International Trade Commission December 2010 – Federal Register Recent Federal Regulation Documents

The U.S. International Trade Commission (``Commission'') hereby gives notice that it is inviting the parties to the North American Free Trade Agreement (NAFTA) Chapter 19 panel proceeding in Light-Walled Rectangular Pipe and Tube from Mexico, USA-MEX-1904-04, to file comments in the remand proceeding ordered by the NAFTA binational panel. 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).

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on October 22, 2010, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

Section 423(c) of the Tax Reform Act of 1986, as amended (19 U.S.C. 2703 note), requires the United States International Trade Commission to determine annually the amount (expressed in gallons) that is equal to 7 percent of the U.S. domestic market for fuel ethyl alcohol during the 12-month period ending on the preceding September 30. This determination is to be used to establish the ``base quantity'' of imports of fuel ethyl alcohol with a zero percent local feedstock requirement that can be imported from U.S. insular possessions or CBERA-beneficiary countries. The base quantity to be used by U.S. Customs and Border Protection in the administration of the law is the greater of 60 million gallons or 7 percent of U.S. consumption, as determined by the Commission. For the 12-month period ending September 30, 2010, the Commission has determined the level of U.S. consumption of fuel ethyl alcohol to be 12.506 billion gallons; 7 percent of this amount is 875.4 million gallons (these figures have been rounded). Therefore, the base quantity for 2011 should be 875.4 million gallons. The Commission's determination is based on official data of the U.S. Department of Energy and the U.S. Department of Commerce.

Notice is hereby given that the U.S. International Trade Commission has determined to modify a limited exclusion order and cease-and-desist orders issued in the above-captioned investigation following the decision of the United States Court of Appeals for the Federal Circuit in Vizio, Inc. v. U.S. International Trade Commission, 605 F.3d 1330 (Fed. Cir. 2010).

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 countervailing duty order on stainless steel sheet and strip from Korea and/or the antidumping duty orders on stainless steel sheet and strip from Germany, Italy, Japan, Korea, Mexico, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined that these reviews are extraordinarily complicated, and therefore will exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). 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).

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 22, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Motorola Mobility, Inc. of Libertyville, Illinois and General Instrument Corporation of Horsham, Pennsylvania. On December 14 and 15, 2010, complainants filed supplemental materials. 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 gaming and entertainment consoles, related software, and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,319,712 (``the `712 patent''); U.S. Patent No. 5,357,571 (``the `571 patent''); U.S. Patent No. 6,069,896 (``the `896 patent''); U.S. Patent No. 6,980,596 (``the `596 patent''); and U.S. Patent No. 7,162,094 (``the `094 patent''). 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 a cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same, DN 2774; the Commission is soliciting comments on any public interest issues raised by the complaint.

Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against infringing products of Ataudes Aguilares, S. de R.L. de C.V. of Guadalajara, Mexico (``Ataudes Aguilares''), which was previously found in default, and has terminated the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337).

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 5, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of United Technologies Corporation of Hartford, 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 turbomachinery blades, engines, and components thereof by reason of infringement of certain claims of U.S. Patent No. RE38,040 (``the `040 patent''). 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 a cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Handbags, Luggage, Accessories and Packaging Thereof, DN 2772; the Commission is soliciting comments on any public interest issues raised by the complaint.

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. 23) granting complainant's motion to amend the complaint and notice of investigation.

The subject five-year reviews were initiated in September 2010 to determine whether revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Japan, Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury. On November 5, 2010, the Department of Commerce published notice that it was revoking the orders effective October 20, 2010, ``{b{time} ecause no interested domestic party responded to the sunset review notice of initiation by the applicable deadline * * *'' (75 FR 68324). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject reviews are terminated.

Following receipt of a request from the United States Trade Representative (USTR) on November 8, 2010, the Commission has decided to issue an Addendum to investigation No. 1205-8, Certain Footwear: Recommendations for Modifying the Harmonized Tariff Schedule of the United States, for the purpose of making certain further recommendations to the President relating to the addition of new tariff lines applicable to the subject footwear.

The Commission has changed the date on which it intends to report its recommendations to the President in this matter from November 29, 2010, to December 13, 2010, to allow more time to complete the report, including its recommendations.

The Commission hereby gives notice that it has instituted reviews 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 orders on solid urea from Russia and Ukraine 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 January 3, 2011. Comments on the adequacy of responses may be filed with the Commission by February 14, 2011. 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), as most recently amended at 74 FR 2847 (January 16, 2009).