Fresh Tomatoes From Mexico; Suspension of Anti-Dumping Investigation, 54639-54640 [2019-22214]

Download as PDF Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices individual were recovered from the White Farm in southwest AR. The individual is an adult male of indeterminate sex. No associated funerary objects are present. Diagnostic artifacts found in southwest Arkansas indicate that these human remains were probably buried sometime during the Prehistoric Period (11,650 B.C.–A.D. 1541). This notice includes a variety of terms commonly used in discussions of Arkansas archeology and the historical trajectories that gave rise to specific Native American communities identified in the historical record. Based on the archeological context for these sites and current expert opinion, the earlier groups who occupied the sites listed in this notice are culturally affiliated with the Caddo Nation of Oklahoma. Determinations Made by the Arkansas Archeological Survey Officials of the Arkansas Archeological Survey have determined that: • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 52 individuals of Native American ancestry. • Pursuant to 25 U.S.C. 3001(3)(A), the 112 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony. • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Caddo Nation of Oklahoma. Additional Requestors and Disposition Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Dr. George Sabo, Arkansas Archeological Survey, 2475 N Hatch Avenue, Fayetteville, AR 72704, telephone (479) 575–3556, email gsabo@ uark.edu, by November 12, 2019. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Caddo Nation of Oklahoma may proceed. The Arkansas Archeological Survey is responsible for notifying the Caddo Nation of Oklahoma that this notice has been published. VerDate Sep<11>2014 19:50 Oct 09, 2019 Jkt 250001 Dated: September 13, 2019. Melanie O’Brien, Manager, National NAGPRA Program. [FR Doc. 2019–22169 Filed 10–9–19; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–747 (Final)] Fresh Tomatoes From Mexico; Suspension of Anti-Dumping Investigation United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that the final phase of its antidumping investigation of fresh tomatoes from Mexico is suspended. The subject investigation was resumed on May 7, 2019, to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of fresh tomatoes from Mexico preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be sold at less than fair value (‘‘LTFV’’) (84 FR 27805, June 14, 2019). On September 24, 2019, Commerce published notice in the Federal Register of the suspension of its antidumping investigation on fresh tomatoes from Mexico (84 FR 49987). The basis for the suspension is an agreement between Commerce and representatives of Mexican producers/exporters accounting for substantially all fresh tomatoes imported from Mexico into the United States. DATES: September 24, 2019. FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson (202–205– 2542), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. 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 (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. SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 54639 On April 1, 1996, the Commission instituted a preliminary antidumping investigation in response to a petition filed by the Florida Tomato Growers Exchange, Orlando, FL; Florida Fruit and Vegetable Association, Orlando, FL; Florida Farm Bureau Federation, Gainesville, FL; South Carolina Tomato Association, Inc., Charleston, SC; Gadsden County Tomato Growers Association, Inc., Quincy, FL; Accomack County Farm Bureau, Accomack, VA; Florida Tomato Exchange, Orlando, FL; Bob Crawford, Commissioner of Agriculture, Florida Department of Agriculture and Consumer Services, Tallahassee, FL; and the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South Carolina, Tennessee, and Virginia Tomato Growers (61 FR 15968, April 10, 1996). On May 16, 1996, the Commission notified Commerce of its affirmative preliminary injury determination (61 FR 28891, June 6, 1996). On October 28, 1996, Commerce preliminarily determined that imports of fresh tomatoes from Mexico were being sold at LTFV in the United States (61 FR 56608, November 1, 1996). Also on October 28, 1996, Commerce and certain growers/exporters of fresh tomatoes from Mexico signed a final suspension agreement (61 FR 56618, November 1, 1996). Accordingly, effective November 1, 1996, the Commission suspended its antidumping investigation (61 FR 58217, November 13, 1996). On October 1, 2001, Commerce initiated and the Commission instituted their first five-year reviews to determine whether termination of the suspended investigation on fresh tomatoes from Mexico would likely lead to a continuation or recurrence of material injury (66 FR 49926, 66 FR 49975). On July 30, 2002, Commerce terminated the suspension agreement and its first review and resumed its antidumping investigation (67 FR 50858, August 6, 2002). Accordingly, the Commission terminated its first review on July 30, 2002 (67 FR 53361, August 15, 2002) and resumed its antidumping investigation (67 FR 56854, September 5, 2002). On December 16, 2002, Commerce and the Commission suspended their resumed antidumping investigations when Commerce signed a new suspension agreement with certain growers/exporters of fresh tomatoes from Mexico (67 FR 77044; 67 FR 78815, December 26, 2002). On November 1, 2007, Commerce initiated and the Commission instituted their second five-year reviews of the suspended investigation (72 FR 61861, SUPPLEMENTARY INFORMATION: E:\FR\FM\10OCN1.SGM 10OCN1 54640 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices 72 FR 61905). Commerce terminated the suspension agreement and its second review and resumed its antidumping investigation, effective January 18, 2008 (73 FR 2887, January 16, 2008). The Commission consequently terminated its second review of the suspended investigation and resumed its antidumping investigation, effective January 18, 2008 (73 FR 5869, January 31, 2008). The antidumping investigation was suspended effective January 22, 2008, when Commerce signed a new suspension agreement with certain growers/exporters of fresh tomatoes from Mexico (73 FR 4831, January 28, 2008; 73 FR 7762, February 11, 2008). On December 3, 2012, Commerce initiated and the Commission instituted their third five-year reviews of the suspended investigation (77 FR 71684, 77 FR 71629). On March 1, 2013, Commerce terminated the suspension agreement and its third review and resumed its antidumping investigation (78 FR 14771, March 7, 2013). On March 4, 2013, the Commission terminated its third review and resumed its antidumping investigation (78 FR 16529, March 15, 2013). Also on March 4, 2013, Commerce signed a new suspension agreement with certain grower/exporters of fresh tomatoes from Mexico and suspended its antidumping investigation (78 FR 14967, March 8, 2013). Effective March 4, 2013, the Commission suspended its antidumping investigation (78 FR 16529, March 15, 2013). On February 1, 2018, Commerce initiated and the Commission instituted their fourth five-year reviews of the suspended investigation (83 FR 4641, 83 FR 4676). On May 7, 2019, Commerce terminated the suspension agreement and resumed its antidumping investigation (84 FR 20858, May 13, 2019). Effective May 7, 2019, the Commission terminated its fourth review (84 FR 21360, May 14, 2019) and resumed its antidumping investigation (84 FR 27805, June 14, 2019). On September 24, 2019, Commerce published notice in the Federal Register suspending its antidumping investigation on the basis of an agreement between Commerce and signatory producers/exporters accounting for substantially all imports of fresh tomatoes from Mexico that eliminates completely the injurious effects of exports of the subject merchandise to the United States (84 FR 49987). Accordingly, the Commission now provides notice of the suspension of its antidumping investigation. VerDate Sep<11>2014 19:50 Oct 09, 2019 Jkt 250001 Authority: This investigation is being suspended under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(b) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(b)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: October 7, 2019. Jessica Mullan, Attorney Advisor. [FR Doc. 2019–22214 Filed 10–9–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1111] Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm the conclusion of the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) that no violation of section 337 has occurred. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. 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 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 this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On May 4, 2018, the Commission instituted this investigation based on a complaint and supplements thereto filed on behalf of Gamevice, Inc. of Simi Valley, SUMMARY: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 California (‘‘Gamevice’’). 83 FR 19821 (May 4, 2018). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘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 portable gaming console systems with attachable handheld controllers and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 9,855,498 (‘‘the ’498 patent’’) and 9,808,713 (‘‘the ’713 patent’’). The Commission’s notice of investigation named Nintendo Co., Ltd., of Kyoto, Japan and Nintendo of America, Inc., of Redmond, Washington as respondents (collectively, ‘‘Nintendo’’). Id. The Office of Unfair Import Investigations was not named as a party in this investigation. Id. On February 14, 2019, the ALJ issued an ID in this investigation, finding no violation of section 337 by Nintendo. Specifically, the ID grants a motion for summary determination that Nintendo does not infringe claims 1, 10, 16, and 17 of the ’713 patent and claims 1 and 16 of the ’498 patent, that claim 10 of the ’713 patent is invalid, and that the technical prong of the domestic industry has not been met for claim 10 of the ’713 patent. Order No. 21 was predicated upon the ALJ’s earlier issued Markman order, Order No. 20, setting forth claim constructions of disputed terms, including ‘‘retention member,’’ ‘‘pair of modules,’’ and ‘‘fastening mechanism[s].’’ Gamevice petitioned for review of Order No. 21. Nintendo contingently petitioned for review of the claim term ‘‘retention member’’ and additional claim constructions not at issue in Order No. 21. The parties responded to the respective petitions. On April 25, 2019, the Commission determined to review Order No. 21 in the entirety. The Commission also determined to review the three claim constructions, discussed in Order No. 20, on which Order No. 21 is based. Notice, Commission Determination to Review Order No. 21 in its Entirety; Request for Briefing (April 25, 2019). The Commission also asked the parties to brief two issues on review. Id. On May 6, 2019, the parties submitted their opening response to the Commission’s notice of review. On May 13, 2019, the parties submitted their responsive submissions. After considering Order Nos. 20 and 21, the parties’ written submissions, and the record in this investigation, the Commission has determined that the terms ‘‘fastening mechanism[s],’’ ‘‘a pair of modules,’’ and ‘‘retention member’’ are subject to means-plus-function E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54639-54640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22214]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Final)]


Fresh Tomatoes From Mexico; Suspension of Anti-Dumping 
Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that the final phase of its 
antidumping investigation of fresh tomatoes from Mexico is suspended. 
The subject investigation was resumed on May 7, 2019, to determine 
whether an industry in the United States is materially injured or 
threatened with material injury, or the establishment of an industry in 
the United States is materially retarded, by reason of imports of fresh 
tomatoes from Mexico preliminarily determined by the Department of 
Commerce (``Commerce'') to be sold at less than fair value (``LTFV'') 
(84 FR 27805, June 14, 2019). On September 24, 2019, Commerce published 
notice in the Federal Register of the suspension of its antidumping 
investigation on fresh tomatoes from Mexico (84 FR 49987). The basis 
for the suspension is an agreement between Commerce and representatives 
of Mexican producers/exporters accounting for substantially all fresh 
tomatoes imported from Mexico into the United States.

DATES: September 24, 2019.

FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson (202-205-
2542), Office of Investigations, U.S. International Trade Commission, 
500 E Street SW, Washington, DC 20436. 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 (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.

SUPPLEMENTARY INFORMATION: On April 1, 1996, the Commission instituted 
a preliminary antidumping investigation in response to a petition filed 
by the Florida Tomato Growers Exchange, Orlando, FL; Florida Fruit and 
Vegetable Association, Orlando, FL; Florida Farm Bureau Federation, 
Gainesville, FL; South Carolina Tomato Association, Inc., Charleston, 
SC; Gadsden County Tomato Growers Association, Inc., Quincy, FL; 
Accomack County Farm Bureau, Accomack, VA; Florida Tomato Exchange, 
Orlando, FL; Bob Crawford, Commissioner of Agriculture, Florida 
Department of Agriculture and Consumer Services, Tallahassee, FL; and 
the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South 
Carolina, Tennessee, and Virginia Tomato Growers (61 FR 15968, April 
10, 1996). On May 16, 1996, the Commission notified Commerce of its 
affirmative preliminary injury determination (61 FR 28891, June 6, 
1996). On October 28, 1996, Commerce preliminarily determined that 
imports of fresh tomatoes from Mexico were being sold at LTFV in the 
United States (61 FR 56608, November 1, 1996). Also on October 28, 
1996, Commerce and certain growers/exporters of fresh tomatoes from 
Mexico signed a final suspension agreement (61 FR 56618, November 1, 
1996). Accordingly, effective November 1, 1996, the Commission 
suspended its antidumping investigation (61 FR 58217, November 13, 
1996).
    On October 1, 2001, Commerce initiated and the Commission 
instituted their first five-year reviews to determine whether 
termination of the suspended investigation on fresh tomatoes from 
Mexico would likely lead to a continuation or recurrence of material 
injury (66 FR 49926, 66 FR 49975). On July 30, 2002, Commerce 
terminated the suspension agreement and its first review and resumed 
its antidumping investigation (67 FR 50858, August 6, 2002). 
Accordingly, the Commission terminated its first review on July 30, 
2002 (67 FR 53361, August 15, 2002) and resumed its antidumping 
investigation (67 FR 56854, September 5, 2002). On December 16, 2002, 
Commerce and the Commission suspended their resumed antidumping 
investigations when Commerce signed a new suspension agreement with 
certain growers/exporters of fresh tomatoes from Mexico (67 FR 77044; 
67 FR 78815, December 26, 2002).
    On November 1, 2007, Commerce initiated and the Commission 
instituted their second five-year reviews of the suspended 
investigation (72 FR 61861,

[[Page 54640]]

72 FR 61905). Commerce terminated the suspension agreement and its 
second review and resumed its antidumping investigation, effective 
January 18, 2008 (73 FR 2887, January 16, 2008). The Commission 
consequently terminated its second review of the suspended 
investigation and resumed its antidumping investigation, effective 
January 18, 2008 (73 FR 5869, January 31, 2008). The antidumping 
investigation was suspended effective January 22, 2008, when Commerce 
signed a new suspension agreement with certain growers/exporters of 
fresh tomatoes from Mexico (73 FR 4831, January 28, 2008; 73 FR 7762, 
February 11, 2008).
    On December 3, 2012, Commerce initiated and the Commission 
instituted their third five-year reviews of the suspended investigation 
(77 FR 71684, 77 FR 71629). On March 1, 2013, Commerce terminated the 
suspension agreement and its third review and resumed its antidumping 
investigation (78 FR 14771, March 7, 2013). On March 4, 2013, the 
Commission terminated its third review and resumed its antidumping 
investigation (78 FR 16529, March 15, 2013). Also on March 4, 2013, 
Commerce signed a new suspension agreement with certain grower/
exporters of fresh tomatoes from Mexico and suspended its antidumping 
investigation (78 FR 14967, March 8, 2013). Effective March 4, 2013, 
the Commission suspended its antidumping investigation (78 FR 16529, 
March 15, 2013).
    On February 1, 2018, Commerce initiated and the Commission 
instituted their fourth five-year reviews of the suspended 
investigation (83 FR 4641, 83 FR 4676). On May 7, 2019, Commerce 
terminated the suspension agreement and resumed its antidumping 
investigation (84 FR 20858, May 13, 2019). Effective May 7, 2019, the 
Commission terminated its fourth review (84 FR 21360, May 14, 2019) and 
resumed its antidumping investigation (84 FR 27805, June 14, 2019). On 
September 24, 2019, Commerce published notice in the Federal Register 
suspending its antidumping investigation on the basis of an agreement 
between Commerce and signatory producers/exporters accounting for 
substantially all imports of fresh tomatoes from Mexico that eliminates 
completely the injurious effects of exports of the subject merchandise 
to the United States (84 FR 49987). Accordingly, the Commission now 
provides notice of the suspension of its antidumping investigation.

    Authority:  This investigation is being suspended under 
authority of title VII of the Tariff Act of 1930 and pursuant to 
section 207.40(b) of the Commission's Rules of Practice and 
Procedure (19 CFR 207.40(b)). This notice is published pursuant to 
section 201.10 of the Commission's rules (19 CFR 201.10).

    By order of the Commission.

    Issued: October 7, 2019.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2019-22214 Filed 10-9-19; 8:45 am]
BILLING CODE 7020-02-P