International Trade Commission July 2006 – 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'') 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.

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.

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.

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.

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.

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.

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.