International Trade Commission January 2008 – Federal Register Recent Federal Regulation Documents
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Fresh Tomatoes From Mexico
The subject five-year review was instituted on November 1, 2007, to determine whether termination of the suspended investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of material injury (72 FR 61903, November 1, 2007). On November 26, 2007, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of Commerce of their withdrawal from the agreement suspending the antidumping investigation on fresh tomatoes from Mexico. Effective January 18, 2008, the Department of Commerce terminated the suspension agreement, terminated the five-year review of the suspended investigation, and resumed the antidumping investigation on fresh tomatoes from Mexico because the suspension agreement no longer covered substantially all imports of fresh tomatoes from Mexico (73 FR 2887, January 16, 2008). Accordingly, the U.S. International Trade Commission gives notice of the termination of its review and the resumption of its antidumping investigation involving imports of fresh tomatoes from Mexico. A schedule for the final phase of the investigation will be established and announced at a later date.
Aminotrimethylenephosphonic Acid (ATMP) and 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) From China and India
On January 17, 2008, the Department of Commerce and the Commission received a letter from petitioner in the subject investigations, Compass Chemical International LLC, Huntsville, TX, withdrawing its petition. Commerce has not initiated investigations as provided for in section 732(c) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)). Accordingly, the Commission gives notice that its antidumping investigations concerning ATMP and HEDP from China and India (investigation Nos. 731-TA-1138 and 1139 (Preliminary)) are discontinued.
Notice of Commission Determination to Conduct a Portion of the Hearing In Camera
Upon request of Chinese producer, Hubei Xingfa Chemical Group Company, Ltd. (Xingfa), the Commission has determined to conduct a portion of its hearing in the above-captioned investigation scheduled for January 24, 2008, in camera. See Commission rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)). The remainder of the hearing will be open to the public. The Commission has determined that the seven-day advance notice of the change to a meeting was not possible. See Commission rule 201.35(a), (c)(1) (19 CFR 201.35(a), (c)(1)).
Small Diameter Graphite Electrodes From China
The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1143 (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 of small diameter graphite electrodes, provided for in subheading 8545.11.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. 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 March 3, 2008. The Commission's views are due at Commerce within five business days thereafter, or by March 10, 2008. For further information concerning the conduct of this investigation 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).
In the Matter of Certain Liquid Crystal Display Devices 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 December 21, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Samsung Electronics Co., Ltd. of Korea. Letters supplementing the complaint were filed on December 28, 2007 and January 15, 2008. The complaint as supplemented 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 liquid crystal display devices and products containing the same that infringe U.S. Patent Nos. 7,193,666, 6,771,344, 7,295,196, and 6,937,311. 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 Lighting Control Devices Including Dimmer Switches and/Or Switches and Parts Thereof; Notice of Commission Decision Not To Review Initial Determinations Granting Motions To Terminate Investigation As to All Respondents and to Terminate the Investigation In Its Entirety
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. 9) granting the joint motion of complainant Lutron Electronics Co., Inc. (``Lutron'') and Leviton Manufacturing Company, Inc. (``Leviton'') to terminate the investigation as to Leviton on the basis of a settlement agreement, and the ALJ's ID (Order No. 10) granting the motion of Lutron to terminate the investigation as to Control 4 Corporation (``Control4'') based on withdrawal of the complaint and terminating the investigation in its entirety.
Carbon and Certain Alloy Steel Wire Rod From Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine
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. Sec. 1675(c)(5)) (the Act) to determine whether revocation of the countervailing duty order on carbon and certain alloy steel wire rod from Brazil and the antidumping duty orders on carbon and certain alloy steel 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. 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 Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Iii); Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 7, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Tessera, Inc. of San Jose, California. Letters supplementing the complaint were filed on December 21 and 28, 2007. 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 semiconductor chips with minimized chip package size and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,679,977; 6,133,627; 5,663,106; and 6,458,681. 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 exclusion orders and cease and desist orders.
In the Matter of: Certain Silicon Microphone Packages 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 December 6, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Knowles Electronics, LLC of Itasca, Illinois. Letters supplementing the complaint were filed on December 17 and 26, 2007. 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 silicon microphone packages and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,781,231 and 7,242,089. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant request 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 Computer Products, Computer Components and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of International Business Machines Corporation of Armonk, New York. 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 computer products, computer components and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,008,829; 5,249,741; and 5,371,852. 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.
In the Matter of Certain Ground Fault Interrupters and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 7) issued by the presiding administrative law judge (``ALJ'') granting a motion to amend the complaint and notice of investigation in the above-captioned investigation.
In the Matter of Certain Short Wavelength Semiconductor Lasers and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 4, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Seoul Semiconductor Company, Ltd. of Seoul, Korea. A letter supplementing the complaint was filed on December 11, 2007. The complaint, as supplemented, 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 short wavelength semiconductor lasers and products containing same that infringe claim 1 of U.S. Patent No. 5,321,713. 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.
Aminotrimethylenephosphonic Acid (ATMP) and 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) From China and India
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigation Nos. 731-TA-1138 and 1139 (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 aminotrimethylenephosphonic acid (ATMP) and 1-hydroxyethylidene-1,1- diphosphonic acid (HEDP) from China and India, 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 February 14, 2008. The Commission's views are due at Commerce within five business days thereafter, or by February 22, 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).
Uncovered Innerspring Units From China, South Africa, and Vietnam
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigations Nos. 731-TA-1140-1142 (Preliminary) under section 733(a) (19 U.S.C. 1673b(a)) 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, South Africa, and Vietnam of uncovered innerspring units provided for in statistical reporting number statistical reporting number 9404.29.9010 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 preliminary determinations in antidumping duty investigations in 45 days, or in this case by February 14, 2008. The Commission's views are due at Commerce within five business days thereafter, or by February 22, 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).
In the Matter of Certain Base Plugs; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 19, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Anchor Sports I, Inc. of Richardson, Texas. A supplement to the complaint was filed on December 10, 2007. 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 base plugs by reason of infringement of certain claims of U.S. Patent No. 6,142,882. The complaint, as supplemented, 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.
In the Matter of Certain Noise Cancelling Headphones; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 29, 2007 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Bose Corporation of Framingham, Massachusetts. A letter supplementing the complaint was filed on December 20, 2007. 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 noise cancelling headphones by reason of infringement of certain claims of U.S. Patent Nos. 5,181,252 and 6,597,792. 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.
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