In the Matter of Certain Composite Wear Components and Products Containing Same; Notice of Issuance of Limited Exclusion Order and Cease and Desist Order; Termination of Investigation, 62814-62815 [E9-28628]

Download as PDF 62814 Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http:// www.usitc.gov/secretary/ fed_reg_notices/rules/documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Office of 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. In his request letter, the USTR stated that his office intends to make the Commission’s reports available to the public in their entirety, and asked that the Commission not include any confidential business information or national security classified information in the reports that the Commission transmits to his office. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: November 25, 2009. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–28764 Filed 11–30–09; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION mstockstill on DSKH9S0YB1PROD with NOTICES [Investigation No. 337–TA–644] In the Matter of Certain Composite Wear Components and Products Containing Same; Notice of Issuance of Limited Exclusion Order and Cease and Desist Order; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: The United States International Trade Commission hereby VerDate Nov<24>2008 20:14 Nov 30, 2009 Jkt 220001 provides notice that it has determined to issue a limited exclusion order and cease and desist order and terminate the investigation. FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3041. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired 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 April 25, 2008, based on a complaint filed by Magotteaux International S/A and Magotteaux, Inc. (collectively, ‘‘Magotteaux’’). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain composite wear components and products containing the same that infringe claims 12–13 and 16–21 of U.S. Patent No. RE 39,998 (‘‘the ‘998 patent’’). The complaint named Fonderie Acciaierie Rioale S.P.A. (‘‘FAR’’), AIA Engineering Ltd., and Vega Industries (collectively, ‘‘AIAE Respondents’’) as respondents. FAR was subsequently terminated from the investigation on the basis of a settlement agreement, leaving the AIAE Respondents as the only remaining respondents. On May 8, 2009, the ALJ issued an ID finding the AIAE Respondents in default pursuant to Commission Rules 210.16(a)(2) and 210.17, 19 CFR 210.16(a)(2) and 210.17. On July 7, 2009, the Commission determined not to review the ID and indicated that, in addition to the ALJ’s finding of violation pursuant to Rule 210.17, the Commission presumes the facts alleged in the complaint to be true with respect to the AIAE Respondents. The Commission also determined to waive Commission Rule 210.42(a)(ii), which, PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 unless the Commission orders otherwise, requires that the ALJ issue a recommended determination on remedy and bonding in conjunction with any final initial determination concerning violation of section 337. The Commission encouraged the parties to the investigation, interested government agencies, and any other interested parties to file written submissions on the issues of remedy, the public interest, and bonding. The parties to the investigation and the IA filed submissions and response submissions concerning remedy, the public interest, and bonding on July 22, 2009, and July 30, 2009, respectively. No other parties filed submissions. Having examined the record in this investigation, including the submissions on remedy, the public interest, and bonding and responses thereto, the Commission has determined that the appropriate form of relief is a limited exclusion order and a cease and desist order. The limited exclusion order prohibits the unlicensed entry for consumption of composite wear components and products containing same that are covered by one or more of claims 12– 13 and 16–21 of the ‘998 patent and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, AIA Engineering Limited or Vega Industries or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The cease and desist order covers products that infringe claims 12–13 and 16–21 of the ‘998 patent and is directed to defaulting domestic respondent Vega Industries and any of its principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled (whether by stock ownership or otherwise) and majority owned business entities, successors, and assigns. The Commission has also determined that the public interest factors enumerated in 19 U.S.C. 1337(d) and (f) do not preclude issuance of the aforementioned remedial orders, and that the bond during the Presidential period of review shall be set at 100 percent of the entered value for any covered composite wear components and products containing same. The authority for the Commission’s determinations is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.49—210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.49–210.50). By order of the Commission. E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices Issued: November 24, 2009. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–28628 Filed 11–30–09; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1070A (Review)] Crepe Paper Products From China AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on crepe paper products from China. mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on crepe paper products from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is December 31, 2009. Comments on the adequacy of responses may be filed with the Commission by February 16, 2010. For 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), as most recently amended at 74 FR 2847 (January 16, 2009). DATES: Effective Date: December 1, 2009. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), 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 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 10–5–207, expiration date June 30, 2011. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. VerDate Nov<24>2008 20:14 Nov 30, 2009 Jkt 220001 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 January 25, 2005, the Department of Commerce issued an antidumping duty order on imports of certain crepe paper products from China (70 FR 3509). The Commission is conducting a review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce. (2) The Subject Country in this review is China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, the Commission defined the Domestic Like Product as crepe paper, coextensive with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the Domestic Industry as all domestic producers (whether integrated or converters) of crepe paper. (5) The Order Date is the date that the antidumping duty order under review became effective. In this review, the Order Date is January 25, 2005. (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 62815 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 the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. 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. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission’s designated agency ethics official has advised that a five-year review is not considered the ‘‘same particular matter’’ as the corresponding underlying original investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b)(19 CFR 201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202–205– 3088. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62814-62815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28628]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-644]


In the Matter of Certain Composite Wear Components and Products 
Containing Same; Notice of Issuance of Limited Exclusion Order and 
Cease and Desist Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: The United States International Trade Commission hereby 
provides notice that it has determined to issue a limited exclusion 
order and cease and desist order and terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired 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 April 
25, 2008, based on a complaint filed by Magotteaux International S/A 
and Magotteaux, Inc. (collectively, ``Magotteaux''). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930 (19 U.S.C. 1337) in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain composite wear components and products 
containing the same that infringe claims 12-13 and 16-21 of U.S. Patent 
No. RE 39,998 (``the `998 patent''). The complaint named Fonderie 
Acciaierie Rioale S.P.A. (``FAR''), AIA Engineering Ltd., and Vega 
Industries (collectively, ``AIAE Respondents'') as respondents. FAR was 
subsequently terminated from the investigation on the basis of a 
settlement agreement, leaving the AIAE Respondents as the only 
remaining respondents.
    On May 8, 2009, the ALJ issued an ID finding the AIAE Respondents 
in default pursuant to Commission Rules 210.16(a)(2) and 210.17, 19 CFR 
210.16(a)(2) and 210.17. On July 7, 2009, the Commission determined not 
to review the ID and indicated that, in addition to the ALJ's finding 
of violation pursuant to Rule 210.17, the Commission presumes the facts 
alleged in the complaint to be true with respect to the AIAE 
Respondents. The Commission also determined to waive Commission Rule 
210.42(a)(ii), which, unless the Commission orders otherwise, requires 
that the ALJ issue a recommended determination on remedy and bonding in 
conjunction with any final initial determination concerning violation 
of section 337. The Commission encouraged the parties to the 
investigation, interested government agencies, and any other interested 
parties to file written submissions on the issues of remedy, the public 
interest, and bonding. The parties to the investigation and the IA 
filed submissions and response submissions concerning remedy, the 
public interest, and bonding on July 22, 2009, and July 30, 2009, 
respectively. No other parties filed submissions.
    Having examined the record in this investigation, including the 
submissions on remedy, the public interest, and bonding and responses 
thereto, the Commission has determined that the appropriate form of 
relief is a limited exclusion order and a cease and desist order.
    The limited exclusion order prohibits the unlicensed entry for 
consumption of composite wear components and products containing same 
that are covered by one or more of claims 12-13 and 16-21 of the `998 
patent and that are manufactured abroad by or on behalf of, or are 
imported by or on behalf of, AIA Engineering Limited or Vega Industries 
or any of their affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns.
    The cease and desist order covers products that infringe claims 12-
13 and 16-21 of the `998 patent and is directed to defaulting domestic 
respondent Vega Industries and any of its principals, stockholders, 
officers, directors, employees, agents, licensees, distributors, 
controlled (whether by stock ownership or otherwise) and majority owned 
business entities, successors, and assigns.
    The Commission has also determined that the public interest factors 
enumerated in 19 U.S.C. 1337(d) and (f) do not preclude issuance of the 
afore-mentioned remedial orders, and that the bond during the 
Presidential period of review shall be set at 100 percent of the 
entered value for any covered composite wear components and products 
containing same.
    The authority for the Commission's determinations is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.49--210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.49-210.50).

    By order of the Commission.


[[Page 62815]]


    Issued: November 24, 2009.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-28628 Filed 11-30-09; 8:45 am]
BILLING CODE P