Drawn Stainless Steel Sinks From China, 23752-23753 [2012-9590]
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices
The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained 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 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.
ADDRESSES:
tkelley on DSK3SPTVN1PROD 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
(2012).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 13, 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:
(a) Whether there is a violation
subsection (a)(1)(A) 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 food waste disposers and
components and packaging thereof by
reason of (1) trade dress infringement;
(2) passing off; (3) infringement of
common law trademarks; or (4)
trademark dilution, the threat or effect
of which is to destroy or substantially
injure an industry in the United States;
(b) 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 food waste disposers and
components and packaging thereof that
infringe the claim of U.S. Patent No.
D535,850, and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337; or
(c) whether there is a violation of
subsection (a)(1)(C) of section 337 in the
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18:17 Apr 19, 2012
Jkt 226001
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain food waste disposers and
components and packaging thereof that
infringe U.S. Trademark Registration
No. 2,518,010, and whether an industry
in the United States exists as required
by subsection (a)(2) 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: Emerson
Electric Co., 8000 West Florissant
Avenue, P.O. Box 4100, St. Louis, MO
63136.
(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:
Anaheim Manufacturing Co., 2680
Orbiter Street, Brea, CA 92821.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(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 respondent 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 the 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.
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Issued: April 16, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–9504 Filed 4–19–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–489 and 731–
TA–1201 (Preliminary)]
Drawn Stainless Steel Sinks From
China
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(Commission) determines, pursuant to
sections 703(a) and 733(a) of the Tariff
Act of 1930 (19 U.S.C. 1671b(a) and
1673b(a)) (the Act), that there is a
reasonable indication that an industry
in the United States is materially
injured by reason of imports from China
of drawn stainless sinks, provided for in
subheading 7324.10.00 of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value (LTFV) and subsidized by the
Government of China.
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in section 207.21 of the
Commission’s rules, upon notice from
the Department of Commerce
(Commerce) of affirmative preliminary
determinations in the investigations
under sections 703(b) or 733(b) of the
Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under sections 705(a) or 735(a) of the
Act. Parties that filed entries of
appearance in the preliminary phase of
the investigations need not enter a
separate appearance for the final phase
of the investigations. Industrial users,
and, if the merchandise under
investigation is sold at the retail level,
representative consumer organizations
have the right to appear as parties in
Commission antidumping and
countervailing duty investigations. The
Secretary will prepare a public service
list containing the names and addresses
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices
of all persons, or their representatives,
who are parties to the investigations.
Background
On March 1, 2012, a petition was filed
with the Commission and Commerce by
Elkay Manufacturing Company, Oak
Brook, IL, alleging that an industry in
the United States is materially injured
or threatened with material injury by
reason of LTFV imports of drawn
stainless sinks and subsidized imports
of drawn stainless sinks from China.
Accordingly, effective March 1, 2012,
the Commission instituted
countervailing duty investigation No.
701–TA–489 and antidumping duty
investigation No. 731–TA–1201
(Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of March 7, 2012 (77
FR 13631). The conference was held in
Washington, DC, on March 22, 2012,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these investigations to
the Secretary of Commerce on April 16,
2012. The views of the Commission are
contained in USITC Publication 4317
(April 2012), entitled Drawn Stainless
Steel Sinks from China: Investigation
Nos. 701–TA–489 and 731–TA–1201
(Preliminary).
By order of the Commission.
Issued: April 17, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–9590 Filed 4–19–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–565]
tkelley on DSK3SPTVN1PROD with NOTICES
Certain Ink Cartridges and
Components Thereof; Modification of
Remedial Orders and Termination of
Consolidated Advisory Opinion and
Modification Proceedings
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has modified the general
exclusion order and a cease and desist
SUMMARY:
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18:17 Apr 19, 2012
Jkt 226001
order to cover components of ink
cartridges and terminated the abovecaptioned consolidated advisory
opinion and modification proceedings.
FOR FURTHER INFORMATION CONTACT:
Michael Haldenstein, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3041. Copies of all nonconfidential
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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the underlying
investigation in this matter on March
23, 2006, based on a complaint filed by
Epson Portland, Inc. of Oregon; Epson
America, Inc. of California; and Seiko
Epson Corporation of Japan (collectively
‘‘Epson’’). 71 FR 14720 (March 23,
2006). The complaint, as amended,
alleged violations of section 337 of the
Tariff Act of 1930 (‘‘section 337’’) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain ink cartridges and components
thereof by reason of infringement of
claim 7 of U.S. Patent No. 5,615,957;
claims 18, 81, 93, 149, 164 and 165 of
U.S. Patent No. 5,622,439; claims 83 and
84 of U.S. Patent No. 5,158,377; claims
19 and 20 of U.S. Patent No. 5,221,148;
claims 29, 31, 34 and 38 of U.S. Patent
No. 5,156,472; claim 1 of U.S. Patent
No. 5,488,401; claims 1–3 and 9 of U.S.
Patent No. 6,502,917; claims 1, 31 and
34 of U.S. Patent No. 6,550,902; claims
1, 10 and 14 of U.S. Patent No.
6,955,422; claim 1 of U.S. Patent No.
7,008,053; and claims 21, 45, 53 and 54
of U.S. Patent No. 7,011,397. The
complaint further alleged that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complainants requested that
the Commission issue a general
exclusion order and cease and desist
orders. The Commission named as
respondents 24 companies located in
China, Germany, Hong Kong, Korea, and
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Fmt 4703
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23753
the United States. Several respondents
were terminated from the investigation
on the basis of settlement agreements or
consent orders or were found in default.
On March 30, 2007, the presiding
administrative law judge (ALJ) issued a
final ID in the investigation finding a
violation of section 337 with respect to
certain respondents. He found the
asserted claims valid and infringed by
certain respondents’ products. He
recommended issuance of a general
exclusion order, limited exclusion
order, and cease and desist orders
directed to certain respondents and
bond in the amount of $13.60 per
cartridge during the Presidential review
period.
On October 19, 2007, after review, the
Commission made its final
determination in the investigation,
finding a violation of section 337. The
Commission issued a general exclusion
order, limited exclusion order, and
cease and desist orders directed to
several domestic respondents. The
Commission also determined that the
public interest factors enumerated in 19
U.S.C. 1337(d), (f), and (g) did not
preclude issuance of the aforementioned
remedial orders, and that the bond
during the Presidential review period
would be $13.60 per cartridge for
covered ink cartridges.
On December 13, 2010, two
respondents in the underlying
investigation, Ninestar Technology Co.,
Ltd. and Ninestar Technology Company,
Ltd. (‘‘Ninestar U.S.’’) (collectively,
‘‘Ninestar’’), filed a request with the
Commission asking for institution of an
advisory opinion proceeding and a
petition for modification of the general
exclusion order and a cease and desist
order directed to Ninestar U.S. to
indicate that certain design-around ink
cartridges are not covered by the
Commission’s orders. On February 3,
2011, Epson filed a petition for
modification of the general exclusion
order and the cease and a desist order
issued to Ninestar U.S. to indicate that
components of certain ink cartridges are
covered by the orders. Epson asked that
the requested proceedings be
consolidated along with the advisory
opinion proceeding requested by
Ninestar and assigned to an
administrative law judge (ALJ). On
March 18, 2011, the Commission
instituted the requested consolidated
advisory opinion and modification
proceedings.
On February 8, 2012, Epson and
Ninestar filed a joint motion asking the
Commission to terminate the advisory
opinion and modification proceedings
requested by Ninestar based upon a
settlement agreement reached by
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23752-23753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9590]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-489 and 731-TA-1201 (Preliminary)]
Drawn Stainless Steel Sinks From China
Determinations
On the basis of the record \1\ developed in the subject
investigations, the United States International Trade Commission
(Commission) determines, pursuant to sections 703(a) and 733(a) of the
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that
there is a reasonable indication that an industry in the United States
is materially injured by reason of imports from China of drawn
stainless sinks, provided for in subheading 7324.10.00 of the
Harmonized Tariff Schedule of the United States, that are alleged to be
sold in the United States at less than fair value (LTFV) and subsidized
by the Government of China.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
Pursuant to section 207.18 of the Commission's rules, the
Commission also gives notice of the commencement of the final phase of
its investigations. The Commission will issue a final phase notice of
scheduling, which will be published in the Federal Register as provided
in section 207.21 of the Commission's rules, upon notice from the
Department of Commerce (Commerce) of affirmative preliminary
determinations in the investigations under sections 703(b) or 733(b) of
the Act, or, if the preliminary determinations are negative, upon
notice of affirmative final determinations in those investigations
under sections 705(a) or 735(a) of the Act. Parties that filed entries
of appearance in the preliminary phase of the investigations need not
enter a separate appearance for the final phase of the investigations.
Industrial users, and, if the merchandise under investigation is sold
at the retail level, representative consumer organizations have the
right to appear as parties in Commission antidumping and countervailing
duty investigations. The Secretary will prepare a public service list
containing the names and addresses
[[Page 23753]]
of all persons, or their representatives, who are parties to the
investigations.
Background
On March 1, 2012, a petition was filed with the Commission and
Commerce by Elkay Manufacturing Company, Oak Brook, IL, alleging that
an industry in the United States is materially injured or threatened
with material injury by reason of LTFV imports of drawn stainless sinks
and subsidized imports of drawn stainless sinks from China.
Accordingly, effective March 1, 2012, the Commission instituted
countervailing duty investigation No. 701-TA-489 and antidumping duty
investigation No. 731-TA-1201 (Preliminary).
Notice of the institution of the Commission's investigations and of
a public conference to be held in connection therewith was given by
posting copies of the notice in the Office of the Secretary, U.S.
International Trade Commission, Washington, DC, and by publishing the
notice in the Federal Register of March 7, 2012 (77 FR 13631). The
conference was held in Washington, DC, on March 22, 2012, and all
persons who requested the opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its determinations in these
investigations to the Secretary of Commerce on April 16, 2012. The
views of the Commission are contained in USITC Publication 4317 (April
2012), entitled Drawn Stainless Steel Sinks from China: Investigation
Nos. 701-TA-489 and 731-TA-1201 (Preliminary).
By order of the Commission.
Issued: April 17, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9590 Filed 4-19-12; 8:45 am]
BILLING CODE 7020-02-P
