In the Matter of Certain Cast Steel Railway Wheels, Processes for Manufacturing or Relating to Same and Certain Products Containing Same ; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 8114-8115 [2010-3421]

Download as PDF 8114 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices Effective December 31, 2009, the Commission established a schedule for the conduct of these investigations (75 FR 877, January 6, 2010). Due to the closure of the Federal Government for four days as a result of inclement weather and related disruptions, the Commission is issuing a revised schedule. The Commission’s new schedule for the investigations is as follows: the Commission must reach its preliminary determination in these antidumping and countervailing duty investigations by February 22, 2010, and the Commission’s views are due to the U.S. Department of Commerce five business days thereafter, or by March 1, 2010. For further information concerning the investigations see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). SUPPLEMENTARY INFORMATION: Authority: The investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. Issued: February 16, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. accessing its Internet server (http:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On August 20, 2009, the Commission established a schedule for the conduct of the review (74 FR 43155, August 26, 2009). Due to the closure of the Federal Government for four days as a result of inclement weather and related disruptions, the Commission is issuing a revised schedule. The Commission’s new schedule for the review is as follows: the closing of the record and final release of data to parties will be February 18, 2010, and final comments of parties will be due on February 22, 2010. For further information concerning the review see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: The review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. [FR Doc. 2010–3424 Filed 2–22–10; 8:45 am] By order of the Commission. Issued: February 16, 2010. Marilyn R. Abbott, Secretary to the Commission. BILLING CODE P [FR Doc. 2010–3423 Filed 2–22–10; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION INTERNATIONAL TRADE COMMISSION [Investigation No. AA1921–167 (Third Review)] [Inv. No. 337–TA–655] Pressure Sensitive Plastic Tape From Italy AGENCY: United States International Trade Commission. ACTION: Revised schedule for the subject review. DATES: Effective Date: February 16, mstockstill on DSKH9S0YB1PROD with NOTICES 2010. FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202–205–3176), 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 VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 In the Matter of Certain Cast Steel Railway Wheels, Processes for Manufacturing or Relating to Same and Certain Products Containing Same ; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order as well as cease and desist orders directed to cast steel railway wheels and products containing same manufactured by or for Respondents using any of the trade secrets asserted in this investigation. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Washington, DC 20436, telephone (202) 205–3042. 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 (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: The Commission instituted this investigation on September 16, 2008, based on a complaint filed on August 14, 2008, by Amsted Industries Incorporated of Chicago, Illinois (‘‘Amsted’’). 73 FR 53441–42 (Sept. 16, 2008). The complaint alleged violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain cast steel railway wheels and certain products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to substantially injure an industry in the United States. The complaint named four respondents: Tianrui Group Company Limited of China; Tianrui Group Foundry Company Limited of China (collectively ‘‘Tianrui’’); Standard Car Truck Company, Inc. of Park Ridge, Illinois (‘‘SCT’’); and Barber Tianrui Railway Supply, LLC of Park Ridge, Illinois (‘‘Barber’’). On October 16, 2009, the Administrative Law Judge (‘‘ALJ’’) issued his final initial determination (‘‘ID’’) finding a violation of section 337 by respondents. He found that Amsted owns the asserted trade secrets, the ABC Trade Secrets, and that respondents misappropriated the trade secrets via disclosure by former employees of Amsted’s predecessors, the threat or effect of which is to destroy or substantially injure an industry in the United States. On October 29, 2009, the ALJ issued his recommended determination (‘‘RD’’) on remedy and bonding. The ALJ recommended that the Commission issue a limited exclusion order as well as cease and desist orders directed to respondents found in violation of section 337. He further recommended that the E:\FR\FM\23FEN1.SGM 23FEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices Commission set a bond of five percent of entered value of accused products imported during the period of Presidential review. On October 30, 2009, SCT and Barber (‘‘SCT–Barber’’) filed a joint petition for review of the final ID. Tianrui filed a petition for review on November 2, 2009, and complainant Amsted filed a contingent petition for review that same day. Amsted filed responses to SCT– Barber’s and Tianrui’s petitions on November 9 and 10, respectively, and SCT–Barber and Tianrui filed their responses to Amsted’s petition on November 10. The Commission investigative attorneys (‘‘IAs’’) filed responses to the various petitions for review on November 10. The IAs did not petition for review of the ID. On December 17, 2009, the Commission determined not to review the ID and requested briefing on remedy, the public interest, and bonding. 74 FR 68282–83 (Dec. 23, 2009). On December 29, 2009, the parties submitted written submissions on the issues for which the Commission requested further briefing, and submitted replies to the written submissions on January 6, 2010. Having reviewed the record in this investigation, including the ID and the parties’ written submissions, the Commission has determined that the appropriate remedy is a limited exclusion order lasting a period of ten (10) years as well as cease and desist orders, lasting the same period, directed to Respondents. The limited exclusion order prohibits the entry of cast steel railway wheels and products containing same, manufactured using any of the asserted ABC Trade Secrets by or on behalf of, or imported by or on behalf of, Respondents, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, for consumption in the United States. The cease and desist orders prohibit Respondents from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), soliciting U.S. agents or distributors, or aiding or abetting other entities in the importation, sale for importation, sale after importation, transfer (except for exportation), or distribution of cast steel railway wheels and products containing the same manufactured using any of the asserted ABC Trade Secrets. The Commission further determines that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) do not preclude issuance of the limited exclusion order. Finally, the Commission determines VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 that a bond of five percent of the entered value is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) of cast steel railway wheels and products containing the same that are subject to the order. The Commission’s order and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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 210.50 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.50. Issued: February 16, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3421 Filed 2–22–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–672] In the Matter of Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 19) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3115. 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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 8115 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: The Commission instituted this investigation on March 30, 2009, based on a complaint filed by LG Electronics of Seoul, Korea (‘‘LG’’), alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain electronic devices having image capture or display functionality or components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,995,767, 5,774,131, and 6,281,895. 74 FR 14157 (2009). The complainant named Eastman Kodak Company of Rochester, New York (‘‘Kodak’’) as the respondent. On December 16, 2009, LG and Kodak jointly moved to terminate the investigation based on a settlement agreement. The Commission investigative attorney supported the motion. On January 19, 2010, the ALJ issued an ID (Order No. 19) granting the motion. No party petitioned for review of the ID, and the Commission has determined not to review it. 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 210.21 and 210.42(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h). Issued: February 16, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3420 Filed 2–22–10; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Institute of Electrical and Electronics Engineers Notice is hereby given that, on January 8, 2010, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the Institute of Electrical and Electronics Engineers (‘‘IEEE’’) has filed written notifications E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8114-8115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3421]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-655]


In the Matter of Certain Cast Steel Railway Wheels, Processes for 
Manufacturing or Relating to Same and Certain Products Containing Same 
; Issuance of a Limited Exclusion Order and Cease and Desist Orders; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order as well as cease and 
desist orders directed to cast steel railway wheels and products 
containing same manufactured by or for Respondents using any of the 
trade secrets asserted in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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 
(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: The Commission instituted this investigation 
on September 16, 2008, based on a complaint filed on August 14, 2008, 
by Amsted Industries Incorporated of Chicago, Illinois (``Amsted''). 73 
FR 53441-42 (Sept. 16, 2008). The complaint alleged violations of 
section 337 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain cast steel railway wheels and certain products containing same 
by reason of misappropriation of trade secrets, the threat or effect of 
which is to substantially injure an industry in the United States. The 
complaint named four respondents: Tianrui Group Company Limited of 
China; Tianrui Group Foundry Company Limited of China (collectively 
``Tianrui''); Standard Car Truck Company, Inc. of Park Ridge, Illinois 
(``SCT''); and Barber Tianrui Railway Supply, LLC of Park Ridge, 
Illinois (``Barber'').
    On October 16, 2009, the Administrative Law Judge (``ALJ'') issued 
his final initial determination (``ID'') finding a violation of section 
337 by respondents. He found that Amsted owns the asserted trade 
secrets, the ABC Trade Secrets, and that respondents misappropriated 
the trade secrets via disclosure by former employees of Amsted's 
predecessors, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. On October 29, 
2009, the ALJ issued his recommended determination (``RD'') on remedy 
and bonding. The ALJ recommended that the Commission issue a limited 
exclusion order as well as cease and desist orders directed to 
respondents found in violation of section 337. He further recommended 
that the

[[Page 8115]]

Commission set a bond of five percent of entered value of accused 
products imported during the period of Presidential review.
    On October 30, 2009, SCT and Barber (``SCT-Barber'') filed a joint 
petition for review of the final ID. Tianrui filed a petition for 
review on November 2, 2009, and complainant Amsted filed a contingent 
petition for review that same day. Amsted filed responses to SCT-
Barber's and Tianrui's petitions on November 9 and 10, respectively, 
and SCT-Barber and Tianrui filed their responses to Amsted's petition 
on November 10. The Commission investigative attorneys (``IAs'') filed 
responses to the various petitions for review on November 10. The IAs 
did not petition for review of the ID.
    On December 17, 2009, the Commission determined not to review the 
ID and requested briefing on remedy, the public interest, and bonding. 
74 FR 68282-83 (Dec. 23, 2009). On December 29, 2009, the parties 
submitted written submissions on the issues for which the Commission 
requested further briefing, and submitted replies to the written 
submissions on January 6, 2010.
    Having reviewed the record in this investigation, including the ID 
and the parties' written submissions, the Commission has determined 
that the appropriate remedy is a limited exclusion order lasting a 
period of ten (10) years as well as cease and desist orders, lasting 
the same period, directed to Respondents. The limited exclusion order 
prohibits the entry of cast steel railway wheels and products 
containing same, manufactured using any of the asserted ABC Trade 
Secrets by or on behalf of, or imported by or on behalf of, 
Respondents, or any of their affiliated companies, parents, 
subsidiaries, or other related business entities, or their successors 
or assigns, for consumption in the United States. The cease and desist 
orders prohibit Respondents from importing, selling, marketing, 
advertising, distributing, offering for sale, transferring (except for 
exportation), soliciting U.S. agents or distributors, or aiding or 
abetting other entities in the importation, sale for importation, sale 
after importation, transfer (except for exportation), or distribution 
of cast steel railway wheels and products containing the same 
manufactured using any of the asserted ABC Trade Secrets.
    The Commission further determines that the public interest factors 
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) do not 
preclude issuance of the limited exclusion order. Finally, the 
Commission determines that a bond of five percent of the entered value 
is required to permit temporary importation during the period of 
Presidential review (19 U.S.C. 1337(j)) of cast steel railway wheels 
and products containing the same that are subject to the order. The 
Commission's order and opinion were delivered to the President and to 
the United States Trade Representative on the day of their issuance.
    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 210.50 of the Commission's Rules of Practice and Procedure, 
19 CFR 210.50.

    Issued: February 16, 2010.

    By order of the Commission.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-3421 Filed 2-22-10; 8:45 am]
BILLING CODE 7020-02-P