Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, China, and The United Arab Emirates, 43509-43510 [2014-17511]

Download as PDF Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices patent invalid and found that no domestic industry exists. On April 4, 2014, Realtek filed a petition for review, and on April 7, 2014, Respondents filed a contingent petition for review. The parties timely responded to each other’s petitions for review. On May 22, 2014, the Commission determined to review the ID in part. The Commission sought briefing on seventeen questions and on the issues of remedy, public interest and bonding. On June 5, 2014, the parties filed their initial briefs on review and on June 16, 2014, the parties filed their responsive briefs. Having considered the record and the parties’ submissions, the Commission finds that no violation of section 337 has occurred. Specifically, the Commission affirms in part, reverses in part, and vacates in part to find that (1) all of the accused products infringe claims 1–3, and 6–10 of the ’928 patent; (2) the FireWire chips also infringe claims 4–5; (3) the MS410B and MS410B2 chips anticipate claims 1–3 and 6–9; (4) the MS410B and MS410B2 chips do not anticipate claim 10; (5) the Ker application does not anticipate claims 1–10; (6) claims 4–5 are obvious in view of the MS410B and MS410B2 chips and the Ker application; and (7) a domestic industry does not exist. 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR Part 210). Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the antidumping duty orders on polyethylene terephthalate film, sheet, and strip from Brazil, China, and the United Arab Emirates would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B).1 For further information concerning the conduct of these reviews 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: July 21, 2014. FOR FURTHER INFORMATION CONTACT: Michael Haberstroh (202–205–3390), 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 (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: By order of the Commission. Issued: July 21, 2014. Lisa R. Barton, Secretary to the Commission. Background On January 23, 2014, the Commission determined full reviews pursuant to section 751(c)(5) of the Act should proceed (79 FR 9276, February 18, 2014). A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements are available from the Office of the Secretary and at the Commission’s Web site. [FR Doc. 2014–17510 Filed 7–24–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1131–1132, and 1134 (Review)] emcdonald on DSK67QTVN1PROD with NOTICES Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, China, and The United Arab Emirates Scheduling of full five-year reviews. United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the SUMMARY: VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 Participation in the Reviews and Public Service List Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews 1 In addition, the Commission has the authority to toll statutory deadlines during a period when the government is closed. Because the Commission was closed on December 10, 2013, and on January 21, February 13, March 3, and March 17, 2014 due to inclement weather in Washington, DC, the statutory deadline may be tolled by up to five days. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 43509 as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission’s notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Limited Disclosure of Business Proprietary Information (BPI) Under an Administrative Protective Order (APO) and BPI Service List Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission’s notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff Report The prehearing staff report in the reviews will be placed in the nonpublic record on Friday, October 24, 2014, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing The Commission will hold a hearing in connection with the reviews beginning at 9:30 a.m. on Tuesday, November 18, 2014, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Friday, November 7, 2014. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on Monday, November 10, 2014, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections E:\FR\FM\25JYN1.SGM 25JYN1 43510 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices document for filing without a certificate of service. emcdonald on DSK67QTVN1PROD with NOTICES 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. 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. Written Submissions Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is Wednesday, November 5, 2014. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is Friday, November 28, 2014. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before Friday, November 28, 2014. On Friday, December 12, 2014, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before Monday, December 15, 2014, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http:// edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (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 VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 By order of the Commission. Issued: July 21, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–17511 Filed 7–24–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof, DN 3023; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing under section 210.8(b) of the Commission’s Rules of Practice and Procedure (19 CFR § 210.8(b)). FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at EDIS,1 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 at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be SUMMARY: 1 Electronic Document Information System (EDIS): http://edis.usitc.gov. 2 United States International Trade Commission (USITC): http://edis.usitc.gov. 3 Electronic Document Information System (EDIS): http://edis.usitc.gov. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Johnson Outdoors Inc. and Johnson Outdoors Marine Electronics, Inc. on July 18, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 (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 marine sonar imaging systems, products containing the same, and components thereof. The complaint names as respondents Garmin International, Inc. of Olathe, KS; Garmin North America, Inc. of Olathe, KS; Garmin USA, Inc. of Olathe, KS; and Garmin Corporation of Taiwan. The complainant requests that the Commission issue a limited exclusion order and cease and desist orders. Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant 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 requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial 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 requested exclusion order and/or a cease and desist order within a commercially reasonable time; and E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43509-43510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17511]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1131-1132, and 1134 (Review)]


Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, 
China, and The United Arab Emirates

    Scheduling of full five-year reviews.

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the scheduling of full 
reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the 
antidumping duty orders on polyethylene terephthalate film, sheet, and 
strip from Brazil, China, and the United Arab Emirates would be likely 
to lead to continuation or recurrence of material injury within a 
reasonably foreseeable time. The Commission has determined to exercise 
its authority to extend the review period by up to 90 days pursuant to 
19 U.S.C. 1675(c)(5)(B).\1\ For further information concerning the 
conduct of these reviews 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).
---------------------------------------------------------------------------

    \1\ In addition, the Commission has the authority to toll 
statutory deadlines during a period when the government is closed. 
Because the Commission was closed on December 10, 2013, and on 
January 21, February 13, March 3, and March 17, 2014 due to 
inclement weather in Washington, DC, the statutory deadline may be 
tolled by up to five days.

---------------------------------------------------------------------------
DATES:  Effective Date: July 21, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Haberstroh (202-205-3390), 
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 (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 January 23, 2014, the Commission determined full reviews 
pursuant to section 751(c)(5) of the Act should proceed (79 FR 9276, 
February 18, 2014). A record of the Commissioners' votes, the 
Commission's statement on adequacy, and any individual Commissioner's 
statements are available from the Office of the Secretary and at the 
Commission's Web site.

Participation in the Reviews and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in these reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11 of the Commission's rules, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
reviews need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and BPI Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in these reviews available to 
authorized applicants under the APO issued in the reviews, provided 
that the application is made by 45 days after publication of this 
notice. Authorized applicants must represent interested parties, as 
defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party 
granted access to BPI following publication of the Commission's notice 
of institution of the reviews need not reapply for such access. A 
separate service list will be maintained by the Secretary for those 
parties authorized to receive BPI under the APO.

Staff Report

    The prehearing staff report in the reviews will be placed in the 
nonpublic record on Friday, October 24, 2014, and a public version will 
be issued thereafter, pursuant to section 207.64 of the Commission's 
rules.

Hearing

    The Commission will hold a hearing in connection with the reviews 
beginning at 9:30 a.m. on Tuesday, November 18, 2014, at the U.S. 
International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before Friday, November 7, 2014. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on Monday, 
November 10, 2014, at the U.S. International Trade Commission Building. 
Oral testimony and written materials to be submitted at the public 
hearing are governed by sections

[[Page 43510]]

201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.

Written Submissions

    Each party to the reviews may submit a prehearing brief to the 
Commission. Prehearing briefs must conform with the provisions of 
section 207.65 of the Commission's rules; the deadline for filing is 
Wednesday, November 5, 2014. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
section 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of section 207.67 of the Commission's 
rules. The deadline for filing posthearing briefs is Friday, November 
28, 2014. In addition, any person who has not entered an appearance as 
a party to the reviews may submit a written statement of information 
pertinent to the subject of the reviews on or before Friday, November 
28, 2014. On Friday, December 12, 2014, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before Monday, December 15, 2014, but such final 
comments must not contain new factual information and must otherwise 
comply with section 207.68 of the Commission's rules. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of sections 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's Handbook on E-Filing, available on 
the Commission's Web site at http://edis.usitc.gov, elaborates upon the 
Commission's rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the reviews must be served on 
all other parties to the reviews (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: 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 21, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-17511 Filed 7-24-14; 8:45 am]
BILLING CODE 7020-02-P