Enforcement Proceeding; Certain Two-Way Global Satellite Communication Devices, System and Components Thereof; Notice of Institution of Formal Enforcement Proceeding, 31576-31577 [2013-12373]

Download as PDF 31576 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). Issued: May 20, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–12372 Filed 5–23–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1110 (Review)] Sodium Hexametaphosphate From China; Scheduling of an Expedited Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on sodium hexametaphosphate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: Effective Date: May 7, 2013. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. VerDate Mar<15>2010 21:14 May 23, 2013 Jkt 229001 Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On May 7, 2013, the Commission determined that the domestic interested party group response to its notice of institution (78 FR 7452, February 1, 2013) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any circumstances that would warrant conducting a full review.1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Act. Staff report.—A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on May 31, 2013, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before June 5, 2013 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. 2 The Commission has found the joint response submitted by ICL Performance Products LP and Innophos, Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 pertinent to the review by June 5, 2013. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please be aware that the Commission’s rules with respect to electronic filing have been amended. The amendments took effect on November 7, 2011. See 76 Fed. Reg. 61937 (Oct. 6, 2011) and the newly revised Commission’s Handbook on E-Filing, available on the Commission’s Web site at http://edis.usitc.gov. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: May 20, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–12342 Filed 5–23–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–854] Enforcement Proceeding; Certain TwoWay Global Satellite Communication Devices, System and Components Thereof; Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the April 5, 2013, consent order issued in the above-captioned investigation. 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) SUMMARY: E:\FR\FM\24MYN1.SGM 24MYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the original investigation on September 21, 2012, based on a complaint filed on behalf of BriarTek IP, Inc. (‘‘BriarTek’’) of Alexandria, Virginia. 77 FR 58579–80. The 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 two-way global satellite communication devices, system and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,991,380 (‘‘the ’380 patent’’). The complaint further alleged the existence of a domestic industry. The Commission’s notice of investigation named as respondents Yellowbrick Tracking, Ltd. (‘‘Yellowbrick’’) of Essex, United Kingdom; DeLorme Publishing Company, Inc.; and DeLorme InReach LLC (collectively, ‘‘DeLorme’’), both of Yarmouth, Maine. On December 7, 2012, Yellowbrick was terminated from the investigation based on a settlement agreement. On April 5, 2013, the Commission issued notice of its determination not to review the presiding administrative law judge’s initial determination granting DeLorme’s motion to terminate the investigation based on a consent order stipulation and issued a consent order. The consent order prohibits the importing or selling for importation in the United States, or selling or offering for sale within the United States after importation any two-way global satellite communication devices, system, and components thereof that infringe one or more of claims 1, 2, 5, 10–12, and 34 of the ’380 patent. On April 10, 2013, BriarTek filed a complaint for enforcement proceedings under Commission Rule 210.75. VerDate Mar<15>2010 21:14 May 23, 2013 Jkt 229001 BriarTek asserts that DeLorme has violated the consent order by the continued practice of prohibited activities such as selling or offering for sale within the United States after importation two-way global satellite communication devices, systems, or components thereof that infringe one or more of the asserted claims of the ’380 patent. Having examined the complaint seeking a formal enforcement proceeding, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, the Commission has determined to institute formal enforcement proceedings to determine whether DeLorme is in violation of the April 5, 2013 consent order issued in the investigation, and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) BriarTek, (2) respondent DeLorme, and (3) the Office of Unfair Import Investigations. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). Issued: May 20, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. 31577 7210.90 and 7212.50 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).2 Commencement of Final Phase Investigation Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigation. 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 an affirmative preliminary determination in the investigation under section 733(b) of the Act, or, if the preliminary determination is negative, upon notice of an affirmative final determination in that investigation under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigation need not enter a separate appearance for the final phase of the investigation. 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 of all persons, or their representatives, who are parties to the investigation. [FR Doc. 2013–12373 Filed 5–23–13; 8:45 am] Background BILLING CODE 7020–02–P On March 27, 2013, a petition was filed with the Commission and Commerce by Thomas Steel Strip Corporation, Warren, Ohio, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of diffusion-annealed, nickelplated flat-rolled steel products from Japan. Accordingly, effective March 27, 2013, the Commission instituted antidumping duty investigation No. 731–TA–1206 (Preliminary). Notice of the institution of the Commission’s investigation 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 April 2, 2013 (78 FR 19734). The conference was held in Washington, DC, on April 17, 2013, and all persons who requested the INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1206 (Preliminary)] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (Commission) determines, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 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 Japan of diffusion-annealed, nickel-plated flat-rolled steel products, provided for primarily in subheadings 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 2 Commissioner E:\FR\FM\24MYN1.SGM 24MYN1 Daniel R. Pearson dissenting.

Agencies

[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31576-31577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12373]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-854]


Enforcement Proceeding; Certain Two-Way Global Satellite 
Communication Devices, System and Components Thereof; Notice of 
Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the April 5, 2013, consent order issued in the above-captioned 
investigation.

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)

[[Page 31577]]

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 http://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the original 
investigation on September 21, 2012, based on a complaint filed on 
behalf of BriarTek IP, Inc. (``BriarTek'') of Alexandria, Virginia. 77 
FR 58579-80. The 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 two-way global satellite 
communication devices, system and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,991,380 (``the '380 
patent''). The complaint further alleged the existence of a domestic 
industry. The Commission's notice of investigation named as respondents 
Yellowbrick Tracking, Ltd. (``Yellowbrick'') of Essex, United Kingdom; 
DeLorme Publishing Company, Inc.; and DeLorme InReach LLC 
(collectively, ``DeLorme''), both of Yarmouth, Maine. On December 7, 
2012, Yellowbrick was terminated from the investigation based on a 
settlement agreement.
    On April 5, 2013, the Commission issued notice of its determination 
not to review the presiding administrative law judge's initial 
determination granting DeLorme's motion to terminate the investigation 
based on a consent order stipulation and issued a consent order. The 
consent order prohibits the importing or selling for importation in the 
United States, or selling or offering for sale within the United States 
after importation any two-way global satellite communication devices, 
system, and components thereof that infringe one or more of claims 1, 
2, 5, 10-12, and 34 of the '380 patent.
    On April 10, 2013, BriarTek filed a complaint for enforcement 
proceedings under Commission Rule 210.75. BriarTek asserts that DeLorme 
has violated the consent order by the continued practice of prohibited 
activities such as selling or offering for sale within the United 
States after importation two-way global satellite communication 
devices, systems, or components thereof that infringe one or more of 
the asserted claims of the '380 patent.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, the Commission has determined to 
institute formal enforcement proceedings to determine whether DeLorme 
is in violation of the April 5, 2013 consent order issued in the 
investigation, and what, if any, enforcement measures are appropriate. 
The following entities are named as parties to the formal enforcement 
proceeding: (1) BriarTek, (2) respondent DeLorme, and (3) the Office of 
Unfair Import Investigations.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

     Issued: May 20, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-12373 Filed 5-23-13; 8:45 am]
BILLING CODE 7020-02-P