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

Notice is hereby given that the U.S. International Trade Commission has determined to review a portion of the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on November 7, 2007, regarding whether there is a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above- captioned investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 20, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of INEOS Fluor Limited of the United Kingdom and INEOS Fluor Americas LLC of St. Gabriel, Louisiana. A supplemental letter and amended complaint, which included another complainant, INEOS Fluor Holdings Limited of the United Kingdom, were filed on December 13, 2007. The complaint, as supplemented and amended, 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 R-134a coolant (otherwise known as 1,1,1,2-tetrafluoroethane) by reason of infringement of the claims of U.S. Patent No. 5,744,658. 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 general exclusion order and cease and desist orders.

The U.S. International Trade Commission (``Commission'') hereby gives notice of the court-ordered remand of its preliminary determinations in the antidumping Investigation Nos. 731-TA-955, 960, 963 concerning carbon and certain alloy steel wire rod from Egypt, South Africa, and Venezuela. 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 that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. Sec. 1675(c)(5)) to determine whether revocation of the countervailing duty order on wire rod from Brazil and the antidumping duty orders on wire rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine 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).

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 9) of the presiding administrative law judge (``ALJ'') granting complainants'' motion to amend the complaint and notice of investigation in the above-captioned investigation. The above-captioned investigation has been consolidated with Inv. No. 337- TA-601, Certain 3G Wideband Code Division Multiple Access (WCDMA) Handsets and Components Thereof.

The United States International Trade Commission (``Commission'') proposes to amend its Rules of Practice and Procedure concerning rules of general application, adjudication, and enforcement. The amendments are necessary to make certain technical corrections, to clarify certain provisions, to harmonize different parts of the Commission's rules, and to address concerns that have arisen in Commission practice. The intended effect of the proposed amendments is to facilitate compliance with the Commission's Rules and improve the administration of agency proceedings.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 13, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FormFactor, Inc. of Livermore, California. An amended complaint was filed on December 7, 2007. The complaint, as amended, 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 probe card assemblies, components thereof and certain tested DRAM and NAND flash memory devices and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,994,152, 6,509,751, 6,615,485, 6,624,648, 7,168,162, and 7,225,538. The complaint, as amended, 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 a permanent cease and desist order.

Notice is hereby given that a complaint and motion for temporary relief were filed with the U.S. International Trade Commission on November 8, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ICL Performance Products, LP of St. Louis, Missouri. 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 low antimony phosphoric acid by reason of infringement of certain claims of U.S. Patent No. 5,989,509. 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 motion for temporary relief requests that the Commission issue a temporary exclusion order and temporary cease and desist orders prohibiting the importation into and sale within the United States after importation of certain low antimony phosphoric acid that infringes claims 1-3 or 20 of U.S. Patent No. 5,989,509 during the course of the Commission's investigation.

Following receipt of a request on November 7, 2007, from the Committee on Ways and Means of the U.S. House of Representatives pursuant to section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission instituted investigation No. 332-496, Caribbean Region: Review of Economic Growth and Development.

Pursuant to section 112(c)(2)(B)(ii) of the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3721(c)(2)(B)(ii)), the Commission has instituted investigation No. AGOA-003, Denim Fabric: Commercial Availability in AGOA Countries During Fiscal Year 2009, for the purpose of gathering information and making the determinations required concerning whether certain denim fabric will be available in commercial quantities during fiscal year 2009 for use by lesser developed beneficiary (LDB) sub-Saharan African (SSA) countries in the production of apparel articles receiving preferential treatment under AGOA, and if so, the quantity that will be available.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) of the presiding administrative law judge (``ALJ'') granting complainants' motion to amend the complaint and notice of investigation with respect to ``certain Samsung entities'' in the above-captioned investigation. The above-captioned investigation has been consolidated with Inv. No. 337-TA-601, Certain 3G Wideband Code Division Multiple Access (WCDMA) Handsets and Components Thereof.

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'') (Order No. 18) in the above-captioned investigation terminating this investigation, as to respondent Sanyo Electric Co., Ltd. (``Sanyo'').

The proposed information collection is a 3-year extension, pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13) (the ``Act''), of the current generic survey clearance previously approved by the Office of Management and Budget (``OMB''). The clearance is used by the U.S. International Trade Commission (``Commission'') to issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for a series of import injury investigations that are required by the Tariff Act of 1930 and the Trade Act of 1974. The current generic survey clearance is assigned OMB control No. 3117-0016; it will expire on June 30, 2008. Comments concerning the proposed information collections are requested in accordance with section 3506(c)(2)(A) of the Act; such comments are described in greater detail in the section of this notice entitled supplementary information.

Pursuant to section 112(c)(2)(B)(iii) of the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3721(c)(2)(B)(iii)), the Commission has instituted investigation No. AGOA-002, Denim Fabric: Use in AGOA Countries During Fiscal Year 2007, for the purpose of gathering information and making the determination required concerning the extent to which denim fabric deemed to be available in commercial quantities during fiscal year 2007 for use by lesser developed beneficiary (LDB) sub-Saharan African (SSA) countries was used in the production of apparel articles receiving preferential treatment during fiscal year 2007.