Ironing Tables From China, 62593-62594 [E9-28547]

Download as PDF WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices Spansion, Inc. (‘‘Spansion’’) of Sunnyvale, California; and Nanya Technology Corporation (‘‘Nanya’’) of Taiwan. The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. On September 21, 2009, the ALJ issued his final ID finding no violation of section 337 by the remaining respondents. He concluded that each accused process was covered by one or more of asserted claims 1, 3, and 4 of the ‘335 patent, but also that all asserted claims were anticipated under 35 U.S.C. 102(g) in view of the IBM Process A prior art. On October 5, 2009, complainants, respondents, and the Commission investigative attorney (‘‘IA’’) filed petitions for review of the final ID. Also, four separate petitions for review were filed on the same date by respondents Grace, IDT, Tower/Jazz, and Nanya/Powerchip/Spansion. The IA, complainants, and respondents filed responses to the other parties’ petitions on October 13, 2009. Upon considering the parties’ filings, the Commission has determined to review-in-part the ID. Specifically, the Commission has determined to review: (1) Invalidity of claims 1, 3, and 4 of the ‘335 patent under 35 U.S.C. 102(g) & 103 with respect to the IBM Process A, IBM Process B, and AMD prior art; and (2) Jazz’s stipulation regarding whether its process meets the complete, third recited step of claim 1, i.e., ‘‘depositing a tungsten layer by chemical vapor deposition, said tungsten layer covering said glue layer on said dielectric and said exposed material.’’ The Commission has determined not to review the remainder of the ID. In addition, the Commission has determined to issue an order remanding the investigation to the ALJ for further proceedings relating to whether claim 4 is rendered obvious by IBM Process A in light of the other prior art asserted by respondents. The Commission has instructed the ALJ to make his determination on remand at the earliest practicable time, and to extend the target date of the above-captioned investigation as he deems necessary to accommodate the remand proceedings. The parties are invited to file written submissions on the ALJ’s remand determination within fourteen days after service of the ALJ’s determination and to file responses to the written submissions within seven days after service of the written submissions. The Commission also requests briefing on remedy, the public interest, and bonding from the parties, consistent with these submission dates, as described in detail below. VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 In connection with the final disposition of this investigation, the Commission may issue an order that results in the exclusion of the subject articles from entry into the United States. 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). When 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. When 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 section 337(j), 19 U.S.C. 1337(j) and the 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. 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: 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, and such submissions should address the recommended determination by the ALJ on remedy and bonding. The complainant and the IA are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 62593 requested to state the date that the patent at issue expires and the HTSUS numbers under which the accused articles are imported. The written submissions and proposed remedial orders, and any reply submissions, must be filed consistent with the dates stated above relating to the remand ID. 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 210.6. 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 sections 210.42–46 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.42–46. By order of the Commission. Issued November 23, 2009. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–28465 Filed 11–27–09; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1047 (Review)] Ironing Tables From China AGENCY: United States International Trade Commission. ACTION: Scheduling of a full five-year review concerning the antidumping duty order on ironing tables from China. SUMMARY: The Commission hereby gives notice of the scheduling of a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the antidumping duty order on ironing tables from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For E:\FR\FM\30NON1.SGM 30NON1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 62594 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices further information concerning the conduct of this review 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, D, E, and F (19 CFR part 207). DATES: Effective Date: November 16, 2009. FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202–205–3188), 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 (http:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On October 5, 2009, the Commission determined that responses to its notice of institution of the subject five-year review were such that a full review pursuant to section 751(c)(5) of the Act should proceed (74 FR 54066, October 21, 2009). A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements are available from the Office of the Secretary and at the Commission’s Web site. Participation in the review and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in this review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission’s notice of institution of the review need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in this review available to authorized applicants under the APO issued in the review, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the review. A party granted access to BPI following publication of the Commission’s notice of institution of the review need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the review will be placed in the nonpublic record on March 24, 2010, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the review beginning at 9:30 a.m. on April 13, 2010, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before April 8, 2010. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on April 12, 2010, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party to the review may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is April 2, 2010. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is April 22, 2010; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 review may submit a written statement of information pertinent to the subject of the review on or before April 22, 2010. On May 13, 2010, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before May 17, 2010, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also 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). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the review must be served on all other parties to the review (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: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: November 24, 2009. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–28547 Filed 11–27–09; 8:45 am] BILLING CODE P E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62593-62594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28547]


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

 INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1047 (Review)]


Ironing Tables From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of a full five-year review concerning the 
antidumping duty order on ironing tables from China.

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

SUMMARY: The Commission hereby gives notice of the scheduling of a full 
review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the 
antidumping duty order on ironing tables from China would be likely to 
lead to continuation or recurrence of material injury within a 
reasonably foreseeable time. For

[[Page 62594]]

further information concerning the conduct of this review 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, D, E, and F (19 CFR part 207).

DATES: Effective Date: November 16, 2009.

FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202-205-3188), 
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 (http://www.usitc.gov). The public record for this 
review may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On October 5, 2009, the Commission determined that 
responses to its notice of institution of the subject five-year review 
were such that a full review pursuant to section 751(c)(5) of the Act 
should proceed (74 FR 54066, October 21, 2009). A record of the 
Commissioners' votes, the Commission's statement on adequacy, and any 
individual Commissioner's statements are available from the Office of 
the Secretary and at the Commission's Web site.
    Participation in the review and public service list.--Persons, 
including industrial users of the subject merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in this review as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11 of the Commission's rules, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
review need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.
    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 this review available to authorized 
applicants under the APO issued in the review, provided that the 
application is made by 45 days after publication of this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the review. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the review need not reapply for such access. A separate 
service list will be maintained by the Secretary for those parties 
authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the review will be 
placed in the nonpublic record on March 24, 2010, and a public version 
will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
review beginning at 9:30 a.m. on April 13, 2010, at the U.S. 
International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before April 8, 2010. A nonparty who has testimony that may aid 
the Commission's deliberations may request permission to present a 
short statement at the hearing. All parties and nonparties desiring to 
appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on April 12, 2010, at the 
U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission's 
rules. Parties must submit any request to present a portion of their 
hearing testimony in camera no later than 7 business days prior to the 
date of the hearing.
    Written submissions.--Each party to the review may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is April 2, 2010. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in section 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.67 of the 
Commission's rules. The deadline for filing posthearing briefs is April 
22, 2010; witness testimony must be filed no later than three days 
before the hearing. In addition, any person who has not entered an 
appearance as a party to the review may submit a written statement of 
information pertinent to the subject of the review on or before April 
22, 2010. On May 13, 2010, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before May 17, 2010, but such final comments must not contain new 
factual information and must otherwise comply with section 207.68 of 
the Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also 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).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the review must be served on 
all other parties to the review (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:  This review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: November 24, 2009.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-28547 Filed 11-27-09; 8:45 am]
BILLING CODE P