–1164–1165 (Preliminary). Notice of the institution of the Commission’s investigations 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 15, 2009 (74 FR 34362). The conference was held in Washington, DC, on July 30, 2009, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on August 24, 2009. The views of the Commission are contained in USITC Publication 4099 (August 2009), entitled Narrow Woven Ribbons with Woven Selvedge from China and Taiwan: Investigation Nos. 701–TA–467 and 731–TA–1164– 1165 (Preliminary). By order of the Commission. Issued September 1, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–21443 Filed 9–4–09; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46223-46224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21542]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-686]


In the Matter of Certain Bulk Welding Wire Containers and 
Components Thereof and Welding Wire; 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 August 7, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
The Lincoln Electric Company of Cleveland, Ohio and Lincoln Global, 
Inc. of City of Industry, California. A letter supplementing the 
complaint was filed on August 20, 2009. 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 bulk welding wire containers and 
components thereof and welding wire by reason of infringement of 
certain claims of U.S. Patent Nos. 6,260,781; 6,648,141; 6,708,864; 
6,913,145; 7,309,038; 7,398,881; and 7,410,111. The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and the supplement, except for any 
confidential information contained therein, are 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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 1, 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 bulk welding 
wire containers or components thereof or welding wire that infringe one 
or more of claim 1 of U.S. Patent No. 6,260,781; claims 1, 4, 8, and 9 
of U.S. Patent No. 6,648,141; claims 3, 4, 6, 12, and 13 of U.S. Patent 
No. 6,708,864; claim 4 of U.S. Patent No. 6,913,145; claims 1-7, 12, 
13, 16, 19-24, 31, 33-36, 43, and 46 of U.S. Patent No. 7,309,038; 
claim 1 of U.S. Patent No. 7,398,881; and claim 11 of U.S. Patent No. 
7,410,111, 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

[[Page 46224]]

are hereby named as parties upon which this notice of investigation 
shall be served:
    (a) The complainants are--

The Lincoln Electric Company, 22801 St. Clair Avenue, Cleveland, Ohio 
44117-1199.
Lincoln Global, Inc., 17721 Railroad Street, City of Industry, 
California 91748.

    (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:

Atlantic China Welding Consumables, Inc., Zigong, Sichuan 643010, 
China.
ESAB AB, Box 8004, Lindholmsallen 9, G[ouml]teborg, S-402 77, Sweden.
Hyundai Welding Co., Ltd., Ilsong Building 15F, 157-37 Samsung 1-dong, 
Gangnam-gu Seoul, 135 880, Korea.
Kiswel Co., Ltd., Huengkook Building, 43-1 Juja Dong, Seoul, Korea.
Sidergas SpA, Viale Rimembranza 17, 37010 S. Ambrogio (Verona) Italy.

    (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, the Honorable 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 the respondent.

    Issued: September 2, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-21542 Filed 9-4-09; 8:45 am]
BILLING CODE 7020-02-P

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