In the Matter of Certain Caskets; Notice of Commission Determination Not To Review an Initial Determination Finding Respondent Ataudes Aguilares in Default; Request for Submissions on Remedy, Public Interest, and Bonding, 65379-65380 [2010-26692]
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Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices
L.P. on October 18, 2010. The complaint
alleges 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 electronic device
mixer apparatus for use in the audio
disc-jockey industry. The complaint
names as respondent Dj-Tech Limited of
Kowicon, Hong Kong.
The complainant, proposed
respondents, other interested parties,
and members of the public are invited
to file comments, not to exceed five
pages in length, on any public interest
issues raised by the complaint.
Comments should address whether
issuance of an exclusion order and/or a
cease and desist order in this
investigation would negatively affect the
public health and welfare in the United
States, competitive conditions in the
United States economy, the production
of like or directly competitive articles in
the United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the orders are used
in the United States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the potential orders;
(iii) Indicate the extent to which like
or directly competitive articles are
produced in the United States or are
otherwise available in the United States,
with respect to the articles potentially
subject to the orders; and
(iv) Indicate whether Complainant,
Complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to an exclusion order
and a cease and desist order within a
commercially reasonable time.
Written submissions must be filed no
later than by close of business, five
business days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
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. Submissions should
refer to the docket number (‘‘Docket No.
2761’’) in a prominent place on the
cover page and/or the first page. 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
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17:43 Oct 21, 2010
Jkt 223001
rules (see Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
documents/
handbook_on_electronic_filing.pdf).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. 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 properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
Issued: October 18, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010–26658 Filed 10–21–10; 8:45 am]
BILLING CODE P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–725]
In the Matter of Certain Caskets; Notice
of Commission Determination Not To
Review an Initial Determination Finding
Respondent Ataudes Aguilares in
Default; Request for Submissions on
Remedy, Public Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
The United States
International Trade Commission hereby
provides notice that it has determined
not to review an initial determination
(‘‘ID’’) (Order No. 5) issued by the
presiding administrative law judge
(‘‘ALJ’’) finding respondent Ataudes
Aguilares, S. de R.I. de C.V. (‘‘Ataudes
Aguilares’’) in default.
FOR FURTHER INFORMATION CONTACT: Paul
M. Bartkowski, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. Copies of non-confidential
SUMMARY:
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
65379
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 July 8, 2010, based on a complaint
filed by Batesville Services, Inc.
(‘‘Batesville’’) of Batesville, Indiana. 75
FR 16837–38. The complaint 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 the United States after
importation of certain caskets by reason
of infringement of certain claims of U.S.
Patent Nos. 5,611,124; 5,727,291;
6,836,936; 6,976,294; and 7,340,810.
The Commission’s notice of
investigation named Ataudes Aguilares
as the respondent.
On September 24, 2010, the presiding
administrative law judge (‘‘ALJ’’) (Judge
Essex) issued the subject ID, granting a
motion by Batesville and finding
Ataudes Aguilares in default for, inter
alia, failing to respond to the ALJ’s
order to show cause why Ataudes
Aguilares should not be found in
default. No petitions for review were
filed.
The Commission has determined not
to review the subject ID finding Ataudes
Aguilares in default pursuant to Rule
210.16(a)(1) and presumes the facts
alleged in the complaint to be true with
respect to Ataudes Aguilares.
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
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22OCN1
emcdonald on DSK2BSOYB1PROD with NOTICES
65380
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices
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.
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: The 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 dates that the patents expire and the
HTSUS numbers under which the
accused products are imported. The
written submissions and proposed
remedial orders must be filed no later
than close of business on November 5,
2010. Reply submissions, if any, must
be filed no later than the close of
business on November 12, 2010. No
further submissions on these issues will
be permitted unless otherwise ordered
by the Commission.
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17:43 Oct 21, 2010
Jkt 223001
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 proceedings. All such
requests should be directed to the
Secretary of 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 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 Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
Issued: October 18, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010–26692 Filed 10–21–10; 8:45 am]
BILLING CODE P
[USITC SE–10–030]
Sunshine Act Meeting
United
States International Trade Commission.
TIME AND DATE: October 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. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Inv. Nos. 731–TA–1174 and 1175
(Final)(Seamless Refined Copper Pipe
and Tube from China and Mexico)—
briefing and vote. (The Commission is
currently scheduled to transmit its
determinations and Commissioners’
opinions to the Secretary of Commerce
on or before November 8, 2010.)
5. Outstanding action jackets:
(1) Document No. GC–10–161
concerning Inv. No. 337–TA–413
(Certain Rare-Earth Magnets and
Magnetic Materials and Articles
Containing Same).
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
Issued: October 19, 2010.
By order of the Commission.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2010–26816 Filed 10–20–10; 11:15 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–719]
In the Matter of Certain Lighting
Products; Notice of Commission
Decision Not To Review an Initial
Determination Terminating a
Respondent on the Basis of a
Settlement Agreement and a Consent
Order; Issuance of Consent Order;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s initial determination (Order No.
7) granting a joint motion to terminate
the sole respondent in the abovecaptioned investigation on the basis of
a settlement agreement and a proposed
consent order. The Commission has
issued the subject consent order. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2532. 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
SUMMARY:
INTERNATIONAL TRADE
COMMISSION
AGENCY HOLDING THE MEETING:
(2) Document No. GC–10–184
concerning approval of annual Federal
Register notice on investigations of APO
and rules violations completed in
calendar year 2009.
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.
E:\FR\FM\22OCN1.SGM
22OCN1
Agencies
[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65379-65380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26692]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-725]
In the Matter of Certain Caskets; Notice of Commission
Determination Not To Review an Initial Determination Finding Respondent
Ataudes Aguilares in Default; Request for Submissions on Remedy, Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States International Trade Commission hereby
provides notice that it has determined not to review an initial
determination (``ID'') (Order No. 5) issued by the presiding
administrative law judge (``ALJ'') finding respondent Ataudes
Aguilares, S. de R.I. de C.V. (``Ataudes Aguilares'') in default.
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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 July 8, 2010, based on a complaint filed by Batesville Services,
Inc. (``Batesville'') of Batesville, Indiana. 75 FR 16837-38. The
complaint 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 the United States after
importation of certain caskets by reason of infringement of certain
claims of U.S. Patent Nos. 5,611,124; 5,727,291; 6,836,936; 6,976,294;
and 7,340,810. The Commission's notice of investigation named Ataudes
Aguilares as the respondent.
On September 24, 2010, the presiding administrative law judge
(``ALJ'') (Judge Essex) issued the subject ID, granting a motion by
Batesville and finding Ataudes Aguilares in default for, inter alia,
failing to respond to the ALJ's order to show cause why Ataudes
Aguilares should not be found in default. No petitions for review were
filed.
The Commission has determined not to review the subject ID finding
Ataudes Aguilares in default pursuant to Rule 210.16(a)(1) and presumes
the facts alleged in the complaint to be true with respect to Ataudes
Aguilares.
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
[[Page 65380]]
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. 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: The 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 dates that
the patents expire and the HTSUS numbers under which the accused
products are imported. The written submissions and proposed remedial
orders must be filed no later than close of business on November 5,
2010. Reply submissions, if any, must be filed no later than the close
of business on November 12, 2010. No further submissions on 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 proceedings. All such requests should be directed to the Secretary
of 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 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
Issued: October 18, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-26692 Filed 10-21-10; 8:45 am]
BILLING CODE P