Certain TV Programs, Literary Works for TV Production and Episode Guides Pertaining to Same; Institution of Investigation Pursuant to 19 U.S.C. 1337, 42106-42107 [2013-16885]
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DATES:
Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices
Effective Date: July 5, 2013.
INTERNATIONAL TRADE
COMMISSION
FOR FURTHER INFORMATION CONTACT:
Michael Szustakowski (202–205–3169),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436.
Hearing-impaired 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 (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
On July 5,
2013, the Commission determined that
it should proceed to full reviews in the
subject five-year reviews pursuant to
section 751(c)(5) of the Act. The
Commission found the domestic
interested party group response to its
notice of institution (78 F.R. 19524,
April 2, 2013) to be adequate and that
the respondent interested party group
response with respect to Taiwan was
adequate and decided to conduct a full
review with respect to the antidumping
duty order concerning PET film from
Taiwan. The Commission found that the
respondent interested party group
response with respect to the reviews on
the orders on PET film from India was
inadequate. However, the Commission
determined to conduct full reviews
concerning the antidumping and
countervailing duty orders on PET film
from India to promote administrative
efficiency in light of its decision to
conduct a full review with respect to the
order on PET film from Taiwan. 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.
tkelley on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Authority: These reviews are 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: July 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–16869 Filed 7–12–13; 8:45 am]
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18:53 Jul 12, 2013
Jkt 229001
[Investigation No. 337–TA–886]
Certain TV Programs, Literary Works
for TV Production and Episode Guides
Pertaining to Same; Institution of
Investigation Pursuant to 19 U.S.C.
1337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on June
7, 2013, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of E.T. Radcliffe, LLC of
Dallas, Texas and Emir Tiar of Coto De
Caza, California. Supplements to the
Complaint were filed June 25, 2013 and
June 27, 2013. The complaint alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain TV programs, literary works for
TV production and episode guides
pertaining to same by reason of
infringement of U.S. Copyright
PAU003415849 (‘‘the ’849 copyright’’);
U.S. Copyright TXU001832727 (‘‘the
’727 copyright’’); and U.S. Copyright
PAU003639268 (‘‘the ’268 copyright’’),
and that an industry in the United
States exists as required by subsection
(a)(2) of section 337. The complaint
further alleges violations of section 337
based upon the importation, the sale for
importation, and the sale within the
United States after importation of
certain TV programs, literary works for
TV production and episode guides
pertaining to same, by reason of unfair
methods of competition and unfair acts,
the threat or effect of which is to destroy
or substantially injure an industry in the
United States.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: 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
SUMMARY:
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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.
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
(2013).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
July 9, 2013, 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 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 TV programs, literary works for
TV production and episode guides
pertaining to same by reason of
infringement of the ’849 copyright; the
’727 copyright; and the ’268 copyright,
and whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(b) whether there is a violation of
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 TV programs, literary works for
TV production and episode guides
pertaining to same, by reason of unfair
methods of competition and unfair acts,
the threat or effect of which is to destroy
or substantially injure an industry in the
United States;
(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 complainants are:
E.T. Radcliffe, LLC, 1445 Ross Avenue,
Suite 2700, Dallas, TX 75202.
Emir Tiar, 31785 Via Coyote, Coto De
Caza, CA 92679.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
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Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices
The Walt Disney Company, 500 South
Buena Vista Street, Burbank, CA
91521.
Thunderbird Films, Inc., 10675 Santa
Monica Boulevard, Suite B, Los
Angeles, CA 90025.
Mindset Television, Inc., 708–1155
Pender Street, Vancouver, British
Columbia, V6E 2P4, Canada.
(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 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(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: July 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
tkelley on DSK3SPTVN1PROD with NOTICES
[FR Doc. 2013–16885 Filed 7–12–13; 8:45 am]
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Jkt 229001
[Investigation No. 337–TA–800]
Certain Wireless Devices With 3G
Capabilities and Components Thereof;
Notice of Request for Statements on
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the presiding administrative law judge
has issued a Recommended
Determination on Remedy and Bonding
in the above-captioned investigation.
The Commission is soliciting comments
on public interest issues raised by the
recommended relief, specifically a
limited exclusion order against certain
wireless devices with 3G capabilities
and components thereof imported by
respondents Huawei Technologies Co.,
Ltd. of Shenzhen, China; FutureWei
Technologies, Inc. d/b/a Huawei,
Technologies (USA) of Plano, Texas;
Huawei Device USA, Inc. of Plano,
Texas (‘‘Huawei Device’’); Nokia
Corporation of Espoo, Finland; Nokia
Inc. of White Plains, New York (‘‘Nokia
Inc.’’); ZTE Corporation of Shenzhen,
China; and ZTE (USA) Inc. of
Richardson, Texas, and cease and desist
orders against Huawei Device and Nokia
Inc. This notice is soliciting public
interest comments from the public only.
Parties are to file public interest
submissions pursuant to 19 CFR
210.50(a)(4).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3042. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and 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. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
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Section
337 of the Tariff Act of 1930 provides
that if the Commission finds a violation
it shall exclude the articles concerned
from the United States:
SUPPLEMENTARY INFORMATION:
INTERNATIONAL TRADE
COMMISSION
PO 00000
42107
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
States economy, the production of like or
directly competitive articles in the United
States, and United States consumers, it finds
that such articles should not be excluded
from entry.
19 U.S.C. 1337(d)(1). A similar
provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is interested in
further development of the record on
the public interest in these
investigations. Accordingly, members of
the public are invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the administrative law judge’s
Recommended Determination on
Remedy and Bonding issued in this
investigation on March 1, 2013.
Comments should address whether
issuance of a limited exclusion order in
this investigation would affect the
public health and welfare in the United
States, competitive conditions in the
United States economy, the production
of like or directly competitive articles in
the United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
orders are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the recommended
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the limited exclusion
order would impact consumers in the
United States.
Written submissions must be filed no
later than by close of business on
August 7, 2013.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
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]]>Agencies
[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42106-42107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16885]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-886]
Certain TV Programs, Literary Works for TV Production and Episode
Guides Pertaining to Same; Institution of Investigation Pursuant to 19
U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 7, 2013, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
E.T. Radcliffe, LLC of Dallas, Texas and Emir Tiar of Coto De Caza,
California. Supplements to the Complaint were filed June 25, 2013 and
June 27, 2013. The complaint alleges violations of section 337 based
upon the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain TV
programs, literary works for TV production and episode guides
pertaining to same by reason of infringement of U.S. Copyright
PAU003415849 (``the '849 copyright''); U.S. Copyright TXU001832727
(``the '727 copyright''); and U.S. Copyright PAU003639268 (``the '268
copyright''), and that an industry in the United States exists as
required by subsection (a)(2) of section 337. The complaint further
alleges violations of section 337 based upon the importation, the sale
for importation, and the sale within the United States after
importation of certain TV programs, literary works for TV production
and episode guides pertaining to same, by reason of unfair methods of
competition and unfair acts, the threat or effect of which is to
destroy or substantially injure an industry in the United States.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: 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.
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 (2013).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 9, 2013, 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 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 TV programs, literary works for TV production and episode
guides pertaining to same by reason of infringement of the '849
copyright; the '727 copyright; and the '268 copyright, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(b) whether there is a violation of 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 TV programs, literary works for TV production and episode
guides pertaining to same, by reason of unfair methods of competition
and unfair acts, the threat or effect of which is to destroy or
substantially injure an industry in the United States;
(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 complainants are:
E.T. Radcliffe, LLC, 1445 Ross Avenue, Suite 2700, Dallas, TX 75202.
Emir Tiar, 31785 Via Coyote, Coto De Caza, CA 92679.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
[[Page 42107]]
The Walt Disney Company, 500 South Buena Vista Street, Burbank, CA
91521.
Thunderbird Films, Inc., 10675 Santa Monica Boulevard, Suite B, Los
Angeles, CA 90025.
Mindset Television, Inc., 708-1155 Pender Street, Vancouver, British
Columbia, V6E 2P4, Canada.
(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 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(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: July 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-16885 Filed 7-12-13; 8:45 am]
BILLING CODE 7020-02-P
