Actual Effects of the Free Trade Agreements With Chile, Australia, and Singapore, 28059-28060 [2010-11971]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Apple Inc., f/k/a Apple Computer, Inc., 1 Infinite Loop, Cupertino, CA 95014. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Eastman Kodak Company, 343 State Street, Rochester, NY 14650. (c) The Commission investigative attorney, party to this investigation, is Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: May 14, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–11969 Filed 5–18–10; 8:45 am] BILLING CODE 7020–02–P VerDate Mar<15>2010 16:07 May 18, 2010 Jkt 220001 INTERNATIONAL TRADE COMMISSION [Investigation No. 332–515] Actual Effects of the Free Trade Agreements With Chile, Australia, and Singapore AGENCY: United States International Trade Commission. ACTION: Institution of investigation. SUMMARY: Following receipt of a request on April 13, 2010 from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332 (g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332–515, Actual Effects of the Free Trade Agreements with Chile, Australia, and Singapore. DATES: July 15, 2010: Deadline for filing written submissions. December 13, 2010: Transmittal of Commission report to the USTR. 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. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov/ edis3-internal/app. FOR FURTHER INFORMATION CONTACT: Project Leader Jennifer Baumert Powell (202–205–3450 or jennifer.powell@usitc.gov) or Deputy Project Leader Linda White (202–205– 3427 or linda.white@usitc.gov) for information specific to this investigation. For information on the legal aspects of these investigations, 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 server (https://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. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 28059 Background: As requested by the USTR, the Commission will conduct an investigation and provide a report on the actual effects of the free trade agreements (FTAs) concluded with Chile, Singapore, and Australia. In its report the Commission will— (1) With respect to each of the FTAs, and for certain goods for which the United States agreed to phase out its tariffs and other market barriers over an extended period of time, examine U.S. imports of these goods, identify any apparent anomalies in U.S. import levels, and discuss the possible causes for these anomalies; in identifying whether an import level is anomalous, the Commission will consider factors affecting such levels, such as tariff changes, trade changes in similar products, changes in trade of the same product with other trading partners, or other relevant indicators of trade flows; (2) With respect to each of the FTAs, and for certain goods for which the other party agreed to phase out its tariffs and other market access barriers over an extended period of time, examine U.S. exports of these goods, identify any apparent anomalies in U.S. export levels, and indicate the possible causes for these anomalies, taking into account the factors identified above; (3) Consider the existence of other apparently anomalous levels of U.S. exports to the other FTA party, e.g., where the immediate elimination of tariffs and significant market access barriers to trade in a particular product resulted in little or no increase in U.S. exports, or where U.S. exports increased significantly in tariff lines where little or no reduction in tariffs occurred as the result of the FTA; the Commission will identify such apparently anomalous situations and indicate the possible causes, to the extent possible, and if possible, will identify and examine unexpected results in the performance of U.S. services exports. The USTR asked that the Commission deliver its report within eight months of receipt of the request (by December 13, 2010). The USTR indicated that the portions of the Commission’s report and working papers that relate to the identification and possible causes of the apparent anomalies and anomalous situations will be classified as ‘‘confidential.’’ The USTR also stated that he considers the Commission’s report to be an inter-agency memorandum that will contain predecisional advice and be subject to the deliberative process privilege. Written Submissions: In lieu of a hearing, interested parties are invited to submit written statements concerning this investigation. All written E:\FR\FM\19MYN1.SGM 19MYN1 28060 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES submissions should be addressed to the Secretary, and should be received not later than 5:15 p.m., July 15, 2010. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 requires that a signed original (or a copy so designated) and fourteen (14) copies of each document be filed. In the event that confidential treatment of a document is requested, at least four (4) additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission’s rules 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 on Electronic Filing Procedures, https:// www.usitc.gov/docket_services/ documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any submissions that contain confidential business information (CBI) 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. Some or all of the CBI that the Commission receives in this investigation may be included in the report that the Commission sends to the USTR. However, 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. Issued: May 13, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–11971 Filed 5–18–10; 8:45 am] BILLING CODE 7020–02–P VerDate Mar<15>2010 16:07 May 18, 2010 Jkt 220001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–669] In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same; Notice of Commission Decision Not To Review a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions Regarding Remedy, Bonding, and the Public Interest 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 a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 in the above-captioned investigation, and is requesting written submissions regarding remedy, bonding, and the public interest. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. 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 https://www.usitc.gov. 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 March 10, 2009 based on a complaint filed on February 3, 2009, by Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago Technologies Ltd. of San Jose, California. 74 FR 10278–79 (March 10, 2009). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 the United States after importation of certain optoelectronic devices, components thereof, or products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 5,359,447 (‘‘the ‘447 patent’’) and 5,761,229 (‘‘the ‘229 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint names a single respondent, Emcore Corporation (‘‘Emcore’’) of Albuquerque, New Mexico. On December 7, 2009, the Commission issued notice of its determination not to review the ALJ’s ID granting complainants’ motion for summary determination on ownership of the asserted patents. On March 12, 2010, the ALJ issued his final ID finding a violation of section 337 by Emcore by reason of infringement of one or more of claims 1, 2, 3, and 5 of the ‘447 patent. The ALJ found no violation of section 337 with respect to the ‘229 patent. He also issued his recommendation on remedy and bonding during the period of Presidential review. On March 29, 2010, Emcore and the Commission investigative attorney (‘‘IA’’) filed petitions for review of the final ID. The IA and complainants filed responses to the petitions on April 6, 2010. The Commission has determined not to review the subject ID. 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 E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28059-28060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11971]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-515]


Actual Effects of the Free Trade Agreements With Chile, 
Australia, and Singapore

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation.

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

SUMMARY: Following receipt of a request on April 13, 2010 from the 
United States Trade Representative (USTR) under section 332(g) of the 
Tariff Act of 1930 (19 U.S.C. 1332 (g)), the U.S. International Trade 
Commission (Commission) instituted investigation No. 332-515, Actual 
Effects of the Free Trade Agreements with Chile, Australia, and 
Singapore.

DATES: July 15, 2010: Deadline for filing written submissions. December 
13, 2010: Transmittal of Commission report to the USTR.

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. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at https://edis.usitc.gov/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Project Leader Jennifer Baumert Powell 
(202-205-3450 or jennifer.powell@usitc.gov) or Deputy Project Leader 
Linda White (202-205-3427 or linda.white@usitc.gov) for information 
specific to this investigation. For information on the legal aspects of 
these investigations, 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 server (https://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: As requested by the USTR, the Commission will conduct 
an investigation and provide a report on the actual effects of the free 
trade agreements (FTAs) concluded with Chile, Singapore, and Australia. 
In its report the Commission will--
    (1) With respect to each of the FTAs, and for certain goods for 
which the United States agreed to phase out its tariffs and other 
market barriers over an extended period of time, examine U.S. imports 
of these goods, identify any apparent anomalies in U.S. import levels, 
and discuss the possible causes for these anomalies; in identifying 
whether an import level is anomalous, the Commission will consider 
factors affecting such levels, such as tariff changes, trade changes in 
similar products, changes in trade of the same product with other 
trading partners, or other relevant indicators of trade flows;
    (2) With respect to each of the FTAs, and for certain goods for 
which the other party agreed to phase out its tariffs and other market 
access barriers over an extended period of time, examine U.S. exports 
of these goods, identify any apparent anomalies in U.S. export levels, 
and indicate the possible causes for these anomalies, taking into 
account the factors identified above;
    (3) Consider the existence of other apparently anomalous levels of 
U.S. exports to the other FTA party, e.g., where the immediate 
elimination of tariffs and significant market access barriers to trade 
in a particular product resulted in little or no increase in U.S. 
exports, or where U.S. exports increased significantly in tariff lines 
where little or no reduction in tariffs occurred as the result of the 
FTA; the Commission will identify such apparently anomalous situations 
and indicate the possible causes, to the extent possible, and if 
possible, will identify and examine unexpected results in the 
performance of U.S. services exports.
    The USTR asked that the Commission deliver its report within eight 
months of receipt of the request (by December 13, 2010). The USTR 
indicated that the portions of the Commission's report and working 
papers that relate to the identification and possible causes of the 
apparent anomalies and anomalous situations will be classified as 
``confidential.'' The USTR also stated that he considers the 
Commission's report to be an inter-agency memorandum that will contain 
pre-decisional advice and be subject to the deliberative process 
privilege.
    Written Submissions: In lieu of a hearing, interested parties are 
invited to submit written statements concerning this investigation. All 
written

[[Page 28060]]

submissions should be addressed to the Secretary, and should be 
received not later than 5:15 p.m., July 15, 2010. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's Rules of Practice and Procedure (19 CFR 201.8). Section 
201.8 requires that a signed original (or a copy so designated) and 
fourteen (14) copies of each document be filed. In the event that 
confidential treatment of a document is requested, at least four (4) 
additional copies must be filed, in which the confidential information 
must be deleted (see the following paragraph for further information 
regarding confidential business information). The Commission's rules 
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 on Electronic Filing Procedures, https://www.usitc.gov/docket_services/documents/handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should 
contact the Secretary (202-205-2000).
    Any submissions that contain confidential business information 
(CBI) 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.
    Some or all of the CBI that the Commission receives in this 
investigation may be included in the report that the Commission sends 
to the USTR. However, 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.

    Issued: May 13, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-11971 Filed 5-18-10; 8:45 am]
BILLING CODE 7020-02-P
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