International Trade Commission 2008 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 5) of the presiding administrative law judge (``ALJ'') granting complainant's motion to amend the complaint and the notice of investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 4, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ultra Products, Inc. of Fletcher, Ohio and Systemax Inc. of Port Washington, New York. A supplement to the complaint was filed on May 1, 2008. The complaint alleges violations of 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 power supplies that infringe certain claims of U.S. Patent No. 7,133,293. 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 an exclusion order and cease and desist orders.

The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-453 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation Nos. 731-TA- 1136-1137 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) 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 subsidized and less-than-fair-value imports from China and Germany of sodium nitrite, provided for in subheading 2834.10.10 of the Harmonized Tariff Schedule of the United States.\1\

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 1, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Maquet Cardiovascular LLC of San Jose, California. The complaint was supplemented on April 22, 2008. 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 vein harvesting surgical systems and components thereof by reason of infringement of certain claims of U.S. Patent No. Re. 36,043 and U.S. Patent No. 6,830,546. 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 an exclusion order and cease and desist orders.

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1124 and 1125 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 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 less-than-fair-value imports from Australia and China of electrolytic manganese dioxide (``EMD''), provided for in subheading 2820.10.00 of the Harmonized Tariff Schedule of the United States.\1\

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-456 and 731-TA-1151-1152 (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 Canada and China of citric acid and certain citrate salts, provided for in subheadings 2918.14.00 and 2918.15.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. 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 a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by May 29, 2008. The Commission's views are due at Commerce within five business days thereafter, or by June 5, 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).

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701-TA-455 (Preliminary) and antidumping duty investigation Nos. 731-TA-1149-1150 (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 Korea of certain circular welded carbon quality steel line pipe, provided for in subheadings 7306.19.10 and 7306.19.51\1\ of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China, and 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 a preliminary determination in these investigations in 45 days, or in this case by May 19, 2008. The Commission's views are due at Commerce within five business days thereafter, or by May 27, 2008.

This amendment corrects a typographical error in the notice of investigation issued by the Commission on March 27, 2008. This notice corrects a typographical error in the title of the investigation. Therefore, the Commission is amending the notice to reflect the change in the title of the investigation, particularly, the word ``catheter'' to ``catheters.''

In accordance with the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Commission has submitted a proposal for the collection of information to OMB for approval. The proposed information collection is a 3-year extension of the current ``generic clearance'' (approved by the Office of Management and Budget under Control No. 3117-0016) under which the Commission can issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for the following types of import injury investigations: Antidumping, countervailing duty, escape clause, market disruption, NAFTA safeguard, and ``interference with programs of the USDA.'' Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are objectionable, describing the issue in detail, and including specific revisions or language changes.

Following receipt of a letter on March 13, 2008, from the United States Trade Representative (USTR) advising of the withdrawal of petitions requesting the waiver of the competitive need limit for the following two articles under the Generalized System of Preferences (GSP) program, the Commission has terminated its investigation with respect to those two articles and will not provide probable economic effect advice with respect to those articles:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 27, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of General Electric Company of Fairfield, Connecticut. The complaint alleges violations of 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 variable speed wind turbines and components thereof that infringe certain claims of U.S. Patent Nos. 5,083,039 and 6,921,985. 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 cease and desist orders.

The U.S. International Trade Commission (``Commission'') hereby gives notice of the court-ordered remand of its final determinations in the antidumping investigation Nos.731-TA-1092-1093 concerning diamond sawblades and parts thereof from China and Korea. For further information concerning the conduct of this proceeding 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, subpart A (19 CFR part 207).

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping investigation Nos. 731-TA-1146-1147 (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 and India of 1- Hydroxyethylidene-1,1-diphosphonic acid (HEDP),\1\ provided for in subheading 2931.00.90 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 May 5, 2008. The Commission's views are due at Commerce within five business days thereafter, or by May 12, 2008.

Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') determining that there is no violation of section 337 of the Tariff Act of 1930. Specifically, the Commission has determined to review the portions of the ALJ's determination relating to construction of the claim term ``predetermined minimum safety distance'' and associated findings on infringement and domestic industry. On review, the Commission has determined to take no position with respect to these issues, and to affirm the ALJ's determination of no violation of section 337.

Notice is hereby given that the U.S. International Trade Commission has issued a corrected limited exclusion order in the above- captioned investigation. The corrected order adds language, inadvertently left out of the previous order, noting that products of Dongguan GVG Digital Products Ltd. and GVG Digital Technology Holdings Ltd. (collectively, the ``GVG respondents'') that practice the method of claim 16 of the U.S. Patent No. 5,870,523 (``the `523 patent'') are excluded from entry.