In the Matter of Certain Mobile Telephones and Modems; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation; Termination of the Investigation, 54495-54496 [2011-22358]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices Subject Merchandise in the Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2005. (7) A list of 3–5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and e-mail address of a responsible official at each firm). (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets. (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2010, except as noted (report quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) The quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) The quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) The value of (i) Net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise VerDate Mar<15>2010 18:01 Aug 31, 2011 Jkt 223001 from the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2010 (report quantity data in pounds and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) imports; (b) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2010 (report quantity data in pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Subject Merchandise in the Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) The quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 54495 conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2005, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (Optional) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–22272 Filed 8–31–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–758] In the Matter of Certain Mobile Telephones and Modems; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation; 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 an initial determination (‘‘ID’’) (Order No. 17) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned SUMMARY: E:\FR\FM\01SEN1.SGM 01SEN1 srobinson on DSK4SPTVN1PROD with NOTICES 54496 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. 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 February 2, 2011, based on a complaint filed by Sony Corporation of Japan. 76 FR 5824–25. 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 mobile telephones and modems by reason of infringement of certain claims of U.S. Patent Nos. 6,311,092; 5,907,604; 6,263,205; 6,507,611; 6,674,464; 7,839,477; and 6,674,732. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named the following respondents: LG Electronics, Inc. of South Korea; LG Electronics USA, Inc. of Englewood Cliffs, New Jersey; and LG Electronics Mobilecomm USA, Inc. of San Diego, California. On February 28, 2011, the Commission issued notice of its determination not to review the ALJ’s ID setting a target date of August 2, 2012, for completion of the investigation. On August 10, 2011, complainant and respondents jointly moved to terminate the investigation on the basis of a settlement agreement. The Office of Unfair Import Investigations did not participate in this investigation. The ALJ issued the subject ID (Order No. 17) on August 11, 2011, granting the motion for termination. He found that the motion for termination satisfies Commission rule 210.21(b). He further VerDate Mar<15>2010 16:16 Aug 31, 2011 Jkt 223001 found, pursuant to Commission rule 210.50(b)(2), that termination of this investigation by settlement agreement is in the public interest. No party petitioned for review of the ID. The Commission has determined not to review the ID, and the investigation is terminated. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in sections 210.21 and 210.42(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h). By order of the Commission. Issued: August 26, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–22358 Filed 8–31–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–774] In the Matter of Certain Electronic Devices Having a Digital Television Receiver and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation; 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 an initial determination (‘‘ID’’) (Order No. 5) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. 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:// SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 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. The Commission instituted this investigation on June 6, 2011, based on a complaint filed by Zenith Electronics LLC of Lincolnshire, Illinois. 76 FR. 32373–74. 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 electronic devices having a digital television receiver and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,598,220; 5,629,958; and 5,636,251. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named the following respondents: Sony Corporation of Japan; Sony Corporation of America of New York, New York; and Sony Electronics, Inc. of San Diego, California. On August 10, 2011, complainant and respondents jointly moved to terminate the investigation on the basis of a settlement agreement. The Office of Unfair Import Investigations did not participate in this investigation. The ALJ issued the subject ID on August 11, 2011, granting the motion for termination. He found that the motion for termination satisfies Commission rule 210.21(b). He further found, pursuant to Commission rule 210.50(b)(2), that termination of this investigation by settlement agreement is in the public interest. No party petitioned for review of the ID. The Commission has determined not to review the ID, and the investigation is terminated. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in sections 210.21 and 210.42(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h). SUPPLEMENTARY INFORMATION: By order of the Commission. Issued: August 26, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–22359 Filed 8–31–11; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54495-54496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22358]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-758]


 In the Matter of Certain Mobile Telephones and Modems; Notice of 
a Commission Determination Not To Review an Initial Determination 
Terminating the Investigation; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 17) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned

[[Page 54496]]

investigation based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 February 2, 2011, based on a complaint filed by Sony Corporation of 
Japan. 76 FR 5824-25. The complaint alleges violations of section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain mobile 
telephones and modems by reason of infringement of certain claims of 
U.S. Patent Nos. 6,311,092; 5,907,604; 6,263,205; 6,507,611; 6,674,464; 
7,839,477; and 6,674,732. The complaint further alleges the existence 
of a domestic industry. The Commission's notice of investigation named 
the following respondents: LG Electronics, Inc. of South Korea; LG 
Electronics USA, Inc. of Englewood Cliffs, New Jersey; and LG 
Electronics Mobilecomm USA, Inc. of San Diego, California.
    On February 28, 2011, the Commission issued notice of its 
determination not to review the ALJ's ID setting a target date of 
August 2, 2012, for completion of the investigation.
    On August 10, 2011, complainant and respondents jointly moved to 
terminate the investigation on the basis of a settlement agreement. The 
Office of Unfair Import Investigations did not participate in this 
investigation.
    The ALJ issued the subject ID (Order No. 17) on August 11, 2011, 
granting the motion for termination. He found that the motion for 
termination satisfies Commission rule 210.21(b). He further found, 
pursuant to Commission rule 210.50(b)(2), that termination of this 
investigation by settlement agreement is in the public interest. No 
party petitioned for review of the ID. The Commission has determined 
not to review the ID, and the investigation is terminated.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in sections 210.21 and 210.42(h) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.21, 210.42(h).

    By order of the Commission.

    Issued: August 26, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22358 Filed 8-31-11; 8:45 am]
BILLING CODE 7020-02-P
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