Government in the Sunshine Act Meeting Notice, 28286 [2010-12329]
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28286
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
importation, and violation of Section
337. Pursuant to Commission Rule
210.16(c)(2), 19 CFR 216(c)(2), Red Bull
also stated that it was seeking a general
exclusion order. On December 23, 2009,
the Commission investigative attorney
submitted a response, in support of a
finding that domestic industry exists
and that Section 337 has been violated
by defaulting respondents Avalon, Posh
Nosh, Greenwich, Advantage Food,
Central Supply, and Chicago Import, but
not by respondent Lamont. On January
13, 2010, and again on March 10, 2010,
Red Bull filed without objection
supplemental declarations and
attachments to its motion for summary
determination.
On March 31, 2010, the presiding
administrative law judge issued the
subject final ID, Order No. 34, granting
Red Bull’s motion for summary
determination of violation with respect
to respondents Avalon, Posh Nosh,
Greenwich, Advantage Food, Central
Supply, and Chicago Import. He also
recommended a general exclusion order
and a 100 percent bond to permit
importation during the Presidential
review period.
No petitions for review were filed.
The Commission has determined not to
review Order No. 34.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. 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).
If 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.
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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.
If 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 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 and
prescribed by the Secretary of the
Treasury. 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.
Complainants and the Commission
investigative attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration.
Complainants are also requested to state
the HTSUS numbers under which the
accused products are imported.
Written submissions must be filed no
later than close of business on May 28,
2010. Reply submissions must be filed
no later than the close of business on
June 7, 2010. Such submissions should
address the ALJ’s recommended
determinations on remedy and bonding
which were made in Order No. 34. No
further submissions on any of 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 investigation. All such
requests should be directed to the
Secretary to the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR *201.6.
Documents for which confidential
treatment by the Commission is sought
will be treated accordingly. All
nonconfidential written submissions
PO 00000
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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 210.16 and 210.42–46 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.16; 210.42–46).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–12102 Filed 5–19–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–10–016]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
TIME AND DATE:
May 26, 2010 at 11 a.m.
PLACE: Room 101, 500 E Street, SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS:
Open to the public.
MATTERS TO BE CONSIDERED:
1. Agenda for future meetings: None.
2. Minutes.
3. Ratification List.
4. Inv. No. 731–TA–149 (Third
Review) (Barium Chloride from
China)—briefing and vote. (The
Commission is currently scheduled to
transmit its determination and
Commissioners’ opinions to the
Secretary of Commerce on or before
June 9, 2010.)
5. Outstanding action jackets: None.
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.
By order of the Commission:
Issued: May 18, 2010.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2010–12329 Filed 5–18–10; 4:15 pm]
BILLING CODE 7020–02–P
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[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Page 28286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12329]
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INTERNATIONAL TRADE COMMISSION
[USITC SE-10-016]
Government in the Sunshine Act Meeting Notice
AGENCY HOLDING THE MEETING: United States International Trade
Commission.
TIME AND DATE: May 26, 2010 at 11 a.m.
PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202) 205-2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agenda for future meetings: None.
2. Minutes.
3. Ratification List.
4. Inv. No. 731-TA-149 (Third Review) (Barium Chloride from
China)--briefing and vote. (The Commission is currently scheduled to
transmit its determination and Commissioners' opinions to the Secretary
of Commerce on or before June 9, 2010.)
5. Outstanding action jackets: None.
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.
By order of the Commission:
Issued: May 18, 2010.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2010-12329 Filed 5-18-10; 4:15 pm]
BILLING CODE 7020-02-P
