Fresh Tomatoes From Mexico; Scheduling of a Full Five-Year Review, 13626-13627 [2025-04998]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 13626 Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Notices related to the ’593 patent. That same day, Respondent BOE and the BLF Respondents filed a joint contingent petition for review. OUII did not file a petition for review. On December 9, 2024, Complainant, Respondents, and OUII each filed a response to the petitions. The Commission solicited submissions from the public on the public interest issues raised by the recommended determination. 89 FR 92721 (Nov. 22, 2024). The Commission received comments from Representative John Moolenaar, Chairman of the House Select Committee on China, and Dr. Robert D. Atkinson of the Information Technology & Innovation Foundation. On January 8, 2025, SDC filed a notice of supplemental authority to apprise the Commission of the Patent Trial and Appeal Board’s final written decisions in inter partes review proceedings on the ’578 patent and the ’803 patent. In the final written decisions, the Board found claim 21 of the ’803 patent unpatentable and all other asserted claims of the ’578 and ’803 patents at issue in this investigation had not been proven unpatentable. See Mianyang BOE Optoelectronics Tech. Co., Ltd. v. Samsung Display Co., Ltd., IPR2023– 00987, Final Written Decision (Jan. 6, 2025); Mianyang BOE Optoelectronics Tech. Co., Ltd. v. Samsung Display Co., Ltd., IPR2023–01075, Final Written Decision (Jan. 6, 2025). On January 16, 2025, the Commission determined to review the ID in part. Specifically, the Commission determined to review: (1) the ID’s findings that the Commission has statutory authority to investigate Complainant SDC’s alleged violation under section 337 and that Respondents waived their argument that SDC lacked the ability to bring this investigation under Commission Rule 210.12; (2) the ID’s findings related to the technical prong for the ’803 patent; and (3) the ID’s findings regarding the economic prong of the domestic industry requirement. 90 FR 8,034–036 (Jan. 23, 2024). The Commission determined not to review any other findings presented in the final ID, including the ID’s finding of no violation of section 337 with respect to the ’593 patent. The Commission requested briefing from the parties on certain issues under review and on remedy, the public interest, and bonding. The parties filed their opening written submissions on January 30, 2025, and their responsive written submissions on February 6, 2025. On review, the Commission has found no violation of section 337 with respect to claims 5 and 21 of the ’803 patent; claims 5, 10, 17, 40–41, and 47 of the VerDate Sep<11>2014 18:03 Mar 24, 2025 Jkt 265001 ’578 patent; and claims 2–3, 13, and 15– 16 of the ’599 patent. Specifically, the Commission has determined to affirm the ALJ’s finding that the Commission has statutory authority to investigate Complainant’s alleged violation under section 337. The Commission has also determined to affirm the ID’s finding that representative display panels in the asserted domestic industry products practice claim 21 of the ’803 patent. The Commission has further determined to affirm with modified reasoning the ID’s finding that Complainant failed to demonstrate the existence of a domestic industry under sections 337(a)(3)(A) and (B). Based on this dispositive finding, the Commission has determined to take no position on whether the asserted domestic industry products also practice claim 5 of the ’803 patent and whether Respondents forfeited their argument that Complainant is not the owner of the Asserted Patents under Commission Rule 210.12(a)(7). Accordingly, the investigation is terminated with a finding of no violation. The Commission’s reasoning in support of its determinations is set forth more fully in its opinion issued concurrently herewith. The Commission vote for this determination took place on March 19, 2025. 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). By order of the Commission. Issued: March 19, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–04982 Filed 3–24–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–747 (Fifth Review)] Fresh Tomatoes From Mexico; Scheduling of a Full Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether termination of the suspended investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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. DATES: March 18, 2025. FOR FURTHER INFORMATION CONTACT: Jesse Sanchez (202–205–2402), Office of Investigations, U.S. International Trade 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 (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On November 4, 2024, the Commission determined that responses to its notice of institution of the subject five-year review were such that a full review should proceed (89 FR 96681, December 5, 2024); accordingly, a full review is being scheduled pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). 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 website. Participation in the review 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 this review 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 review 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. 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 and B (19 CFR part 201), and part 207, E:\FR\FM\25MRN1.SGM 25MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Notices subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. 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 this review available to authorized applicants under the APO issued in the review, 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 review. A party granted access to BPI following publication of the Commission’s notice of institution of the review 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 review will be placed in the nonpublic record on July 29, 2025, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.—The Commission will hold an in-person hearing in connection with the review beginning at 9:30 a.m. on August 14, 2025. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before 5:15 p.m. on August 8, 2025. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the review, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. 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 VerDate Sep<11>2014 18:03 Mar 24, 2025 Jkt 265001 presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on August 12, 2025. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than noon on August 13, 2025. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 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 review 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 5:15 p.m. on August 7, 2025. Parties shall also file written testimony in connection with their presentation at the hearing, 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 5:15 p.m. on August 26, 2025. In addition, any person who has not entered an appearance as a party to the review may submit a written statement of information pertinent to the subject of the review on or before 5:15 p.m. on August 26, 2025. On September 24, 2025, 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 5:15 p.m. on September 26, 2025, 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 Filing Procedures’’, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. 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. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 13627 In accordance with sections 201.16(c) and 207.3 of the Commission’s 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. The Commission has determined that this review is extraordinarily complicated and therefore 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). 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: March 20, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–04998 Filed 3–24–25; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1117–0012] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Previously Approved Collection; Application for Registration—DEA Form 225, Application for Registration Renewal—DEA Form 225a, Affidavit for Chain Renewal—DEA Form 225b Drug Enforcement Administration, Department of Justice. ACTION: 60-Day notice. AGENCY: The Drug Enforcement Administration (DEA), Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until May 27, 2025. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Heather E. Achbach, Regulatory Drafting and Policy Support Section, Drug SUMMARY: E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13626-13627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04998]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Fifth Review)]


Fresh Tomatoes From Mexico; Scheduling of a Full Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the scheduling of a full 
review pursuant to the Tariff Act of 1930 (``the Act'') to determine 
whether termination of the suspended investigation on fresh tomatoes 
from Mexico 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.

DATES: March 18, 2025.

FOR FURTHER INFORMATION CONTACT: Jesse Sanchez (202-205-2402), 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 this 
review may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On November 4, 2024, the Commission determined that 
responses to its notice of institution of the subject five-year review 
were such that a full review should proceed (89 FR 96681, December 5, 
2024); accordingly, a full review is being scheduled pursuant to 
section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). 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 website.
    Participation in the review 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 this review 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 
review 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.
    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 and B (19 CFR part 201), 
and part 207,

[[Page 13627]]

subparts A, D, E, and F (19 CFR part 207).
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    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 this review available to authorized 
applicants under the APO issued in the review, 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 review. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the review 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 review will be 
placed in the nonpublic record on July 29, 2025, and a public version 
will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing.--The Commission will hold an in-person hearing in 
connection with the review beginning at 9:30 a.m. on August 14, 2025. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before 5:15 p.m. on August 8, 2025. 
Any requests to appear as a witness via videoconference must be 
included with your request to appear. Requests to appear via 
videoconference must include a statement explaining why the witness 
cannot appear in person; the Chairman, or other person designated to 
conduct the review, may in their discretion for good cause shown, grant 
such a request. Requests to appear as remote witness due to illness or 
a positive COVID-19 test result may be submitted by 3 p.m. the business 
day prior to the hearing. Further information about participation in 
the hearing will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    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, if deemed necessary, to be held at 9:30 a.m. on August 12, 
2025. Parties shall file and serve written testimony and presentation 
slides in connection with their presentation at the hearing by no later 
than noon on August 13, 2025. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 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 review 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 5:15 p.m. on August 7, 2025. Parties shall also 
file written testimony in connection with their presentation at the 
hearing, 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 5:15 p.m. on August 26, 2025. In addition, any 
person who has not entered an appearance as a party to the review may 
submit a written statement of information pertinent to the subject of 
the review on or before 5:15 p.m. on August 26, 2025. On September 24, 
2025, 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 5:15 p.m. on September 
26, 2025, 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 Filing Procedures'', available on the Commission's 
website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    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 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.
    The Commission has determined that this review is extraordinarily 
complicated and therefore 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).
    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: March 20, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-04998 Filed 3-24-25; 8:45 am]
BILLING CODE 7020-02-P
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