Certain Lightweight Thermal Paper From Germany; Remand Proceedings, 42137-42138 [2011-17937]

Download as PDF Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices 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 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. By order of the Commission. Issued: July 13, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17966 Filed 7–15–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1127 (Final) (Remand)] Certain Lightweight Thermal Paper From Germany; Remand Proceedings United States International Trade Commission. ACTION: Notice. AGENCY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its final determination in Investigation No. 731–TA–1127 concerning certain lightweight thermal paper (‘‘LWTP’’) from Germany. For further information concerning the conduct of this proceeding 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, subpart A (19 CFR part 207). DATES: Effective Date: July 1, 2011. FOR FURTHER INFORMATION CONTACT: Christopher Cassise, Office of Investigations, telephone 202–708– 5408, or Marc A. Bernstein, Office of General Counsel, telephone 202–205– 3087, U.S. International Trade srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 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 (http:// www.usitc.gov). The public record of Investigation No. 731–TA–1127 may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—In November 2008, the Commission determined that a domestic industry was threatened with material injury by reason of imports of certain lightweight thermal paper from Germany that the Department of Commerce found were sold at less than fair value (LTFV). Papierfabrik August Koehler AG and Koehler America, Inc. (collectively ‘‘Koehler’’), respectively an exporter and importer of LWTP from Germany, contested the Commission’s determination before the Court of International Trade (CIT). The CIT affirmed the Commission’s determination. Papierfabrik August Koehler AG v. United States, 675 F. Supp.2d 1172 (Ct. Int’l Trade 2009). On appeal, the United States Court of Appeals for the Federal Circuit vacated the judgment of the CIT. The Federal Circuit held that the Commission improperly failed to consider certain materials Koehler introduced, consisting of a worksheet prepared in the Commerce dumping investigation containing intermediate dumping margin calculations concerning certain types of LWTP, including LWTP having basis weight of 48 grams per square meter (‘‘48 gram LWTP’’). Papierfabrik August Koehler AG v. United States, App. No. 2010–1147 (Fed. Cir. January 11, 2011) (non-precedential opinion). The Federal Circuit subsequently denied the Commission’s petition for rehearing and rehearing en banc. Paperfabrik August Koehler AG v. United States, App. No. 2010–1147 (Fed. Cir. May 18, 2011). On June 15, 2011, the CIT remanded this matter to the Commission. It ordered the Commission to take ‘‘action consistent with the [Federal Circuit] decision’’ and ‘‘to revise its final determination with respect to the threat of material injury from subject merchandise from Germany, in accordance with the decision [of the Federal Circuit]. The Commission shall specifically explain PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 42137 how its decision to deny Koehler’s request to exclude a subset of subject merchandise from the Commission’s threat of material injury determination complies with the Court of Appeals’ interpretation of 19 U.S.C. 1673d(c)(1)(A) and the decision in Algoma Steel Corp. v. United States, 865 F.2d 240 (Fed. Cir. 1989).’’ Papierfabrik August Koehler AG v. United States, Slip. Op. 11–67 (Ct. Int’l Trade June 15, 2011). Participation in the proceeding.— Only those persons who were interested parties to the original investigation (i.e., persons listed on the Commission Secretary’s service list) and participated in the appeal proceedings before the Federal Circuit may participate in the remand proceeding. Such persons need not re-file their appearance notices or protective order applications to participate in the remand proceeding. Business proprietary information (‘‘BPI’’) referred to during the remand proceeding will be governed, as appropriate, by the administrative protective order issued in the original investigation. Written submissions.—The Commission is reopening the record to obtain additional information pertinent to the issue on which the CIT has directed a remand. In addition, the Commission will permit the parties to file comments pertaining to any new factual information and the following issues: 1. The nature of the action the opinion of the Federal Circuit and the remand instructions of the CIT require the Commission to take on remand. 2. What factual findings and legal conclusions the Commission should make in light of the information in the remand record from Department of Commerce proceedings concerning dumping of imports of 48 gram LWTP from Germany. Comments should be limited to no more than twenty (20) double-spaced and single-sided pages of textual material. The parties may not submit any new factual information in their comments and may not address any issue other than those listed above. Any such comments must be filed with the Commission no later than August 5, 2011. 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 E:\FR\FM\18JYN1.SGM 18JYN1 42138 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (Nov. 8, 2002). In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (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. Parties are also advised to consult with the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and Part 207, subpart A (19 CFR Part 207) for provisions of general applicability concerning written submissions to the Commission. Issued: July 12, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17937 Filed 7–15–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–617] In the Matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same; Notice of Commission Determination to Rescind a Limited Exclusion Order and Cease and Desist Orders as to Certain Respondents U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to rescind the limited exclusion order and cease and desist orders issued in the abovecaptioned investigation as to TPV Technology, Ltd.; TPV International (USA), Inc.; Top Victory Electronics (Taiwan) Co., Ltd.; and Envision Peripherals, Inc. (collectively, ‘‘the TPV respondents’’) based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. 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 srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 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 November 15, 2007, based on a complaint filed by Funai Electric Co., Ltd. of Japan and Funai Corporation of Rutherford, New Jersey (collectively ‘‘Funai’’), alleging 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 digital televisions and certain products containing same by reason of infringement of certain claims of United States Patent Nos. 5,329,369 (‘‘the ’369 patent’’) and 6,115,074 (‘‘the ’074 patent’’). The complaint named several respondents including the TPV respondents; and Vizio, Inc. and AmTran Technology Co., Ltd. (collectively, ‘‘the Vizio respondents). On April 10, 2009, the Commission made its final determination in the investigation finding a violation of section 337 with regard to the ’074 patent and no violation with respect to the ’369 patent. The Commission issued a limited exclusion order and several cease and desist orders. On August 9, 2010, the Commission determined to rescind the limited exclusion order and cease and desist orders as to the Vizio respondents based on a joint motion regarding a settlement between Funai and the Vizio respondents. On December 21, 2010, the Commission modified the limited exclusion order and cease and desist orders based on a decision of the United States Court of Appeals for the Federal Circuit in Vizio, Inc. v. Int’l Trade Comm’n, 605 F.3d 1330 (Fed. Cir. 2010). On May 31, 2011, Funai and the TPV respondents filed a joint petition to rescind the modified remedial orders as to the TPV respondents. According to the joint petition, these parties have settled their dispute. The Commission has determined that the settlement satisfies the requirement of Commission Rule 210.76 (a)(1) (19 CFR 210.76(a)(1)) that there be changed PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 conditions of fact or law. The Commission therefore has issued an order rescinding the limited exclusion order and cease and desist orders previously issued in this investigation as to the TPV respondents. The Commission’s remedial orders remain in effect against the following respondents: Syntax-Brillian Corporation; Taiwan Kolin Co., Ltd.; Proview International Holdings, Ltd.; Proview Technology (Shenzhen) Co., Ltd.; and Proview Technology, Ltd. 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 section 210.76(a)(1) of the Commission’s Rules of Practice and Procedure (19 CFR 210.76(a)(1)). By order of the Commission. Issued: July 13, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17999 Filed 7–15–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under The Resource Conservation and Recovery Act (RCRA) In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that on July 8, 2011, a proposed Consent Decree in United States and State of Florida Department of Environmental Protection v. Hi-Acres, LLC, d/b/a Foremost Fertilizer, Civil Action No. 5:11–cv–00389–WTH–KRS, was lodged with the United States District Court for the Middle District of Florida, Ocala Division. The Consent Decree represents the settlement of claims brought by the United States and State of Florida Department of Environmental Protection (‘‘FDEP’’) for violations by Hi-Acres at a retail sales outlet for pesticides, herbicides, and fertilizers located in Leesburg, Lake County, Florida. The Complaint alleged, inter alia, violations of the Resource Conservation and Recovery Act (‘‘RCRA’’) Section 3008(a), 42 U.S.C. 6928(a), and the federal regulations promulgated at 40 CFR Parts 260 through 279; the authorized hazardous waste management regulations of the State of Florida, relating to the generation, transportation, treatment, storage, handling and disposal of hazardous wastes, Fla. Admin. Code Chapter 63– 740, et seq; and Fla. Stat. § 403.727; and of RCRA Section 3004(d), 42 U.S.C. 6924(d), and Fla. Stat. Chapter 403 E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42137-42138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17937]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1127 (Final) (Remand)]


Certain Lightweight Thermal Paper From Germany; Remand 
Proceedings

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its final 
determination in Investigation No. 731-TA-1127 concerning certain 
lightweight thermal paper (``LWTP'') from Germany. For further 
information concerning the conduct of this proceeding 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, subpart A (19 CFR part 207).

DATES: Effective Date: July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Cassise, Office of 
Investigations, telephone 202-708-5408, or Marc A. Bernstein, Office of 
General Counsel, telephone 202-205-3087, 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 (http://www.usitc.gov). The public record 
of Investigation No. 731-TA-1127 may be viewed on the Commission's 
electronic docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--In November 2008, the 
Commission determined that a domestic industry was threatened with 
material injury by reason of imports of certain lightweight thermal 
paper from Germany that the Department of Commerce found were sold at 
less than fair value (LTFV). Papierfabrik August Koehler AG and Koehler 
America, Inc. (collectively ``Koehler''), respectively an exporter and 
importer of LWTP from Germany, contested the Commission's determination 
before the Court of International Trade (CIT). The CIT affirmed the 
Commission's determination. Papierfabrik August Koehler AG v. United 
States, 675 F. Supp.2d 1172 (Ct. Int'l Trade 2009). On appeal, the 
United States Court of Appeals for the Federal Circuit vacated the 
judgment of the CIT. The Federal Circuit held that the Commission 
improperly failed to consider certain materials Koehler introduced, 
consisting of a worksheet prepared in the Commerce dumping 
investigation containing intermediate dumping margin calculations 
concerning certain types of LWTP, including LWTP having basis weight of 
48 grams per square meter (``48 gram LWTP''). Papierfabrik August 
Koehler AG v. United States, App. No. 2010-1147 (Fed. Cir. January 11, 
2011) (non-precedential opinion). The Federal Circuit subsequently 
denied the Commission's petition for rehearing and rehearing en banc. 
Paperfabrik August Koehler AG v. United States, App. No. 2010-1147 
(Fed. Cir. May 18, 2011). On June 15, 2011, the CIT remanded this 
matter to the Commission. It ordered the Commission to take ``action 
consistent with the [Federal Circuit] decision'' and ``to revise its 
final determination with respect to the threat of material injury from 
subject merchandise from Germany, in accordance with the decision [of 
the Federal Circuit]. The Commission shall specifically explain how its 
decision to deny Koehler's request to exclude a subset of subject 
merchandise from the Commission's threat of material injury 
determination complies with the Court of Appeals' interpretation of 19 
U.S.C. 1673d(c)(1)(A) and the decision in Algoma Steel Corp. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989).'' Papierfabrik August Koehler AG 
v. United States, Slip. Op. 11-67 (Ct. Int'l Trade June 15, 2011).
    Participation in the proceeding.--Only those persons who were 
interested parties to the original investigation (i.e., persons listed 
on the Commission Secretary's service list) and participated in the 
appeal proceedings before the Federal Circuit may participate in the 
remand proceeding. Such persons need not re-file their appearance 
notices or protective order applications to participate in the remand 
proceeding. Business proprietary information (``BPI'') referred to 
during the remand proceeding will be governed, as appropriate, by the 
administrative protective order issued in the original investigation.
    Written submissions.--The Commission is reopening the record to 
obtain additional information pertinent to the issue on which the CIT 
has directed a remand. In addition, the Commission will permit the 
parties to file comments pertaining to any new factual information and 
the following issues:
    1. The nature of the action the opinion of the Federal Circuit and 
the remand instructions of the CIT require the Commission to take on 
remand.
    2. What factual findings and legal conclusions the Commission 
should make in light of the information in the remand record from 
Department of Commerce proceedings concerning dumping of imports of 48 
gram LWTP from Germany.
    Comments should be limited to no more than twenty (20) double-
spaced and single-sided pages of textual material. The parties may not 
submit any new factual information in their comments and may not 
address any issue other than those listed above. Any such comments must 
be filed with the Commission no later than August 5, 2011.
    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

[[Page 42138]]

the extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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.
    Parties are also advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and Part 207, subpart A (19 CFR Part 207) for provisions of 
general applicability concerning written submissions to the Commission.

    Issued: July 12, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17937 Filed 7-15-11; 8:45 am]
BILLING CODE 7020-02-P