Drill Pipe and Drill Collars From China, 54912-54914 [2010-22401]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
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International Trade Commission on
August 5, 2010, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Invacare
Corporation of Elyria, Ohio. The
complaint alleges violations of section
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain adjustableheight beds and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 6,983,495 (‘‘the ’495
patent’’); U.S. Patent No. 6,997,082 (‘‘the
’082 patent’’); U.S. Patent No. 7,302,716
(‘‘the ’716 patent’’); and U.S. Patent No.
7,441,289 (‘‘the ’289 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal at 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 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.
FOR FURTHER INFORMATION CONTACT:
Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2579.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2010).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 1, 2010, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
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to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain adjustable-height
beds and components thereof that
infringe one or more of claims 1–8, 12–
14, 26, and 27 of the ’495 patent; claims
1, 2, 5, 10–12, 14, and 18–23 of the ’082
patent; claims 1–3, 5, 6, 8, 10, 11, 13,
14, and 18 of the ’716 patent; and claims
8 and 9 of the ’289 patent, and whether
an industry in the United States exists
as required by subsection (a)(2) of
section 337;
(2) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties and
other interested persons with respect to
the public interest in this investigation,
as appropriate, and provide the
Commission with findings of fact on
this issue; (3) 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:
Invacare Corporation, One Invacare
Way, Elyria, OH 44035.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Medical Depot, Inc., d/b/a Drive
Medical Design and Manufacturing,
99 Seaview Boulevard, Port
Washington, NY 11050.
Shanghai Shunlong Physical Therapy
Equipment Co., Ltd., No. 259 Jiugan
Road, Songjiang District, Shanghai,
China 201601.
(c) The Commission investigative
attorney, party to this investigation, is
Jeffrey T. Hsu, Esq., Esq., Office of
Unfair Import Investigations, U.S.
International Trade Commission, 500 E
Street, SW., Suite 401, Washington, DC
20436; and
(4) 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 respondents 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
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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 a 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: September 2, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–22402 Filed 9–8–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigations Nos. 701–TA–474 (Final) and
731–TA–1176 (Final)]
Drill Pipe and Drill Collars From China
United States International
Trade Commission.
ACTION: Scheduling of the final phase of
countervailing duty and antidumping
investigations.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of countervailing duty
investigation No. 701–TA–474 (Final)
under section 705(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)) (the Act) and
the final phase of antidumping
investigation No. 731–TA–1176 (Final)
under section 735(b) of the Act (19
U.S.C. 1673d(b)) to determine whether
an industry in the United States is
materially injured or threatened with
material injury, or the establishment of
an industry in the United States is
materially retarded, by reason of
subsidized and less-than-fair-value
imports from China of drill pipe and
drill collars, primarily provided for in
subheadings 7304.22, 7304.23, and
8431.43 of the Harmonized Tariff
Schedule of the United States.1
SUMMARY:
1 For purposes of these investigations, the
Department of Commerce has defined the subject
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For further information concerning
the conduct of this phase of the
investigations, hearing procedures, 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 and C (19 CFR part 207).
DATES: Effective Date: August 18, 2010.
FOR FURTHER INFORMATION CONTACT:
Nathanael Comly (202–205–3174) or
Douglas Corkran (202–205–3057), 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
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. The final phase of these
investigations is being scheduled as a
result of affirmative preliminary
determinations by the Department of
Commerce that certain benefits which
constitute subsidies within the meaning
of section 703 of the Act (19 U.S.C.
1671b) are being provided to
manufacturers, producers, or exporters
in China of drill pipe and drill collars,
and that such products are being sold in
the United States at less than fair value
within the meaning of section 733 of the
Act (19 U.S.C. 1673b). The
investigations were requested in a
petition filed effective December 31,
2009, by VAM Drilling USA Inc.,
Houston, TX; Rotary Drilling Tools,
Beasley, TX; Texas Steel Conversions,
Inc., Houston, TX; TMK IPSCO,
Downers Grove, IL; and the United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO–CLC,
Pittsburgh, PA.
merchandise as steel drill pipe, and steel drill
collars, whether or not conforming to American
Petroleum Institute (‘‘API’’) or non-API
specifications, whether finished or unfinished
(including green tubes suitable for drill pipe),
without regard to the specific chemistry of the steel
(i.e., carbon, stainless steel, or other alloy steel), and
without regard to length or outer diameter.
Commerce’s scope does not include tool joints not
attached to the drill pipe, nor does it include
unfinished tubes for casing or tubing covered by
any other antidumping or countervailing duty
order.
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Participation in the investigations 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 final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list. Pursuant to section
207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in the
final phase of these investigations
available to authorized applicants under
the APO issued in the investigations,
provided that the application is made
no later than 21 days prior to the
hearing date specified in this notice.
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigations. A party granted access to
BPI in the preliminary phase of the
investigations need not reapply for such
access. A separate service list will be
maintained by the Secretary for those
parties authorized to receive BPI under
the APO.
Staff report. The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on December 8, 2010,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing. The Commission will hold a
hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on January 5, 2011, at the
U.S. International Trade Commission
Building. Requests to appear at the
hearing should be filed in writing with
the Secretary to the Commission on or
before December 21, 2010. A nonparty
who has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should attend a prehearing conference
to be held at 9:30 a.m. on December 27,
2010, at the U.S. International Trade
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54913
Commission Building. Oral testimony
and written materials to be submitted at
the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions. Each party who
is an interested party shall submit a
prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is December 15, 2010. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is January 12,
2011; witness testimony must be filed
no later than three days before the
hearing. In addition, any person who
has not entered an appearance as a party
to the investigations may submit a
written statement of information
pertinent to the subject of the
investigations, including statements of
support or opposition to the petition, on
or before January 11, 2011. On January
31, 2011, the Commission will make
available to parties all information on
which they have not had an opportunity
to comment. Parties may submit final
comments on this information on or
before February 2, 2011, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
rules do not authorize filing of
submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the Commission’s rules, as amended, 67
FR 68036 (November 8, 2002). Even
where electronic filing of a document is
permitted, certain documents must also
be filed in paper form, as specified in II
(C) of the Commission’s Handbook on
Electronic Filing Procedures, 67 FR
68168, 68173 (November 8, 2002).
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These 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: September 2, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–22401 Filed 9–8–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
mstockstill on DSKH9S0YB1PROD with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Robotics Technology
Consortium, Inc.
Notice is hereby given that, on July
26, 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’’), Robotics Technology
Consortium (‘‘RTC’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, 3M Company, St. Paul,
MN; AEB, Inc., Windsor, CT; Action
Engineering, LLC, Morrison, CO; Alliant
Techsystems, Inc., Beltsville, MD;
American Android Corp., Princeton, NJ;
American GNC Corporation, Simi
Valley, CA; Association for Unmanned
Vehicle Systems International (AUVSI),
Arlington, VA; BEN Technologies Corp.,
Cambridge, MA; Caterpillar Inc., Peoria,
IL; Charles River Analytics, Inc.,
Cambridge, MA; Coherent Logix,
Incorporated, Amstin, TX; Dataspeed
Inc., Troy, MI; Delta Tau Data Systems,
Inc., Chatsworth, CA; Dragonfly
Pictures, Inc., Essington, PA; Edge
Robotics Inc., Pittsburgh, PA; Energetics
Technology Center, Inc., La Plata, MD;
Expertise Applications Inc., San Diego,
CA; 101–Integrated Consultants, Inc.,
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San Diego, CA; Integration Innovation
Inc., Huntsville, AL; Intraduce Transit,
LLC, Birmingham, AL; Kraft
TeleRobotics, Inc., Overland Park, KS;
L–3 Services Inc., Burlington, MA;
Lawrence Technological University,
Southfield, MI; Michigan State
University, East Lansing, MI; Michigan
Technological University, Houghton,
MI; MIT Lincoln Laboratory, Lexington,
MA; Mountain Top Technologies, Inc.,
Johnstown, PA; Neya Systems, LLC,
Seven Fields, PA; NIITEK, Inc., Dulles,
VA; Oakland University, Rochester, MI;
Oceaneering Space Systems, Houston,
TX; Omnitech Robotics International
LLC, Easton, MD; Pegasus Global
Strategic Solutions, Reston, VA; Pelican
Mapping, Fairfax, VA; Polygon
Company, Walkerton, IN; RoPro Design
Inc., Beaver, PA; San Diego State
University Research Foundation, San
Diego, CA; Sensable Technologies,
Woburn, MA; Springfield Electric
Supply Company, Inc., Springfield, IL;
Square One Systems Design, Inc.,
Jackson, WY; Stealth Composites, LLC,
Salt Lake City, UT; Teledyne Scientific
& Imaging, LLC, Durham, NC; The
George Washington University,
Washington, DC; The University of
Texas at Arlington, Arlington, TX;
University of Detroit Mercy, Detroit, MI;
University of Southern California,
Marina del Rey, CA; Van Doren Designs,
LLC, Southbury, CT; Virtus Advanced
Sensors, Pittsburgh, PA; Wayne State
University-College of Engineering,
Detroit, MI; William Travis Lontz,
Auburn, AL; and Workhorse
Technologies, LLC, Pittsburgh, PA, have
been added as parties to this venture.
Also, Artisan Robotics, Tucson, AZ;
Burnham Consulting Inc., Chesterfield,
MO; Esys Integration Corporation,
Auburn Hills, MI; JADI, Inc., Troy, MI;
Mobile Robots Inc., Amherst, NH;
Oceana Sensor Technologies, Inc.,
Virginia Beach, VA; Old Dominion
University, Norfolk, VA; Prioria
Robotics, Inc., Gainesville, FL; Rababy &
Associates, LLC, Spotsylvania, VA;
Robotex Incorporated, Palo Alto, CA;
Robot Worx, Marion, OH; RPU
Technology, Inc., Needham, MA;
Scientific Systems Company, Inc.,
Woburn, MA; Secure Axxess Solutions,
LLC, Nashua, NH; Sense Technologies,
LLC, Boerne, TX; Technical Products
Inc., Ayer, MA; The Charles Stark
Draper Laboratory, Cambridge, MA; The
University of Texas at Austin, Austin,
TX; and Virginia Tech, Blacksburg, VA,
have withdrawn as parties to this
venture. In addition, Kuchera Defense
Systems has changed its name to API
Defense, Inc., Windber, PA, and The
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Droid Works, Inc. has changed its name
to CyPhy Works, Inc., Framingham, MA.
No other changes have been made in
either the membership or planned
activity of this group research additional
written membership.
On October 15, pursuant to Section
the group research project. Membership
in project remains open, and RTC
intends to file notifications disclosing
all changes. In 2009, RTC filed its
original notification 6(a) of the Act. The
Department of Justice published a notice
in the Federal Register pursuant to
Section 6(b) of the Act on November 30,
2009 (74 FR 62599).
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 2010–22215 Filed 9–8–10; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—LiMo Foundation
Notice is hereby given that, on July 1,
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’’), LiMo Foundation
(‘‘LiMo’’) filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, SRS Labs, Santa Ana, CA;
Smart Communications, Inc., Makati
City, Republic of the Philippines; NTT
Data MSE Corporation, Yokohama,
Japan; STEricsson AB, Lund, Sweden,
have been added as parties to this
venture. Specifically, Broadcom
Corporation, Irvine, CA; OpenPlug,
Sophia Antipolis, France; Packetvideo,
San Diego, CA; STEricsson AT Holding
AG, Milan, Italy; STEricsson Holding
AG, Lund, Sweden, have withdrawn as
parties to this venture.
No other changes have been made in
either the membership or planned
activity of this group research project.
Membership in this group research
project remains open, and LiMo intends
to file additional written notifications
disclosing all changes in membership.
On March 1, 2007, LiMo filed its
original notification pursuant to section
6(a) of the Act. The Department of
Justice published a notice in the Federal
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]]>Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Notices]
[Pages 54912-54914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22401]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-474 (Final) and 731-TA-1176 (Final)]
Drill Pipe and Drill Collars From China
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-474 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigation No. 731-TA-
1176 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to
determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
subsidized and less-than-fair-value imports from China of drill pipe
and drill collars, primarily provided for in subheadings 7304.22,
7304.23, and 8431.43 of the Harmonized Tariff Schedule of the United
States.\1\
---------------------------------------------------------------------------
\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as steel drill pipe,
and steel drill collars, whether or not conforming to American
Petroleum Institute (``API'') or non-API specifications, whether
finished or unfinished (including green tubes suitable for drill
pipe), without regard to the specific chemistry of the steel (i.e.,
carbon, stainless steel, or other alloy steel), and without regard
to length or outer diameter. Commerce's scope does not include tool
joints not attached to the drill pipe, nor does it include
unfinished tubes for casing or tubing covered by any other
antidumping or countervailing duty order.
---------------------------------------------------------------------------
[[Page 54913]]
For further information concerning the conduct of this phase of the
investigations, hearing procedures, 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 and C
---------------------------------------------------------------------------
(19 CFR part 207).
DATES: Effective Date: August 18, 2010.
FOR FURTHER INFORMATION CONTACT: Nathanael Comly (202-205-3174) or
Douglas Corkran (202-205-3057), 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 these investigations may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in China of
drill pipe and drill collars, and that such products are being sold in
the United States at less than fair value within the meaning of section
733 of the Act (19 U.S.C. 1673b). The investigations were requested in
a petition filed effective December 31, 2009, by VAM Drilling USA Inc.,
Houston, TX; Rotary Drilling Tools, Beasley, TX; Texas Steel
Conversions, Inc., Houston, TX; TMK IPSCO, Downers Grove, IL; and the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO-CLC,
Pittsburgh, PA.
Participation in the investigations 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 final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list. Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
BPI gathered in the final phase of these investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report. The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on December
8, 2010, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing. The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on January
5, 2011, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before December 21, 2010. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on December 27, 2010, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
business days prior to the date of the hearing.
Written submissions. Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is December 15, 2010. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is January 12, 2011; witness testimony must be filed no later
than three days before the hearing. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before January 11, 2011. On January 31, 2011, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before February 2, 2011, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means,
except to the extent permitted by section 201.8 of the Commission's
rules, as amended, 67 FR 68036 (November 8, 2002). Even where
electronic filing of a document is permitted, certain documents must
also be filed in paper form, as specified in II (C) of the Commission's
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November
8, 2002).
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless
[[Page 54914]]
the submission is pursuant to a specific request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These 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: September 2, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-22401 Filed 9-8-10; 8:45 am]
BILLING CODE 7020-02-P
