Natural Bristle Paint Brushes From China, 18237-18238 [2010-8045]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// 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 May 30, 2008, based on a complaint filed by John Mezzalingua Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York (‘‘PPC’’). 73 FR 31145 (May 30, 2008). The complaint 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 coaxial cable connectors and components thereof and products containing the same by reason of infringement of the ‘257, ‘539, ‘194, and ‘076 patents. The complaint named eight respondents. After institution, two respondents were terminated from the investigation based on consent orders, and the following four respondents were found in default: Hanjiang Fei Yu Electronics Equipment Factory of China; Zhongguang Electronics of China; Yangzhou Zhongguang Electronics Co. of China; and Yangzhou Zhongguang Foreign Trade Co. Ltd. of China. The only respondents actively remaining in this investigation are Fu-Ching and Gem. On October 13, 2009, the ALJ issued his final initial determination (‘‘ID’’) finding, based on substantial, reliable, and probative evidence, that the defaulting respondents violated section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain coaxial cable connectors and components thereof and products containing the same by reason of infringement of the ‘257, ‘539, ‘076, and ‘194 patents. The ALJ found that the active respondents have not violated section 337. Based upon petitions for review filed by PPC and the Commission Investigative Attorney, the Commission, on December 14, 2009, determined to review (1) the ALJ’s findings and conclusions relating to whether a violation of section 337 has occurred with respect to the ‘257 patent, including the issues of claim construction, infringement, validity, and domestic industry and (2) the ALJ’s finding that PPC has met the domestic industry requirement for the ‘539 patent. In its review notice, the Commission asked several questions regarding the VerDate Nov<24>2008 17:07 Apr 08, 2010 Jkt 220001 issues on review, and invited the public to comment on the domestic industry requirement under section 337(a)(3)(C), 19 U.S.C. 1337(a)(3)(C). On January 13, 2010, the parties filed opening submissions addressing the issues on review as well as remedy, public interest, and bonding, and on January 27, 2010, the parties filed response submissions. Several non-parties also filed submissions addressing the questions regarding domestic industry in the Commission’s review notice. On January 29, 2010, the law firm of Covington and Burling LLP filed, on behalf of several non-parties, a motion for leave to correct a reply submission, which it had timely filed on January 27, 2010. No one opposed this motion. The Commission has determined to grant this motion. Having examined the record of this investigation, including the ALJ’s final ID and all the written submissions, the Commission has determined to vacate in part the ALJ’s finding that complainant PPC established a domestic industry for the ‘539 patent and to issue an order remanding the portion of the investigation relating to the ‘539 patent to the ALJ for further proceedings. The Commission has also determined to modify the ALJ’s constructions of ‘‘fastener means’’ and ‘‘engagement means’’ in the ‘257 patent and consequently reverse the ALJ’s finding that complainant PPC established a domestic industry for the ‘257 patent and his finding that a violation has occurred with respect to the ‘257 patent. The Commission has determined that the defaulting respondents violated section 337 by reason of infringement of the ‘076 and ‘194 patents. The Commission has determined that the active respondents, Fu-Ching and Gem, did not violate section 337. The Commission has determined that the appropriate form of relief is a limited exclusion order and a general exclusion order. The limited exclusion order prohibits the unlicensed entry of coaxial cable connectors and components thereof and products containing the same that infringe the claim of the ‘076 design patent and are manufactured abroad by or on behalf of, or imported by or on behalf of, any of the defaulting respondents. The general exclusion order prohibits the unlicensed entry of coaxial cable connectors and components thereof and products containing the same that infringe claim 1 and/or 2 of the ‘194 patent. The Commission further determined that the public interest factors enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude issuance of the limited exclusion order and the general PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 18237 exclusion order. Finally, the Commission determined that the amount of bond during the Presidential review period (19 U.S.C. 1337(j)) shall be in the amount of thirteen (13) cents per coaxial connector of the defaulting respondents that is subject to the limited exclusion order or the general exclusion order. No bond is required for any other coaxial cable connector or component thereof or product containing the same covered by the general exclusion order. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. Finally, the Commission has determined to extend the target date from March 26, 2010, to May 26, 2010, to allow the ALJ time to consider the Commission’s remand instructions. 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 abovecaptioned investigation as he deems necessary to accommodate the remand proceedings. 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 210.42–50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–50). By order of the Commission. Issued: March 31, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–8044 Filed 4–8–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–244 (Third Review)] Natural Bristle Paint Brushes From China AGENCY: United States International Trade Commission. ACTION: Notice of Commission determination to conduct a full five-year review concerning the antidumping duty order on natural bristle paint brushes from China. SUMMARY: The Commission hereby gives notice that it will proceed with a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty order on natural bristle paint brushes from China would be likely to lead to E:\FR\FM\09APN1.SGM 09APN1 18238 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. 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). DATES: Effective Date: February 5, 2010. 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 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 this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On February 5, 2010, the Commission determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (74 FR 56666, November 2, 2009) was adequate and that the respondent interested party group response was inadequate. The Commission also found that other circumstances warranted conducting a full review.1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s web site. srobinson on DSKHWCL6B1PROD with NOTICES 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: April 5, 2010. Marilyn R. Abbott, Secretary to the Commission. BILLING CODE 7020–02–P 1 Commissioners Charlotte R. Lane, Irving A. Williamson, and Dean A. Pinkert found that no other circumstances warranted conducting a full review and voted for an expedited review. 17:07 Apr 08, 2010 [USITC SE–10–007] Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: April 14, 2010 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. Nos. 701–TA–462 and 731– TA–1156–1158 (Final)(Polyethylene Retail Carrier Bags from Indonesia, Taiwan, and Vietnam)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before April 26, 2010.) 5. Outstanding action jackets: (1) Document No. GC–10–028 concerning Inv. No. 337–TA–644 (Certain Composite Wear Components and Products Containing Same). 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. Earlier announcement of this meeting was not possible. Issued: April 6, 2010. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2010–8199 Filed 4–7–10; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1047 (Review)] Ironing Tables and Certain Parts Thereof From China AGENCY: United States International Trade Commission. ACTION: Revised schedule for the subject review. DATES: [FR Doc. 2010–8045 Filed 4–8–10; 8:45 am] VerDate Nov<24>2008 INTERNATIONAL TRADE COMMISSION Jkt 220001 Effective Date: April 5, 2010. 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On November 16, 2009, the Commission established a schedule for the conduct of the five-year review of the subject antidumping duty order (74 FR 62593, November 30, 2009). As stated in that schedule, the Commission will hold a hearing in connection with the review on April 13, 2010. However, because of a scheduling conflict, the hearing will begin at 11 a.m. For further information concerning this investigation 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: This investigation 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. By order of the Commission. Issued: April 5, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–8043 Filed 4–8–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO United States Section; Final Environmental Impact Statement, Flood Control Improvements and Partial Levee Relocation, United States Section, International Boundary and Water Commission (USIBWC) Presidio Flood Control Project (FCP), Presidio, TX AGENCY: United States Section, International Boundary and Water Commission. ACTION: Notice of Availability for the Record of Decision (ROD). SUMMARY: This notice is provided in accordance with 40 Code of Federal Regulations (CFR) parts 1500–1508 of the National Environmental Policy Act (NEPA), and USIBWC procedures for implementing NEPA. The USIBWC E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Pages 18237-18238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8045]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-244 (Third Review)]


Natural Bristle Paint Brushes From China

AGENCY: United States International Trade Commission.

ACTION: Notice of Commission determination to conduct a full five-year 
review concerning the antidumping duty order on natural bristle paint 
brushes from China.

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

SUMMARY: The Commission hereby gives notice that it will proceed with a 
full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping 
duty order on natural bristle paint brushes from China would be likely 
to lead to

[[Page 18238]]

continuation or recurrence of material injury within a reasonably 
foreseeable time. A schedule for the review will be established and 
announced at a later date. 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).

DATES: Effective Date: February 5, 2010.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 
(https://www.usitc.gov). The public record for this review may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: On February 5, 2010, the Commission 
determined that it should proceed to a full review in the subject five-
year review pursuant to section 751(c)(5) of the Act. The Commission 
found that the domestic interested party group response to its notice 
of institution (74 FR 56666, November 2, 2009) was adequate and that 
the respondent interested party group response was inadequate. The 
Commission also found that other circumstances warranted conducting a 
full review.\1\ A record of the Commissioners' votes, the Commission's 
statement on adequacy, and any individual Commissioner's statements 
will be available from the Office of the Secretary and at the 
Commission's web site.
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    \1\ Commissioners Charlotte R. Lane, Irving A. Williamson, and 
Dean A. Pinkert found that no other circumstances warranted 
conducting a full review and voted for an expedited review.

    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: April 5, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-8045 Filed 4-8-10; 8:45 am]
BILLING CODE 7020-02-P
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