International Trade Commission November 2007 – Federal Register Recent Federal Regulation Documents

Following receipt on October 23, 2007, of a request from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission instituted investigation No. 332-494, U.S.-Israel Agricultural Trade: Probable Economic Effect on U.S. and Israeli Agricultural Industries of Conducting Such Trade in a Free Trade Environment.

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'') (Order No. 5) granting respondent's motion to terminate the investigation due to a pending arbitration.

In its notice announcing institution of this investigation, the Commission indicated that its report would include case studies on industry sectors in China in which government policies and interventions are prevalent, and the notice identified seven industry sectors that would be the subject of such case studies. After receiving and considering public comment and input from other government agencies regarding possible additional case studies, the Commission has decided to include case studies on two additional industry sectors in China, the semi-fabricated copper and brass products sector, and the paper sector.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701-TA-453 (Preliminary) and antidumping duty investigation Nos. 731-TA-1136-1137 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 and Germany of sodium nitrite, provided for in subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China and 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 sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach preliminary determinations in countervailing duty and antidumping duty investigations in 45 days, or in this case by December 24, 2007. The Commission's views are due at the Department of Commerce within five business days thereafter, or by January 2, 2008. For further information concerning the conduct of these investigations 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 and B (19 CFR part 207).

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 15, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Funai Electric Co., Ltd. of Japan and Funai Corporation, Inc. of Rutherford, New Jersey. The complaint 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 digital televisions and certain products containing same and methods of using same by reason of infringement of certain claims of U.S. Patent Nos. 6,115,074 and 5,329,369. 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 a permanent cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 19) of the presiding administrative law judge (``ALJ'') granting complainant's motion to amend the complaint in the above-captioned investigation.

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on persulfates from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission;\1\ to be assured of consideration, the deadline for responses is December 21, 2007. Comments on the adequacy of responses may be filed with the Commission by January 14, 2008. 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 through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (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. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is December 21, 2007. Comments on the adequacy of responses may be filed with the Commission by January 14, 2008. 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 through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).