In the Matter of Certain Laser Imageable Lithographic Printing Plates: Notice of Commission Determination To Review in Part an Initial Determination Finding Respondents in Violation of Section 337 and on Review To Affirm the Administrative Law Judge's Determination That There Is a Violation of Section 337; Schedule for Briefing on the Issues on Review and on Remedy, Public Interest, and Bonding, 49890-49891 [E9-23499]
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jlentini on DSKJ8SOYB1PROD with NOTICES
49890
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
FOR FURTHER INFORMATION CONTACT:
Joshua Kaplan (202–205–3184), 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 September 23, 2009, by
Nucor Fastener Division, St. Joe, IN.
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 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 these investigations
upon the expiration of the period for
filing entries of appearance.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective.—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
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
investigations for 9:30 a.m. on October
14, 2009, at the U.S. International Trade
Commission Building, 500 E Street,
SW., Washington, DC. Parties wishing to
participate in the conference should
contact Joshua Kaplan (202–205–3184)
not later than October 9, 2009, to
arrange for their appearance. Parties in
support of the imposition of
antidumping and/or countervailing
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
October 19, 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.
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Issued: September 24, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–23501 Filed 9–28–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–636]
In the Matter of Certain Laser
Imageable Lithographic Printing
Plates: Notice of Commission
Determination To Review in Part an
Initial Determination Finding
Respondents in Violation of Section
337 and on Review To Affirm the
Administrative Law Judge’s
Determination That There Is a Violation
of Section 337; Schedule for Briefing
on the Issues on Review and on
Remedy, Public Interest, and Bonding
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: The United States
International Trade Commission hereby
provides notice that it has determined to
review in part the final initial
determination (‘‘ID’’) issued by the
presiding administrative law judge
(‘‘ALJ’’) finding a violation of section
337 of the Tariff Act of 1930 (19 U.S.C.
1337) by the remaining respondents in
the above-captioned investigation.
Specifically, the Commission has
determined to modify the ALJ’s claim
construction analysis, but to affirm the
ALJ’s determination of violation of
section 337. Notice is further given that
the Commission is requesting briefing
on remedy, the public interest, and
bonding with respect to the respondents
found in violation.
FOR FURTHER INFORMATION CONTACT: Paul
M. Bartkowski, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. 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
E:\FR\FM\29SEN1.SGM
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jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: This
investigation was instituted on March 7,
2008, based on a complaint filed by
Presstek, Inc. (‘‘Presstek’’) of Hudson,
New Hampshire. The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended, in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain laser imageable lithographic
printing plates that infringe certain
claims of U.S. Patent Nos. 5,339,737
(‘‘the ‘737 patent’’) and 5,487,338 (‘‘the
‘338 patent’’) and U.S. Trademark Reg.
No. 1,711,005 (‘‘the ‘005 trademark’’).
All assertions relating to the ‘005
trademark were subsequently
terminated from the investigation.
Certain respondents have been
terminated from the investigation, and
the remaining respondents are VIM
Technologies, Ltd., Hanita Coatings
RCA, Ltd., AteCe Canada, Guaranteed
Service & Supplies, Inc., Recognition
Systems, Inc., and Spicers Paper, Inc.
(hereinafter referred to collectively as
‘‘Respondents’’).
On July 24, 2009, the ALJ issued the
subject ID finding that a violation of
section 337 has occurred in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain laser imageable lithographic
printing plates by reason of
infringement of one or more of claims 1,
10, and 27 of the ‘737 patent and by
reason of infringement of one or more of
claims 20, 21, and 23 of the ‘338 patent.
Respondents filed a combined
petition for review of the ID, which
Presstek and the Commission
investigative attorney opposed. Having
reviewed the record of this
investigation, including Respondents’
petition for review and the responses
thereto, the Commission has determined
to review certain aspects of the ID
relating to claim construction. On
review, the Commission has determined
to modify the ID by supplementing the
ALJ’s claim construction analysis for
reasons that will be provided in the
Commission’s opinion on remedy, the
public interest, and bonding, and has
determined to affirm the ALJ’s
determination of violation of section
337.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
VerDate Nov<24>2008
16:18 Sep 28, 2009
Jkt 217001
United States, and/or (2) issue one or
more cease-and-desist orders that could
result in the respondent being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see In the Matter of Certain
Devices for Connecting Computers via
Telephone Lines, Inv. No. 337–TA–360,
USITC Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease-and-desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding.
Complainants and the IA are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainants are also
requested to state the dates that the
patents expire and the HTSUS numbers
under which the accused products are
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Fmt 4703
Sfmt 4703
49891
imported. The written submissions and
proposed remedial orders must be filed
no later than close of business on
October 6, 2009. Reply submissions, if
any, must be filed no later than the close
of business on October 13, 2009. No
further submissions on these issues will
be permitted unless otherwise ordered
by the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment unless the information has
already been granted such treatment
during the proceedings. All such
requests should be directed to the
Secretary of the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is sought will be treated
accordingly. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary.
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).
By order of the Commission.
Issued September 24, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–23499 Filed 9–28–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–643]
In the Matter of Certain Cigarettes and
Packaging Thereof: Notice of
Commission Final Determination of
Violation of Section 337; Termination
of Investigation; Issuance of General
Exclusion Order
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined that there
is a violation of 19 U.S.C. 1337 by
Alcesia SRL (‘‘Alcesia’’) of Moldova in
the above-captioned investigation and
has issued a general exclusion order.
The investigation is terminated.
E:\FR\FM\29SEN1.SGM
29SEN1
]]>Agencies
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49890-49891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23499]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-636]
In the Matter of Certain Laser Imageable Lithographic Printing
Plates: Notice of Commission Determination To Review in Part an Initial
Determination Finding Respondents in Violation of Section 337 and on
Review To Affirm the Administrative Law Judge's Determination That
There Is a Violation of Section 337; Schedule for Briefing on the
Issues on Review and on Remedy, Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States International Trade Commission hereby
provides notice that it has determined to review in part the final
initial determination (``ID'') issued by the presiding administrative
law judge (``ALJ'') finding a violation of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) by the remaining respondents in the above-
captioned investigation. Specifically, the Commission has determined to
modify the ALJ's claim construction analysis, but to affirm the ALJ's
determination of violation of section 337. Notice is further given that
the Commission is requesting briefing on remedy, the public interest,
and bonding with respect to the respondents found in violation.
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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
[[Page 49891]]
persons are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: This investigation was instituted on March
7, 2008, based on a complaint filed by Presstek, Inc. (``Presstek'') of
Hudson, New Hampshire. The complaint alleged violations of section 337
of the Tariff Act of 1930, as amended, in the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain laser imageable lithographic
printing plates that infringe certain claims of U.S. Patent Nos.
5,339,737 (``the `737 patent'') and 5,487,338 (``the `338 patent'') and
U.S. Trademark Reg. No. 1,711,005 (``the `005 trademark''). All
assertions relating to the `005 trademark were subsequently terminated
from the investigation. Certain respondents have been terminated from
the investigation, and the remaining respondents are VIM Technologies,
Ltd., Hanita Coatings RCA, Ltd., AteCe Canada, Guaranteed Service &
Supplies, Inc., Recognition Systems, Inc., and Spicers Paper, Inc.
(hereinafter referred to collectively as ``Respondents'').
On July 24, 2009, the ALJ issued the subject ID finding that a
violation of section 337 has occurred in the importation into the
United States, the sale for importation, or the sale within the United
States after importation of certain laser imageable lithographic
printing plates by reason of infringement of one or more of claims 1,
10, and 27 of the `737 patent and by reason of infringement of one or
more of claims 20, 21, and 23 of the `338 patent.
Respondents filed a combined petition for review of the ID, which
Presstek and the Commission investigative attorney opposed. Having
reviewed the record of this investigation, including Respondents'
petition for review and the responses thereto, the Commission has
determined to review certain aspects of the ID relating to claim
construction. On review, the Commission has determined to modify the ID
by supplementing the ALJ's claim construction analysis for reasons that
will be provided in the Commission's opinion on remedy, the public
interest, and bonding, and has determined to affirm the ALJ's
determination of violation of section 337.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease-and-desist orders that could result in the
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease-and-desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants and the IA are also requested to submit
proposed remedial orders for the Commission's consideration.
Complainants are also requested to state the dates that the patents
expire and the HTSUS numbers under which the accused products are
imported. The written submissions and proposed remedial orders must be
filed no later than close of business on October 6, 2009. Reply
submissions, if any, must be filed no later than the close of business
on October 13, 2009. No further submissions on these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
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).
By order of the Commission.
Issued September 24, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-23499 Filed 9-28-09; 8:45 am]
BILLING CODE 7020-02-P
