International Trade Commission 2006 – Federal Register Recent Federal Regulation Documents
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In the Matter of Certain L-Lysine Feed Products, Their Methods of Production and Genetic Constructs for Production; Notice of Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation To Add a Complainant
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation. The ALJ granted the motion of complainant to add its parent company, as an additional complainant in the investigation.
In the Matter of Certain Nor and Nand Flash Memory Devices and Products Containing Same; Notice of Correction
On February 13, 2006, the Commission published the notice of investigation for the above-captioned investigation under Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337). 71 FR 77576. The Commission hereby gives notice of the following corrections to that notice: (1) In the section labeled SUMMARY, ``flash memory devices'' should read ``flash memory devices and products containing same,'' and (2) in the section labeled Scope of Investigation, ``flash memory devices'' should read ``flash memory devices or products containing same.'' The Commission expects that the administrative law judge will extend the target date for completion of the investigation to the extent necessary to avoid any prejudice to any of the parties.
In the Matter of Certain Lined Paper School Supplies from China, India, and Indonesia; Notice of Commission Determination Not To Conduct a Portion of the Hearing In Camera
The Commission has determined to deny the requests of respondents Staples, Inc. (``Staples'') and NuCarta, LLC (``NuCarta'') to conduct a portion of its hearing in the above-captioned investigations scheduled for July 25, 2006, in camera. See Commission rules 201.13 and 201.36(b)(4) (19 CFR 201.13 and 201.36(b)(4)).
In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Commission Decision To Terminate the Investigation in Its Entirety Based on a Settlement Agreement Between the Parties
Notice is hereby given that the U.S. International Trade Commission has determined to terminate this investigation based on a settlement agreement between the parties.
Monitoring of U.S. Imports of Tomatoes; Monitoring of U.S. Imports of Peppers
Pursuant to statute (see below), the Commission monitors U.S. imports of fresh or chilled tomatoes and fresh or chilled peppers, other than chili peppers, for the purpose of expediting an investigation under certain U.S. safeguard laws, should an appropriate petition be filed. As part of that monitoring, the Commission compiles data on imports and the domestic industry, and has made its data series available electronically to the public on an annual basis since 1994. The Commission is in the process of preparing its data series for the period ending June 30, 2006, and is seeking input from interested members of the public. The Commission expects to make its data series available to the public in November 2006 in electronic format, posted on the Commission's Web site.
Furfuryl Alcohol From China and Thailand
The Commission hereby gives notice of the scheduling of expedited reviews 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 orders on furfuryl alcohol from China and Thailand would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 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).
In the Matter of Certain Rubber Antidegradants, Components Thereof, and Products Containing Same; Final Commission Determination Regarding Violation; Issuance of Limited Exclusion Order; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned investigation with a finding of violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'') by two respondents and issuance of a limited exclusion order.
In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Decision Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on June 19, 2006, granting the joint motion to terminate the above- captioned investigation based on a settlement agreement.
In the Matter of Certain Personal Computers, Server Computers, and Components thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Joint Motion for Termination of Investigation Based on Settlement Agreement
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') granting a joint motion to terminate the above-captioned investigation on the basis of a settlement agreement.
Summary of Commission Practice Relating to Administrative Protective Orders
Since February 1991, the U.S. International Trade Commission (``Commission'') has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (``APOs'') in investigations under Title VII of the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under Title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''), 19 CFR 207.3(c). There were no completed investigations of rule violations during calendar year 2005. This notice provides a summary of investigations completed during calendar year 2005 of breaches in proceedings under Title VII, section 421 of the Trade Act of 1974, as amended, section 337 of the Tariff Act of 1930, as amended, and one conducted under the procedures for imposing sanctions for violation of the provisions of a protective order issued during NAFTA dispute resolution panel and Extraordinary Challenge Committee proceedings. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.
Certain Mobile Telephone Handsets, Wireless Communication Devices, and Components Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 9, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of QUALCOMM Incorporated of San Diego, California. A supplement to the complaint was filed on June 27, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile telephone handsets, wireless communication devices, and components thereof by reason of infringement of claims 1, 3, and 4 of U.S. Patent No. 5,452,473; claim 1 of U.S. Patent No. 5,590,408; claims 2, 7, and 8 of U.S. Patent No. 5,655,220; claims 1, 6, 9, 18, 23, and 24 of U.S. Patent No. 5,576,767; claims 3, 4, 13, 59, and 60 of U.S. Patent No. 5,542,104; and claims 1 and 7 of U.S. Patent No. 6,453,182. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.
In the Matter of Certain Axle Bearing Assemblies, Components Thereof, and Products Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') granting the motion of complainant and respondents to terminate the investigation on the basis of a settlement agreement.
In the Matter of Certain Power Supply Controllers and Products Containing Same; Notice of Commission Determination Not To Review a Final Initial Determination of Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined not to review the Administrative Law Judge's (``ALJ'') final Initial Determination (``ID'') finding a violation of section 337. Notice is further given that the Commission is requesting briefing on remedy, public interest, and bonding with respect to the respondent found in violation.
In the Matter of Certain Wireless Communication Equipment, Articles Therein, and Products Containing the Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 2, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Samsung Telecommunications America, LLP of Richardson, Texas and Samsung Electronics Co., Ltd. of Korea (collectively, ``Samsung''). Samsung filed a supplement to the complaint on June 23, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States and sale of certain wireless communication equipment, articles therein, and products containing the same by reason of infringement of claims 1-16 of U.S. Patent No. 6,598,202, claims 1-29 of U.S. Patent No. 6,882,636, claims 1-6, 10-13, 16-19, 26-31, 34, 36, 38-41, 45, 47, and 48 of U.S. Patent No. 6,154,652, claims 1-32 and 34-35 of U.S. Patent No. 6,920,331, claims 1-11 of U.S. Patent No. 6,421,353, claims 1, 2, 4, 5, 9, 11, 12, 14, 15, 17, 21-23, and 25, of U.S. Patent No. 6,920,602, and claims 1-33 of U.S. Patent No. 6,928,604. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.
In the Matter of Certain Portable Digital Media Players and Components Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 1, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Apple Computer, Inc. of Cupertino, California. An amended complaint was filed on June 6, 2006, and supplementary letters were filed on June 7 and 22, 2006. The complaint as amended and supplemented alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable digital media players and components thereof, by reason of infringement of claim 25 of U.S. Patent No. 7,046,230, claims 25 and 33 of U.S. Patent No. 5,341,293, claims 36-39, 48, 65, 72-73, and 77-78 of U.S. Patent No. 5,898,434, and claims 1, 24, and 32 of U.S. Patent No. 6,282,646. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and permanent cease and desist orders.
Stainless Steel Angle From Japan, Korea, and Spain
The subject five-year reviews were initiated in April 2006 to determine whether revocation of the antidumping duty orders on stainless steel angle from Japan, Korea, and Spain would be likely to lead to continuation or recurrence of material injury. On June 15, 2006, the Department of Commerce published notice that it was revoking the orders effective May 18, 2006, `` {b{time} ecause the domestic interested parties did not participate in these sunset reviews * * *'' (71 FR 34599). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject reviews are terminated.
In the Matter of Certain Chemical Mechanical Planarization Slurries and Precurors to Same Notice of a Commission Determination Not to Review an Initial Determination Terminating the Investigation with Respect to the Only Respondent, and Issuance of Consent Order
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') in the above-captioned investigation terminating the investigation as to the only respondent. The investigation was terminated as to the only respondent based on a consent order.
In the Matter of Certain Combination Motor and Transmission Systems and Devices Used Therein, and Products Containing Same; Notice of a Commission Determination Not to Review an Initial Determination Granting a Motion to Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') granting complainant's motion to amend the complaint and notice of investigation in the above-captioned investigation to substitute respondent Toyota Motor Manufacturing North America, Inc. with Toyota Motor Engineering & Manufacturing North America, Inc. and Toyota Motor Manufacturing Kentucky, Inc.
Certain Polyester Staple Fiber From China
The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1104 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that 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 from China of certain polyester staple fiber \1\, provided for in subheading 5503.20.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by August 7, 2006. The Commission's views are due at Commerce within five business days thereafter, or by August 14, 2006.
In the Matter of Certain Display Controllers and Products Containing Same and Certain Display Controllers With Upscaling Functionality and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding
Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to a limited exclusion order issued at the conclusion of the above-captioned investigation.
In the Matter of Certain Agricultural Vehicles and Components Thereof; Remand of Investigation to Presiding Administrative Law Judge; Rescission of General Exclusion Order and Certain Cease and Desist Orders
Notice is hereby given that the U.S. International Trade Commission has determined to remand the above-captioned investigation to the presiding administrative law judge (``ALJ'') for proceedings consistent with the March 30, 2006, judgment of the U.S. Court of Appeals for the Federal Circuit in Bourdeau Bros., Inc. v. International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006). The Commission has also determined to rescind the general exclusion order and certain cease and desist orders issued in the investigation.
In the Matter of Certain Audio Processing Integrated Circuits and Products Containing Same; Notice of Commission Decision To Remand a Portion of an Initial Determination Finding a Violation of Section 337, and To Extend the Target Date for Completion of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to remand a portion of the investigation to the presiding administrative law judge (``ALJ''). The Commission has also determined to extend the target date for completion of the investigation until September 15, 2006.
Stainless Steel Bar From Brazil, India, Japan, and Spain
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 stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 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).
In the Matter of Metal Calendar Slides From Japan; Notice of Commission Determination not To Conduct a Portion of the Hearing In Camera
The Commission has determined to deny the request of respondent Nishiyama Kinzoku Ltd. Co. (``Nishiyama'') to conduct a portion of its hearing in the above-captioned investigation scheduled for June 22, 2006, in camera. See Commission rules 201.13 and 201.36(b)(4) (19 CFR 201.13 and 201.36(b)(4)).
In the Matter of Certain Lighters; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 16, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Zippo Manufacturing Co., Inc. of Bradford, Pennsylvania and ZippMark, Inc. of Wilmington, Delaware. A supplement to the complaint was filed on June 5, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighters by reason of infringement of U.S. Trademark Registration No. 2,606,241. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders.
Privacy Act of 1974, as Amended; Addition of New Systems of Records and Revisions to Existing Systems of Records
The U.S. International Trade Commission (``Commission'') previously published notices describing the systems of records it maintains pursuant to the Privacy Act of 1974. The Commission proposes to add four new systems of records. These new systems of records are entitled: Administrative Protective Order Breach and Related Records; Import and Export Records; Telecommuting Program Records; and Emergency Notification Records. The Commission also is issuing notice of its intent to take the following actions: Change the identity of the agency's Privacy Act Officer in the descriptions of all Commission systems of records; revise the existing system of records entitled ``Pay, Leave, and Travel Records'' by removing references to travel records and adding several new categories of records as well as a new routine use; revise the system of records designated as ``Parking and Mass Transit Subsidy Records'' by extending the categories of individuals covered by the system; and add new routine uses to the existing systems of records entitled ``Office of Inspector General Investigative Files (General)'' and ``Office of Inspector General Investigative Files (Criminal).'' The Commission issues this notice to satisfy the Privacy Act's requirement to publish in the Federal Register notice of the existence and character of records systems maintained by the Commission and of any new use or intended use of information in the Commission's systems of records. This notice also republishes in one location descriptions of all Commission systems of records for the convenience of interested parties.
In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof and Products Containing Same; Notice of Commission Issuance of General Exclusion Order; Decision To Grant Motion To File a Surreply; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and has issued a general exclusion order under section 337(g)(2), 19 U.S.C. 1337(g)(2), and terminated the investigation. The Commission has decided to grant complainant's motion to file a surreply.
In the Matter of Certain Equipment for Telecommunications or Data Communications Networks, Including Routers, Switches, and Hubs, and Components Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 15, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Telcordia Technologies, Inc. of Piscataway, New Jersey. An amended complaint was filed on June 5, 2006. The complaint as amended alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain equipment for telecommunications or data communications networks, including routers, switches, and hubs, and components thereof, by reason of infringement of claims 1, 3, and 4 of U.S. Patent No. 4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent No. Re. 36,633, and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763. The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and permanent cease and desist orders.
Advice Concerning the Addition of Certain Pharmaceutical Products and Chemical Intermediates to the Pharmaceutical Appendix to the Harmonized Tariff Schedule of the United States
Following receipt of a request on May 25, 2006, from the United States Trade Representative (USTR), the Commission instituted Investigation No. 332-476, Advice Concerning the Addition of Certain Pharmaceutical Products and Chemical Intermediates to the Pharmaceutical Appendix to the Harmonized Tariff Schedule of the United States, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)).
Stainless Steel Bar From Brazil, India, Japan, and Spain
The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. 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).
In the Matter of Certain Portable Digital Media Players; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 15, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Creative Labs, Inc. of Milpitas, California and Creative Technology Ltd. of Singapore. Supplements to the complaint were filed on May 31, 2006, and June 1, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable digital media players by reason of infringement of claims 2-5, 7, 11-13, 15, and 16 of U.S. Patent No. 6,928,433. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and cease and desist order.
Revised Access to the Law Library
The United States International Trade Commission (Commission) is issuing this notice to advise the public that the agency's Law Library will no longer be open to walk-in customers, but will be accessible by providing advance notice by telephone after a period of renovation.
Probable Effect of Proposed Definitions for Certain Baby Socks
Following receipt of a request from the United States Trade Representative (USTR) on May 26, 2006, the Commission instituted investigation No. 332-475, Probable Effect of Proposed Definitions for Certain Baby Socks, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)).
In the Matter of Certain Insulin Delivery Devices, Including Cartridges Having Adaptor Tops, and Components Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 8, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Novo Nordisk A/S, Novo Nordisk Inc., and Novo Nordisk Pharmaceuticals Industries, Inc. Supplemental letters were filed on May 11 and 23, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain insulin delivery devices, including cartridges having adaptor tops, and components thereof, by reason of infringement of claims 1-3, 5-7, 11, 18, and 19 of U.S. Patent 5,693,027. The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.
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