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]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES 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 VerDate Mar<15>2010 17:43 Oct 21, 2010 Jkt 223001 rules (see Handbook for Electronic Filing Procedures, http://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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 E:\FR\FM\22OCN1.SGM 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. VerDate Mar<15>2010 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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]


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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 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://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