Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2011 Review of Additions and Competitive Need Limitation Waivers Institution of Investigation and Scheduling of Hearing, 11589-11591 [2012-4496]
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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices
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: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
srobinson on DSK4SPTVN1PROD with NOTICES
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
(2011).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
February 21, 2012, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
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 electronic devices
for capturing and transmitting images
and components thereof by reason of
infringement of one or more of claims 5
and 7 of the ’161 patent; claims 1 and
7–11 of the ’084 patent; claims 1–6, 9–
13, 16, 17, 19, and 20 of the ’605 patent;
claims 11, 12, and 15–18 of the ’391
patent; and claims 15 and 23–27 of the
’218 patent; and whether an industry in
the United States exists as required by
subsections (a)(2) and (3) of section 337;
(2) 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:
Eastman Kodak Company, 343 State
Street Rochester, NY 14650.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the complaint is to be served:
Apple Inc., 1 Infinite Loop, Cupertino,
CA 95014;
High Tech Computer Corp. a/k/a HTC
Corp., 23 Xinghua Road, Taoyuan
330, Taiwan;
HTC America, Inc., 13920 SE Eastgate
Way, Suite 400, Bellevue, WA 98005;
Exedea, Inc., 5950 Corporate Drive,
Houston, TX 77036;
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
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(3) For the investigation so instituted,
the 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
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: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–4497 Filed 2–24–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–529]
Advice Concerning Possible
Modifications to the U.S. Generalized
System of Preferences, 2011 Review of
Additions and Competitive Need
Limitation Waivers Institution of
Investigation and Scheduling of
Hearing
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and scheduling of public
hearing.
AGENCY:
Following receipt of a request
on February 14, 2012, from the United
States Trade Representative (USTR), the
U.S. International Trade Commission
SUMMARY:
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Fmt 4703
Sfmt 4703
11589
(Commission) instituted investigation
No. 332–529, Advice Concerning
Possible Modifications to the U.S.
Generalized System of Preferences, 2011
Review of Additions and Competitive
Need Limitation Waivers, for the
purpose of providing advice as to the
probable economic effect of the addition
of certain products to the list of items
eligible for duty-free treatment under
the U.S. GSP program and providing
advice on whether any industry in the
United States is likely to be adversely
affected by a waiver of the competitive
need limitations under the program for
certain countries and articles.
DATES:
March 12, 2012: Deadline for filing a
request to appear at the public hearing.
March 15, 2012: Deadline for filing
pre-hearing briefs and statements.
March 30, 2012: Public hearing.
April 4, 2012: Deadline for filing posthearing briefs and statements.
April 4, 2012: Deadline for filing all
other written submissions.
May 14, 2012: Transmittal of
Commission report to the USTR.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. All written submissions should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW., Washington, DC
20436. 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:
Information specific to this investigation
may be obtained from Vincent Honnold,
Project Leader, Office of Industries
(202–205–3314 or vincent.honnold@
usitc.gov), Michael McConnell, Deputy
Project Leader, Office of Industries
(202–205–3443 or michael.mcconnell@
usitc.gov), or Cynthia B. Foreso,
Technical Advisor, Office of Industries
(202–205–3348 or cynthia.foreso@usitc.
gov). For information on the legal
aspects of these investigations, contact
William Gearhart of the Commission’s
Office of the General Counsel (202–205–
3091 or william.gearhart@usitc.gov).
The media should contact Margaret
O’Laughlin, Office of External Relations
(202–205–1819 or margaret.olaughlin@
usitc.gov). Hearing-impaired individuals
may obtain information on this matter
by contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
Persons with mobility impairments who
E:\FR\FM\27FEN1.SGM
27FEN1
srobinson on DSK4SPTVN1PROD with NOTICES
11590
Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices
will need special assistance in gaining
access to the Commission should
contact the Office of the Secretary at
202–205–2000.
Background: The USTR has requested
three types of advice. First, in
accordance with sections 503(a)(1)(A),
503(e), and 131(a) of the Trade Act of
1974, and pursuant to the authority of
the President delegated to the USTR by
sections 4(c) and 8(c) and (d) of
Executive Order 11846 of March 31,
1975, as amended, and pursuant to
section 332(g) of the Tariff Act of 1930,
the USTR has requested, and the
Commission will provide, advice as to
the probable economic effect on U.S.
industries producing like or directly
competitive articles, on U.S. imports,
and on U.S. consumers of the
elimination of U.S. import duties on the
following article for all beneficiary
developing countries under the GSP
program: Sacks and bags (including
cones) for the conveyance or packing of
goods, of polymers of ethylene,
provided for in HTS subheading
3923.21.00.
Second, in accordance with sections
503(a)(1)(B), 503(e), and 131(a) of the
Trade Act of 1974, and pursuant to the
authority of the President delegated to
the USTR by sections 4(c) and 8(c) and
(d) of Executive Order 11846 of March
31, 1975, as amended, and pursuant to
section 332(g) of the Tariff Act of 1930,
the USTR has requested, and the
Commission will provide, advice as to
the probable economic effect on U.S.
industries producing like or directly
competitive articles, on U.S. imports,
and on U.S. consumers of the
elimination of U.S. import duties on the
following HTS subheadings and articles
for least-developed beneficiary
developing countries under the GSP
program: HTS subheadings 5201.00.18
(Cotton, not carded or combed, having
a staple length under 28.575 mm (11⁄8
inches), n/harsh or rough, nesoi),
5201.00.22 (Cotton, not carded or
combed, staple length of 28.575 mm or
more but under 34.925 mm, described
in gen. note 15), 5201.00.24 (Cotton,
carded or combed, harsh or rough,
staple length 29.36875 mm or more but
n/o 34.925 mm, white in color, quota
described in chapter 52 add US note 6),
5201.00.28 (Cotton, not carded or
combed, harsh or rough, staple length of
29.36875 mm or more but under 34.925
mm & white in color, nesoi), 5201.00.34
(Cotton, not carded or combed, staple
length of 28.575 mm or more but under
34.925 mm, other, quota described in
chapter 52 add’l US note 7), 5201.00.38
(Cotton, not carded or combed, staple
length of 28.575 mm or more but under
34.925 mm, nesoi), 5202.91.00 (Cotton
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18:10 Feb 24, 2012
Jkt 226001
garnetted stock), 5202.99.30 (Cotton
card strips made from cotton waste
having staple length under 30.1625 mm
& lap, sliver & roving waste, nesoi),
5203.00.05 (Cotton fibers, carded or
combed, of cotton fiber processed but
not spun, described in gen. note 15),
5203.00.10 (Cotton fibers, carded or
combed, of cotton fiber processed but
not spun, quota described in chapter 52
add’l US note 10), 5203.00.30 (Cotton
fibers, carded or combed, of cotton fiber
processed, but not spun, nesoi), and
5203.00.50 (Cotton carded or combed,
excluding fibers of cotton processed but
not spun).
Third, under authority delegated by
the President, pursuant to section 332(g)
of the Tariff Act of 1930, and in
accordance with section 503(d)(1)(A) of
the Trade Act of 1974, the USTR has
requested, and the Commission will
provide, advice on whether any
industry in the United States is likely to
be adversely affected by a waiver of the
competitive need limitations specified
in section 503(c)(2)(A) of the Trade Act
of 1974 for the following HTS
subheadings and countries: 1602.50.20
(Prepared or preserved beef in airtight
containers, other than corned beef, not
containing cereals or vegetables) from
Argentina; 2840.19.00 (Disodium
tetraborate (refined borax) except
anhydrous) from Turkey; 2921.19.60
(Other acyclic monoamines and their
derivatives) from Philippines;
2922.41.00 (Lysine and its esters and
salts thereof) from Brazil; 3307.41.00
(‘‘Agarbatti’’ and other odoriferous
preparations which operate by burning,
to perfume or deodorize rooms or used
during religious rites) from India;
4015.19.10 (Seamless gloves of
vulcanized rubber other than hard
rubber, other than surgical or medical
gloves) from Thailand; 7606.12.30
(Aluminum alloy, plates/sheets/strip,
w/thick. o/0.2mm, rectangular (inc. sq),
not clad) from Indonesia; 8415.90.80
(Parts for air conditioning machines,
nesi) from Thailand; and 8708.30.50
(Pts. & access. of mtr. vehicles of 8701,
nesoi, and 8702–8705, brakes and servobrakes & pts thereof) from India. As
requested, the Commission will also
provide advice with respect to whether
like or directly competitive products
were being produced in the United
States on January 1, 1995, and will
provide advice as to the probable
economic effect on total U.S. imports, as
well as on consumers, of the requested
waivers. For purposes of the
competitive need limit in section
503(c)(2)(A)(i)(I) of the Trade Act of
1974, the Commission will use, as
PO 00000
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Fmt 4703
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requested, the dollar value limit of
$150,000,000.
To the extent possible, the
Commission will provide its probable
economic effect advice and statistics
and other relevant information or advice
separately and individually for each
U.S. Harmonized Tariff Schedule
subheading subject to this request. As
requested, the Commission will provide
its advice by May 14, 2012.
The USTR indicated that the portions
of the Commission’s report and working
papers that contain the Commission’s
advice and assessment will be classified
on the basis that they concern matters
relating to the national security. In
addition, the USTR said that he
considers the Commission’s report to be
an inter-agency memorandum that will
contain pre-decisional advice and be
subject to the deliberative process
privilege.
Public Hearing: A public hearing in
connection with this investigation will
be held at the U.S. International Trade
Commission Building, 500 E Street SW.,
Washington, DC, beginning at 9:30 a.m.
on March 30, 2012. Requests to appear
at the public hearing should be filed
with the Secretary, no later than 5:15
p.m., March 12, 2012, in accordance
with the requirements in the
‘‘Submissions’’ section below. All prehearing briefs and statements should be
filed not later than 5:15 p.m., March 15,
2012; and all post-hearing briefs and
statements should be filed not later than
5:15 p.m., April 4, 2012. In the event
that, as of the close of business on
March 12, 2012, no witnesses are
scheduled to appear at the hearing, the
hearing will be canceled. Any person
interested in attending the hearing as an
observer or nonparticipant may call the
Secretary to the Commission (202–205–
2000) after March 12, 2012, for
information concerning whether the
hearing will be held.
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to file
written submissions concerning this
investigation. All written submissions
should be addressed to the Secretary,
and should be received not later than
5:15 p.m., April 4, 2012. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8
requires that a signed original (or a copy
so designated) and fourteen (14) copies
of each document be filed. In the event
that confidential treatment of a
document is requested, at least four (4)
additional copies must be filed, in
which the confidential information
must be deleted (see the following
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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices
paragraph for further information
regarding confidential business
information). 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 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 submissions that contain
confidential business information must
also conform with the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information be clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
The Commission may include in the
report it sends to the President and the
USTR some or all of the confidential
business information it receives in this
investigation. The USTR has asked that
the Commission make available a public
version of its report shortly after its
sends its report to the President and the
USTR, with any classified or
confidential business information
deleted. The confidential business
information received in this
investigation and used in the
preparation of the report will not be
published in the public version of the
report in such manner as would reveal
the operations of the firm supplying the
information.
By order of the Commission.
Issued: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–4496 Filed 2–24–12; 8:45 am]
BILLING CODE 7020–02–P
srobinson on DSK4SPTVN1PROD with NOTICES
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–739]
Certain Ground Fault Circuit
Interrupters and Products Containing
Same, Investigations: Terminations,
Modifications and Rulings
U.S. International Trade
Commission.
AGENCY:
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18:10 Feb 24, 2012
Jkt 226001
ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
the final initial determination issued by
the presiding administrative law judge
in the above captioned investigation on
December 20, 2011, finding no violation
of section 337 (19 U.S.C. 1337). The
Commission requests briefing from the
parties on certain issues under review
and from the parties and the public on
remedy, the public interest, and
bonding, as indicated in this notice.
FOR FURTHER INFORMATION CONTACT:
Clark S. Cheney, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–2661. 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 (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 October 8, 2010, based on a
complaint and an amended complaint
filed by Leviton Manufacturing Co., of
Melville, New York (‘‘Leviton’’). 75 FR
62420 (Oct. 8, 2010). The complaint and
amended complaint alleged 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 ground fault circuit interrupters
and products containing the same by
reason of infringement of claims 1–7, 9–
11, 13–17, 23–26, and 32–36 of U.S.
Patent No. 7,463,124 (‘‘the ’124 patent’’);
claims 1–11, 13–28, 30–59, 61–64, and
74–83 of U.S. Patent No. 7,737,809 (‘‘the
’809 patent’’); and claims 1–4 and 8 of
U.S. Patent No. 7,764,151 (‘‘the ’151
patent’’). The Notice of Investigation
named numerous respondents, and
during the course of the investigation
several of the respondents were found to
be in default or were terminated due
settlement agreements, consent orders,
SUMMARY:
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11591
or withdrawn allegations. Seven
respondents remain in the investigation,
consisting of Zhejiang Trimone Electric
Science & Technology Co. Ltd., of
Zhejiang, China (‘‘Trimone’’); Fujian
Hongan Electric Co, Ltd., of Fujian,
China (‘‘Hongan’’); TDE, Inc., of
Bellevue, Washington (‘‘TDE’’);
Shanghai ELE Manufacturing Corp., of
Shanghai, China (‘‘ELE’’); Orbit
Industries, Inc., of Los Angeles,
California (‘‘Orbit’’); American Electric
Depot Inc., of Fresh Meadows, New
York (‘‘AED’’); and Shanghai Jia AO
Electrical Co. of Shanghai, China
(‘‘Shanghai Jia’’).
On December 20, 2011, the presiding
administrative law judge (‘‘ALJ’’) issued
his final initial determination (‘‘ID’’) in
this investigation finding that the
complainant had not sufficiently shown
that a domestic industry exists with
respect to the three asserted patents
and/or articles protected by those
patents. Accordingly, the ALJ found no
violation of section 337.
On January 6, 2012, the complainant,
the Commission investigative attorney,
and a group of respondents consisting of
Trimone, Hongan, and TDE filed
petitions for review of the ID.
Respondents ELE, Orbit, AED, and
Shanghai Jia have not filed petitions for
review of the ID.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
determined to review the final ID in its
entirety.
The parties are requested to brief their
positions on only the following issues,
with reference to the applicable law and
the evidentiary record:
1. Whether the complainant has
carried its burden to show the existence
of a domestic industry under 19 U.S.C.
1337(a)(3).
2. Whether the ID implicitly applied
a different claim construction when
analyzing the validity of the ’121 and
’151 patents than was applied when
analyzing infringement of those patents.
3. Whether the ID relied upon
unclaimed features of the disclosed
inventions when analyzing the validity
of the ’121 and ’151 patents.
4. Whether the ID considered all of
respondents’ arguments concerning the
validity of the ’809 patent.
5. Whether the following asserted
patent claims (a) have been properly
construed, (b) protect articles for which
there is an industry in the United States,
(c) are infringed by the accused articles,
and (d) have not been shown to be
invalid: Claim 7 of the ’124 patent,
claim 4 of the ’151 patent, and claims
11 and 43 of the ’809 patent.
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]]>Agencies
[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11589-11591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4496]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 332-529]
Advice Concerning Possible Modifications to the U.S. Generalized
System of Preferences, 2011 Review of Additions and Competitive Need
Limitation Waivers Institution of Investigation and Scheduling of
Hearing
AGENCY: United States International Trade Commission.
ACTION: Notice of institution of investigation and scheduling of public
hearing.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a request on February 14, 2012, from the
United States Trade Representative (USTR), the U.S. International Trade
Commission (Commission) instituted investigation No. 332-529, Advice
Concerning Possible Modifications to the U.S. Generalized System of
Preferences, 2011 Review of Additions and Competitive Need Limitation
Waivers, for the purpose of providing advice as to the probable
economic effect of the addition of certain products to the list of
items eligible for duty-free treatment under the U.S. GSP program and
providing advice on whether any industry in the United States is likely
to be adversely affected by a waiver of the competitive need
limitations under the program for certain countries and articles.
DATES:
March 12, 2012: Deadline for filing a request to appear at the
public hearing.
March 15, 2012: Deadline for filing pre-hearing briefs and
statements.
March 30, 2012: Public hearing.
April 4, 2012: Deadline for filing post-hearing briefs and
statements.
April 4, 2012: Deadline for filing all other written submissions.
May 14, 2012: Transmittal of Commission report to the USTR.
ADDRESSES: All Commission offices, including the Commission's hearing
rooms, are located in the United States International Trade Commission
Building, 500 E Street SW., Washington, DC. All written submissions
should be addressed to the Secretary, United States International Trade
Commission, 500 E Street SW., Washington, DC 20436. 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: Information specific to this
investigation may be obtained from Vincent Honnold, Project Leader,
Office of Industries (202-205-3314 or vincent.honnold@usitc.gov),
Michael McConnell, Deputy Project Leader, Office of Industries (202-
205-3443 or michael.mcconnell@usitc.gov), or Cynthia B. Foreso,
Technical Advisor, Office of Industries (202-205-3348 or
cynthia.foreso@usitc.gov). For information on the legal aspects of
these investigations, contact William Gearhart of the Commission's
Office of the General Counsel (202-205-3091 or
william.gearhart@usitc.gov). The media should contact Margaret
O'Laughlin, Office of External Relations (202-205-1819 or
margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain
information on this matter by contacting the Commission's TDD terminal
at 202-205-1810. General information concerning the Commission may also
be obtained by accessing its Internet server (https://www.usitc.gov).
Persons with mobility impairments who
[[Page 11590]]
will need special assistance in gaining access to the Commission should
contact the Office of the Secretary at 202-205-2000.
Background: The USTR has requested three types of advice. First, in
accordance with sections 503(a)(1)(A), 503(e), and 131(a) of the Trade
Act of 1974, and pursuant to the authority of the President delegated
to the USTR by sections 4(c) and 8(c) and (d) of Executive Order 11846
of March 31, 1975, as amended, and pursuant to section 332(g) of the
Tariff Act of 1930, the USTR has requested, and the Commission will
provide, advice as to the probable economic effect on U.S. industries
producing like or directly competitive articles, on U.S. imports, and
on U.S. consumers of the elimination of U.S. import duties on the
following article for all beneficiary developing countries under the
GSP program: Sacks and bags (including cones) for the conveyance or
packing of goods, of polymers of ethylene, provided for in HTS
subheading 3923.21.00.
Second, in accordance with sections 503(a)(1)(B), 503(e), and
131(a) of the Trade Act of 1974, and pursuant to the authority of the
President delegated to the USTR by sections 4(c) and 8(c) and (d) of
Executive Order 11846 of March 31, 1975, as amended, and pursuant to
section 332(g) of the Tariff Act of 1930, the USTR has requested, and
the Commission will provide, advice as to the probable economic effect
on U.S. industries producing like or directly competitive articles, on
U.S. imports, and on U.S. consumers of the elimination of U.S. import
duties on the following HTS subheadings and articles for least-
developed beneficiary developing countries under the GSP program: HTS
subheadings 5201.00.18 (Cotton, not carded or combed, having a staple
length under 28.575 mm (1\1/8\ inches), n/harsh or rough, nesoi),
5201.00.22 (Cotton, not carded or combed, staple length of 28.575 mm or
more but under 34.925 mm, described in gen. note 15), 5201.00.24
(Cotton, carded or combed, harsh or rough, staple length 29.36875 mm or
more but n/o 34.925 mm, white in color, quota described in chapter 52
add US note 6), 5201.00.28 (Cotton, not carded or combed, harsh or
rough, staple length of 29.36875 mm or more but under 34.925 mm & white
in color, nesoi), 5201.00.34 (Cotton, not carded or combed, staple
length of 28.575 mm or more but under 34.925 mm, other, quota described
in chapter 52 add'l US note 7), 5201.00.38 (Cotton, not carded or
combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi),
5202.91.00 (Cotton garnetted stock), 5202.99.30 (Cotton card strips
made from cotton waste having staple length under 30.1625 mm & lap,
sliver & roving waste, nesoi), 5203.00.05 (Cotton fibers, carded or
combed, of cotton fiber processed but not spun, described in gen. note
15), 5203.00.10 (Cotton fibers, carded or combed, of cotton fiber
processed but not spun, quota described in chapter 52 add'l US note
10), 5203.00.30 (Cotton fibers, carded or combed, of cotton fiber
processed, but not spun, nesoi), and 5203.00.50 (Cotton carded or
combed, excluding fibers of cotton processed but not spun).
Third, under authority delegated by the President, pursuant to
section 332(g) of the Tariff Act of 1930, and in accordance with
section 503(d)(1)(A) of the Trade Act of 1974, the USTR has requested,
and the Commission will provide, advice on whether any industry in the
United States is likely to be adversely affected by a waiver of the
competitive need limitations specified in section 503(c)(2)(A) of the
Trade Act of 1974 for the following HTS subheadings and countries:
1602.50.20 (Prepared or preserved beef in airtight containers, other
than corned beef, not containing cereals or vegetables) from Argentina;
2840.19.00 (Disodium tetraborate (refined borax) except anhydrous) from
Turkey; 2921.19.60 (Other acyclic monoamines and their derivatives)
from Philippines; 2922.41.00 (Lysine and its esters and salts thereof)
from Brazil; 3307.41.00 (``Agarbatti'' and other odoriferous
preparations which operate by burning, to perfume or deodorize rooms or
used during religious rites) from India; 4015.19.10 (Seamless gloves of
vulcanized rubber other than hard rubber, other than surgical or
medical gloves) from Thailand; 7606.12.30 (Aluminum alloy, plates/
sheets/strip, w/thick. o/0.2mm, rectangular (inc. sq), not clad) from
Indonesia; 8415.90.80 (Parts for air conditioning machines, nesi) from
Thailand; and 8708.30.50 (Pts. & access. of mtr. vehicles of 8701,
nesoi, and 8702-8705, brakes and servo-brakes & pts thereof) from
India. As requested, the Commission will also provide advice with
respect to whether like or directly competitive products were being
produced in the United States on January 1, 1995, and will provide
advice as to the probable economic effect on total U.S. imports, as
well as on consumers, of the requested waivers. For purposes of the
competitive need limit in section 503(c)(2)(A)(i)(I) of the Trade Act
of 1974, the Commission will use, as requested, the dollar value limit
of $150,000,000.
To the extent possible, the Commission will provide its probable
economic effect advice and statistics and other relevant information or
advice separately and individually for each U.S. Harmonized Tariff
Schedule subheading subject to this request. As requested, the
Commission will provide its advice by May 14, 2012.
The USTR indicated that the portions of the Commission's report and
working papers that contain the Commission's advice and assessment will
be classified on the basis that they concern matters relating to the
national security. In addition, the USTR said that he considers the
Commission's report to be an inter-agency memorandum that will contain
pre-decisional advice and be subject to the deliberative process
privilege.
Public Hearing: A public hearing in connection with this
investigation will be held at the U.S. International Trade Commission
Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on
March 30, 2012. Requests to appear at the public hearing should be
filed with the Secretary, no later than 5:15 p.m., March 12, 2012, in
accordance with the requirements in the ``Submissions'' section below.
All pre-hearing briefs and statements should be filed not later than
5:15 p.m., March 15, 2012; and all post-hearing briefs and statements
should be filed not later than 5:15 p.m., April 4, 2012. In the event
that, as of the close of business on March 12, 2012, no witnesses are
scheduled to appear at the hearing, the hearing will be canceled. Any
person interested in attending the hearing as an observer or
nonparticipant may call the Secretary to the Commission (202-205-2000)
after March 12, 2012, for information concerning whether the hearing
will be held.
Written Submissions: In lieu of or in addition to participating in
the hearing, interested parties are invited to file written submissions
concerning this investigation. All written submissions should be
addressed to the Secretary, and should be received not later than 5:15
p.m., April 4, 2012. All written submissions must conform with the
provisions of section 201.8 of the Commission's Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8 requires that a signed original
(or a copy so designated) and fourteen (14) copies of each document be
filed. In the event that confidential treatment of a document is
requested, at least four (4) additional copies must be filed, in which
the confidential information must be deleted (see the following
[[Page 11591]]
paragraph for further information regarding confidential business
information). 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 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 submissions that contain confidential business information must
also conform with the requirements of section 201.6 of the Commission's
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the
rules requires that the cover of the document and the individual pages
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information
be clearly identified by means of brackets. All written submissions,
except for confidential business information, will be made available
for inspection by interested parties.
The Commission may include in the report it sends to the President
and the USTR some or all of the confidential business information it
receives in this investigation. The USTR has asked that the Commission
make available a public version of its report shortly after its sends
its report to the President and the USTR, with any classified or
confidential business information deleted. The confidential business
information received in this investigation and used in the preparation
of the report will not be published in the public version of the report
in such manner as would reveal the operations of the firm supplying the
information.
By order of the Commission.
Issued: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4496 Filed 2-24-12; 8:45 am]
BILLING CODE 7020-02-P
