International Trade Commission 2005 – Federal Register Recent Federal Regulation Documents
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Ethyl Alcohol for Fuel Use: Determination of the Base Quantity of Imports
The United States International Trade Commission (USITC or the Commission) is required to determine annually 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 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. Beyond the base quantity of imports, progressively higher local feedstock requirements are placed on imports of fuel ethyl alcohol and mixtures from the CBERA-beneficiary countries. For the 12-month period ending September 30, 2005, the Commission has determined the level of U.S. consumption of fuel ethyl alcohol to be 3.83 billion gallons. Seven percent of this amount is 268.1 million gallons (these figures have been rounded). Therefore, the base quantity for 2006 should be 268.1 million gallons.
Request for Comments Concerning the Institution of a Section 751(B) Review Investigation on Polychloroprene Rubber From Japan
The Commission invites comments from the public on whether changed circumstances exist sufficient to warrant the institution of an investigation pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) (the Act) to review the Commission's affirmative determination in investigation No. AA1921-129. The purpose of the proposed review investigation is to determine whether revocation of the existing antidumping finding on imports of polychloroprene rubber from Japan is likely to lead to continuation or recurrence of material injury to an industry in the United States (19 U.S.C. 1675(b)(2)(A)). Polychloroprene rubber is provided for in subheadings 4002.41, 4002.49, and 4003.00 of the Harmonized Tariff Schedule of the United States.
Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of Commission Determination to Institute Advisory Opinion Proceedings
Notice is hereby given that the U.S. International Trade Commission has determined to institute advisory opinion proceedings in the above-captioned investigation.
Certain Optical Disk Controller Chips and Chipsets and Products Containing Same, Including DVD Players and PC Optical Storage Devices II; Notice of Commission Decision To Review Portions of an Initial Determination Finding No Violation of Section 337 of the Tariff Act of 1930; Grant of Motion To File Corrected Petition for Review; Denial of Motion To File Reply Brief; Extension of Target Date for Completion of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to review certain portions of a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has also granted a motion for leave to file a corrected petition, denied a motion for leave to file a reply brief, and has extended the target date for completion of the investigation by 30 days, i.e., until March 1, 2006.
Pure Magnesium From China
The Commission hereby gives notice that it will proceed with a full review 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 order on pure magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. 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).
In the Matter of Certain Personal Computers, Server Computers, and Components Thereof; Notice of Commission Decision To Remand-in-Part and Vacate-in-Part an Initial Determination Finding a Violation of Section 337 of the Tariff Act of 1930; Referral of Motion to Administrative Law Judge
Notice is hereby given that the U.S. International Trade Commission has determined to reverse the presiding administrative law judge (``ALJ'') findings in the above-captioned investigation of literal infringement with respect to the asserted claims of U.S. Patent No. 6,138,184 (``the `184 patent'') and U.S. Patent No. 5,892,976 (``the `976 patent'') and to remand the investigation to the ALJ for a determination of whether claims 7, 24, and 41 of the `184 patent and claim 9 of the `976 patent are infringed under the doctrine of equivalents, and whether a domestic industry exists as to those patents. The Commission has also determined to vacate that portion of the ID which concerns infringement of claim 1 of U.S. Patent No. 6,085,318 (``the `318 patent'') under the doctrine of equivalents. The Commission has determined to affirm the remainder of the ID. Finally, the Commission has directed the ALJ to set a new target date in the investigation and to rule on a motion filed on October 27, 2005, by respondent concerning a recently discovered license agreement related to the patents at issue in this investigation.
Certain Welded Stainless Steel Pipe From Korea and Taiwan
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 certain welded stainless steel pipe from Korea and Taiwan 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 NAND Flash Memory Circuits and Products Containing Same; Notice of Commission Decision To Review in Part an Initial Determination, and on Review, To Take No Position Concerning Certain Validity Issues and To Affirm the Administrative Law Judge's Determination That There Is No Violation of Section 337; Termination of Investigation
Notice is hereby given that the United States International Trade Commission has determined to review in part an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930. Specifically, the Commission has determined to review the portion of the ALJ's determination relating to anticipation and obviousness. On review, the Commission has determined to take no position with respect to these issues, but to affirm the ALJ's determination of no violation of section 337 and to terminate the investigation.
Tin- and Chromium-Coated Steel Sheet From Japan
The Commission hereby gives notice of the scheduling of a full review 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 order on tin- and chromium-coated steel sheet from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 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).
In the Matter of Certain High-Brightness Light Emitting Diodes and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 4, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lumileds Lighting U.S., LLC of San Jose, California. A supplemental letter was filed on November 23, 2005. 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 high-brightness light emitting diodes and products containing same by reason of infringement of claims 1 and 6 of U.S. Patent No. 5,008,718, claims 1-3, 8-9, 16, 18, and 23-28 of U.S. Patent No. 5,376,580, and claims 12-16 of U.S. Patent No. 5,502,316. 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.
In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Commission Decision to Review-In-Part an Initial Determination Finding No Violation of Section 337 of the Tariff Act of 1930 and to Remand Portions of the Investigation to the Administrative Law Judge
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') issued on October 6, 2005, in the above-captioned investigation and to remand portions of the investigation to the ALJ to make additional factual findings and determinations.
Certain Pipe and Tube From Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey
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 welded carbon steel pipe and tube from Turkey and the antidumping duty orders on certain pipe and tube from Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey 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 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).
In the Matter of Certain Devices for Determining Organ Positions and Certain Subassemblies Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 28, 2005 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of SAS PRAXIM of La Tronche, France and Varian Medical Systems, Inc. of Palo Alto, California. A supplement to the complaint was filed on October 19, 2005. On October 25, 2005, the Commission granted complainants' request for a postponement of the Commission's determination whether to institute an investigation in order for complainant to provide further supplementation. An additional supplement was filed on November 9, 2005. 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 devices for determining organ positions and certain subassemblies thereof by reason of infringement of claims 1, 2, 5, and 10 of U.S. Patent No. 5,447,154. 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 limited exclusion order and a permanent cease and desist order.
In the Matter of Certain Lens-Fitted Film Packages; Notice of Commission Decision To Terminate a Remand Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned proceeding.
In the Matter of Certain Axle Bearing Assemblies, Components Thereof, 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 October 24, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of NTN Corporation of Japan. A supplement to the complaint was filed on November 15, 2005. 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 axle bearing assemblies, components thereof, and products containing the same by reason of infringement of at least claim 1 of U.S. Patent No. 5,620,263. 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.
In the Matter of Certain NAND Flash Memory Devices and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 20, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hynix Semiconductor Inc. of Korea; Hynix Semiconductor America Inc. of San Jose, California; and Hynix Semiconductor Manufacturing America Inc. of Eugene, Oregon. A supplement was filed on November 8, 2005. 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 NAND flash memory devices and products containing same by reason of infringement of claims 1-5 of U.S. Patent No. 5,509,995, and claim 6 of U.S. Patent No. 5,869,404. 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.
Carbon and Certain Alloy Steel Wire Rod From China, Germany, and Turkey
The Commission hereby gives notice of the institution of an investigations and commencement of preliminary phase antidumping investigation Nos. 731-TA-1099-1101 (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, Germany, and Turkey of carbon and certain alloy steel wire rod, provided for in subheadings 7213.91.30, 7213.91.45, 7213.91.60, 7213.99.00, 7227.20.00, and 7227.90.60 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 December 27, 2005. The Commission's views are due at Commerce within five business days thereafter, or by January 4, 2006. 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).
Artists' Canvas from China
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1091 (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 China of artists' canvas, provided for in subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized Tariff Schedule of the United States.\1\
Submission for OMB Review; Comment Request
In accordance with the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), the Commission has submitted a proposal for the collection of information to OMB for approval. The proposed information collection is an user survey that solicits feedback on the investigative procedures used by the Commission in its import injury investigations. Comments concerning the proposed user survey are requested in accordance with the Paperwork Reduction Act of 1995. The OMB is particularly interested in comments which: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
U.S.-Oman Free Trade Agreement: Potential Economywide and Selected Sectoral Effects
Following receipt of a request from the United States Trade Representative (USTR) on October 19, 2005, the Commission instituted investigation No. TA-2104-19, U.S.-Oman Free Trade Agreement: Potential Economywide and Selected Sectoral Effects, under section 2104(f) of the Trade Act of 2002 (19 U.S.C. 3804(f)), for the purpose of assessing the likely impact of the U.S. Free Trade Agreement with Oman on the United States economy as a whole and on specific industry sectors and the interests of U.S. consumers.
Certain Weather Stations and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on Withdrawal of 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'') terminating the above-captioned investigation as to all the respondents on the basis of withdrawal of the complaint.
Certain Voltage Regulator Circuits, Components Thereof and Products Containing Same; Notice of a Commission Determination Not to Review an Initial Determination Terminating the Investigation on the Basis of a Consent Order and Settlement Agreement; 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'') granting the joint motion of complainant Linear Technology Corporation and respondent Monolithic Power Systems, Inc. to terminate the above- captioned investigation on the basis of a settlement agreement and consent order.
Certain Flash Memory Devices and Components Thereof, and Products Containing Such Devices and Components; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 29, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Toshiba Corporation of Tokyo, Japan. A supplemental letter was filed on October 20, 2005. 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 flash memory devices and components thereof, and products containing such devices and components, by reason of infringement of claims 1-4 of U.S. Patent No. 5,150,178, claims 1 and 6-7 of U.S. Patent No. 5,270,969, and claims 1 and 4 of U.S. Patent No. 5,517,449. 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 permanent cease and desist orders.
In the Matter of Certain Foam Masking Tape; Notice of Issuance of General Exclusion Order and Termination of Investigation
Having found a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order and terminated the above-captioned investigation.
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