Trade Facilitation in the East African Community: Recent Developments and Potential Benefits, Institution of Investigation and Request for Written Statements, 21995-21996 [2012-8850]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 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 September 27, 2011, based on a complaint filed by Technical Properties Limited, LLC (‘‘TPL’’) of Cupertino, California. 76 FR 59737–38. The complaint alleges a violation 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 digital photo frames and image display devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,976,623; 7,162,549; 7,295,443; and 7,522,424. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named twenty respondents including Aiptek. The Office of Unfair Import Investigations was not named as a party to this investigation. The complaint and notice of investigation were served on Aiptek on September 22, 2011. Aiptek failed to respond to the complaint and notice of investigation. On November 18, 2011, the presiding administrative law judge (‘‘ALJ’’) issued an order to Aiptek to show cause why it should not be held in default. See ALJ’s Order No. 13 (November 18, 2011). Aiptek failed to respond to the show cause order. The ALJ issued an initial determination (‘‘ID’’) on December 22, 2011, finding Aiptek in default, pursuant to 19 CFR 210.13 and 210.16, because respondent did not respond to the complaint, notice of investigation, and the ALJ’s order to show cause. On January 9, 2012, the Commission issued notice of its determination not to review the ID finding Aiptek in default. On March 8, 2012, complainant TPL filed a declaration requesting immediate relief against the defaulting respondent Aiptek pursuant to Commission rule 210.16(c)(1), 19 CFR 210.16(c)(1). Its declaration included proposed remedial orders for the Commission’s consideration. Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c)(1) (19 CFR 210.16(c)(1)) authorize the Commission to order immediate limited relief against a respondent found in default, unless after consideration of the public interest factors, it finds that such relief should VerDate Mar<15>2010 16:27 Apr 11, 2012 Jkt 226001 not issue. 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 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 are either 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 order 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. When 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 section 337(j), 19 U.S.C. 1337(j) and the 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. 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. Complainant is requested to state the dates that the patents at issue expire and the HTSUS numbers under which the accused products are imported. The PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 21995 written submissions must be filed no later than close of business on April 23, 2012. Reply submissions must be filed no later than the close of business on April 30, 2012. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must do so in accordance with Commission rule 210.4(f), 19 CFR 210.4(f) which requires electronic filing. The original document and 8 true copies thereof must also be filed on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document (or portion thereof) 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 210.6. 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 sections 210.16(c)(1) and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c)(1) and 210.50). Issued: April 9, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–8849 Filed 4–11–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–530] Trade Facilitation in the East African Community: Recent Developments and Potential Benefits, Institution of Investigation and Request for Written Statements United States International Trade Commission. ACTION: Institution of investigation and request for written statements. AGENCY: Following receipt of a request on March 28, 2012, from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission SUMMARY: E:\FR\FM\12APN1.SGM 12APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 21996 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices (Commission) instituted investigation No. 332–530, Trade Facilitation in the East African Community: Recent Developments and Potential Benefits. DATES: May 10, 2012: Deadline for filing written submissions. July 2, 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/edis3-internal/ app. FOR FURTHER INFORMATION CONTACT: Falan Yinug (202–205–2160 or falan.yinug@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, 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 will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. Background: As requested by the USTR, the Commission will conduct an investigation and prepare a report that summarizes recent developments relating to trade facilitation in the East African Community (EAC). The report will also describe the potential benefits of trade facilitation in the EAC countries, based on empirical studies and the experiences of other developing countries. As requested, the information in the report will be based principally on a review of the literature, and, to the extent the literature permits, include the following: • A description of the present conditions and recent developments relating to the movement of goods to and from the countries of the EAC, including policies enforced at the border and procedures for their VerDate Mar<15>2010 16:27 Apr 11, 2012 Jkt 226001 enforcement, as well as transport infrastructure. To the extent feasible, the report will address elements referenced in U.S. trade facilitation agreements, such as those between the United States and the Philippines, the United States and Uruguay, and trade facilitation chapters in U.S. free trade agreements. The description will focus on conditions in individual EAC countries as well as the EAC region as a whole. • A summary of findings from the empirical literature on the benefits of overall trade facilitation improvements, such as effects on import and export volumes, export diversification, and economic development, including highlights of any notable findings specific to the EAC countries. • Relevant sectoral case studies (particularly for industries where EAC countries have significant AGOA exports) from developing countries within and outside sub-Saharan Africa that illustrate the benefits of trade facilitation. The USTR asked that the Commission provide its report no later than July 2, 2012. Written Submissions: Because of the short time frame requested by the USTR, the Commission will not hold a public hearing in connection with this investigation. However, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and should be received no later than 5:15 p.m., May 10, 2012. All written submissions must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission’s Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12 noon eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Secretary (202–205–2595). Any submissions that contain confidential business information (CBI) must also conform to 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 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 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. In his request letter the USTR said that he anticipates that the Commission’s report will be made available to the public in its entirety, and asked that the Commission not include any confidential business information in the report it sends him. Accordingly, any confidential business information received by the Commission in this investigation and used in preparing this report will not be included in the report that the Commission sends to the USTR and will not be published in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: April 9, 2012. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–8850 Filed 4–11–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–778] Certain Equipment for Communications Networks, Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones and Products Containing Same; Determination Not To Review an Initial Determination; Termination of 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 (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 47) granting a joint motion to terminate the investigation in its entirety based on a settlement agreement. The investigation is hereby terminated. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2301. Copies of non-confidential SUMMARY: E:\FR\FM\12APN1.SGM 12APN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21995-21996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8850]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-530]


Trade Facilitation in the East African Community: Recent 
Developments and Potential Benefits, Institution of Investigation and 
Request for Written Statements

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and request for written 
statements.

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

SUMMARY: Following receipt of a request on March 28, 2012, from the 
United States Trade Representative (USTR) under section 332(g) of the 
Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade 
Commission

[[Page 21996]]

(Commission) instituted investigation No. 332-530, Trade Facilitation 
in the East African Community: Recent Developments and Potential 
Benefits.

DATES: 
    May 10, 2012: Deadline for filing written submissions.
    July 2, 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/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Falan Yinug (202-205-2160 or 
falan.yinug@usitc.gov) for information specific to this investigation. 
For information on the legal aspects of this investigation, 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 will need special assistance in 
gaining access to the Commission should contact the Office of the 
Secretary at 202-205-2000.
    Background: As requested by the USTR, the Commission will conduct 
an investigation and prepare a report that summarizes recent 
developments relating to trade facilitation in the East African 
Community (EAC). The report will also describe the potential benefits 
of trade facilitation in the EAC countries, based on empirical studies 
and the experiences of other developing countries. As requested, the 
information in the report will be based principally on a review of the 
literature, and, to the extent the literature permits, include the 
following:
     A description of the present conditions and recent 
developments relating to the movement of goods to and from the 
countries of the EAC, including policies enforced at the border and 
procedures for their enforcement, as well as transport infrastructure. 
To the extent feasible, the report will address elements referenced in 
U.S. trade facilitation agreements, such as those between the United 
States and the Philippines, the United States and Uruguay, and trade 
facilitation chapters in U.S. free trade agreements. The description 
will focus on conditions in individual EAC countries as well as the EAC 
region as a whole.
     A summary of findings from the empirical literature on the 
benefits of overall trade facilitation improvements, such as effects on 
import and export volumes, export diversification, and economic 
development, including highlights of any notable findings specific to 
the EAC countries.
     Relevant sectoral case studies (particularly for 
industries where EAC countries have significant AGOA exports) from 
developing countries within and outside sub-Saharan Africa that 
illustrate the benefits of trade facilitation.

The USTR asked that the Commission provide its report no later than 
July 2, 2012.
    Written Submissions: Because of the short time frame requested by 
the USTR, the Commission will not hold a public hearing in connection 
with this investigation. However, interested parties are invited to 
file written submissions concerning this investigation. All written 
submissions should be addressed to the Secretary, and should be 
received no later than 5:15 p.m., May 10, 2012. All written submissions 
must conform to the provisions of section 201.8 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the 
Commission's Handbook on Filing Procedures require that interested 
parties file documents electronically on or before the filing deadline 
and submit eight (8) true paper copies by 12 noon eastern time on the 
next business day. In the event that confidential treatment of a 
document is requested, interested parties must file, at the same time 
as the eight paper copies, at least four (4) additional true paper 
copies in which the confidential information must be deleted (see the 
following paragraph for further information regarding confidential 
business information). Persons with questions regarding electronic 
filing should contact the Secretary (202-205-2595).
    Any submissions that contain confidential business information 
(CBI) must also conform to 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.
    In his request letter the USTR said that he anticipates that the 
Commission's report will be made available to the public in its 
entirety, and asked that the Commission not include any confidential 
business information in the report it sends him. Accordingly, any 
confidential business information received by the Commission in this 
investigation and used in preparing this report will not be included in 
the report that the Commission sends to the USTR and will not be 
published in a manner that would reveal the operations of the firm 
supplying the information.

    By order of the Commission.

    Issued: April 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8850 Filed 4-11-12; 8:45 am]
BILLING CODE 7020-02-P

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