Government in the Sunshine Act Meeting Notice, 52976-52977 [E9-24906]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 52976 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices ‘221 patent; and claim 15 of the ‘985 patent. On August 7, 2009, the ALJ issued a final ID finding a violation of section 337 in this investigation. The ALJ found that there was a violation in the sale for importation, importation, or sale after importation by respondents MHI and MPSA with respect to claim 121 of the ‘039 patent and claim 15 of the ‘985 patent. The ALJ found that there was no violation with respect to these claims by MHIA. The ALJ also found that there was no violation of section 337 by any party with respect to claims 5, 7, and 8 of the ‘221 patent. On August 24, 2009, the parties filed three petitions and/or contingent petitions for review: (1) MHI, MPSA, and MHIA; (2) GE; and (3) the Commission investigative attorney. On September 1, 2009, each of the parties filed responses thereto. Having examined the final ID, the petitions for review, the responses thereto, and the relevant portions of the record in this investigation, the Commission has determined to review the final ID, except the issue of importation and the intent finding underlying the ALJ’s inequitable conduct determination. The Commission requests briefing based on the evidentiary record on the issues on review. The Commission is particularly interested in responses to the following questions: (1) If the Commission were to adopt the claim constructions presented to the administrative law judge by Mitsubishi or the Commission investigative attorney, would the Mitsubishi Wind Turbines or the GE Wind Turbines satisfy these claim constructions under the doctrine of equivalents? (2) Does the Commission need to address the issue of inventorship to determine whether GE has standing to assert infringement of the ‘985 patent? (3) Does claim 15 of the ‘985 patent require that the device shunt current away from both the inverter and the generator rotor? Can the shunt circuit be located within the inverter? In connection with the final disposition of this investigation, the Commission may issue (1) an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) cease and desist orders that could result in respondents 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 VerDate Nov<24>2008 19:13 Oct 14, 2009 Jkt 220001 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 are likely to do so. For background information, see the Commission Opinion, In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360. 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 President has 60 days to approve or disapprove the Commission’s action. During this period, the subject articles would be entitled to enter the United States under a bond, in an amount to be 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. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation, including references to exhibits and testimony. Additionally, the parties to the investigation, interested government agencies, and any other interested persons are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the ALJ’s recommended determination on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is requested to supply the expiration dates of the patents at issue and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than the close of business on October 22, 2009. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Reply submissions must be filed no later than the close of business on November 2, 2009. No further submissions will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file with the Office of the Secretary the original and 12 true copies thereof on or before the deadlines stated above. Any person desiring to submit a document (or portion thereof) 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 is granted by the Commission will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections 210.42–.46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.46). Issued: October 8, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–24787 Filed 10–14–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–09–027] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: October 19, 2009 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. AGENCY HOLDING THE MEETING: Matters To Be Considered 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. 701–TA–460 (Final) (NiResist Piston Inserts from Argentina)— briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before October 29, 2009.) E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission Issued: October 8, 2009. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E9–24906 Filed 10–13–09; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–505] Use of the ‘‘First Sale Rule’’ for Customs Valuation of U.S. Imports AGENCY: United States International Trade Commission. ACTION: Notice of earlier-than-expected transmittal of report to Congress. mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: On January 2, 2009, the Commission published a notice in the Federal Register (74 FR 119) announcing that it had instituted investigation No. 332–505, Use of the ‘‘First Sale Rule’’ for Customs Valuation of U.S. Imports, for the purpose of preparing the report required by section 15422(c)(1) of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110– 234). The Commission indicated that it expected to transmit its report to Congress in February 2010, based on the expectation it would receive the last of several monthly reports from the Commissioner of U.S. Customs and Border Protection (CBP) in November 2009. The Commission received the final report from CBP on September 25, 2009, and now expects to deliver its report to Congress by December 23, 2009. DATES: December 23, 2009: New date for anticipated transmittal of Commission report to Congress. 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. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://www.usitc.gov/secretary/ edis.htm. FURTHER INFORMATION: For information specific to this investigation, contact project leader Michael Ferrantino (202– 205–3241 or michael.ferrantino@usitc.gov) or deputy project leader Nannette Christ (202– VerDate Nov<24>2008 19:13 Oct 14, 2009 Jkt 220001 205–3263 or nannette.christ@usitc.gov). 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 site (http://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: Section 15422(c)(1) of the Food, Conservation, and Energy Act of 2008 (‘‘2008 Act’’), enacted on May 22, 2008, requires the Commission to submit a report to the House Committee on Ways and Means and the Senate Committee on Finance that contains certain customs transaction valuation information compiled by the Commission from information furnished to the Commission by CBP. Section 15422(b) of the 2008 Act requires that CBP provide monthly reports to the Commission. The 2008 Act requires the Commission to submit its report 90 days after receipt of the final monthly report from CBP. On September 25, 2009, the Commission received the final monthly report from CBP and will transmit its report to the Committees on December 23, 2009. The Commission anticipates that the report it sends to the Committees in this investigation will be made available to the public in its entirety. By order of the Commission. Issued: October 8, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–24793 Filed 10–14–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives [OMB Number 1140–0072] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30–Day Notice of Information Collection Under Review: Revision of a PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 52977 currently approved collection, Employee Possessor Questionnaire. The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 72, Number 152, page 39974, on August 10, 2009, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until November 16, 2009. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202)–395–7285. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 74, Number 198 (Thursday, October 15, 2009)]
[Notices]
[Pages 52976-52977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24906]


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INTERNATIONAL TRADE COMMISSION

[USITC SE-09-027]


Government in the Sunshine Act Meeting Notice

AGENCY HOLDING THE MEETING: United States International Trade 
Commission.

TIME AND DATE: October 19, 2009 at 11 a.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. No. 701-TA-460 (Final) (Ni-Resist Piston Inserts from 
Argentina)--briefing and vote. (The Commission is currently scheduled 
to transmit its determination and Commissioners' opinions to the 
Secretary of Commerce on or before October 29, 2009.)

[[Page 52977]]

    5. Outstanding action jackets: none.
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    By order of the Commission

    Issued: October 8, 2009.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. E9-24906 Filed 10-13-09; 4:15 pm]
BILLING CODE 7020-02-P