International Trade Commission 2008 – Federal Register Recent Federal Regulation Documents
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Rules of General Application and Adjudication and Enforcement
The United States International Trade Commission (``Commission'') amends 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.
Tow-Behind Lawn Groomers From China
The Commission hereby gives notice of the institution of investigation and commencement of preliminary phase countervailing duty investigation No. 701-TA-457 (Preliminary) under section 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(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 tow-behind lawn groomers (``TBLG''), currently provided for in subheadings 8432.40.00, 8432.80.00, and 8479.89.98 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of the People's Republic of China. The Commission also hereby gives notice of the institution of investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1153 (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 TBLGs, currently provided for in the subheadings identified above 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 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)), the Commission must reach preliminary determinations in antidumping and countervailing duty investigations within 45 days, or in this case by August 8, 2008. The Commission's views are due at Commerce within five business days thereafter, or by Friday, August 15, 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 201), and part 207, subparts A and B (19 CFR 207).
Crawfish Tail Meat From China
The Commission hereby gives notice that it has instituted a review 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 order on crawfish tail meat from China 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 August 20, 2008. Comments on the adequacy of responses may be filed with the Commission by September 15, 2008. 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).
Certain Frozen Fish Fillets From Vietnam
The Commission hereby gives notice that it has instituted a review 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 order on certain frozen fish fillets from Vietnam 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 August 20, 2008. Comments on the adequacy of responses may be filed with the Commission by September 15, 2008. 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).
DRAMs and DRAM Modules From Korea
The Commission hereby gives notice that it has instituted a review 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 countervailing duty order on DRAMs and DRAM modules from Korea 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 August 20, 2008. Comments on the adequacy of responses may be filed with the Commission by September 15, 2008. 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 Ink Cartridges and Components Thereof; Enforcement Proceeding II; Institution of Formal Enforcement Proceeding
Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding in the above- captioned investigation and named two enforcement respondents in the proceeding.
In the Matter of Certain Laminated Floor Panels; Notice of Institution of Consolidated Formal Enforcement and Advisory Opinion Proceedings
Notice is hereby given that the U.S. International Trade Commission has instituted consolidated enforcement and advisory opinion proceedings relating to the general exclusion order issued at the conclusion of the above-captioned investigation.
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, China, Thailand, and the United Arab Emirates
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1131-1134 (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 Brazil, China, Thailand, and the United Arab Emirates of polyethylene terephthalate film, sheet, and strip, provided for in statistical reporting number 3920.62.00.90 of the Harmonized Tariff Schedule of the United States.\1\
In the Matter of Certain Intermediate Bulk Containers; Notice of Decision Not To Review an Initial Determination Finding the Sole Remaining Respondent in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 6) issued by the presiding administrative law judge (``ALJ'') finding the last remaining respondent in this investigation in default. Accordingly, the Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding.
In the Matter of Certain Cigarettes and Packaging Thereof; Notice of Commission Decision Not To Review an Initial Determination Correcting the Names of Certain Respondents
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 4) issued by the presiding administrative law judge (``ALJ'') in the above-referenced investigation correcting the names of certain respondents in the notice of investigation.
In the Matter of Certain Foam Footwear; Notice of Commission Determination to Review-In-Part a Final Initial Determination Finding No Violation of Section 337
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the presiding administrative law judge's (``ALJ'') final determination (ID) finding no violation of section 337 in the above-captioned investigation with respect to U.S. Patent No. 6,993,858 (``the `858 patent) and U.S. Patent No. D517,789 (``the `789 patent'').
In the Matter of Certain Rubber Antidegradants, Components Thereof, and Products Containing Same; Notice Regarding Remand Proceeding
This notice clarifies that the parties to the remand proceeding which was the subject of the Commission's June 3, 2008, notice and order are complainant Flexsys America L.P., respondents Sinorgchem Co. and Sovereign Chemical Company, and the Commission investigative attorney.
Non-Malleable Cast Iron Pipe Fittings From China
The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on non-malleable cast iron pipe fittings from China 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).
Certain Lightweight Thermal Paper From China and Germany
The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-451 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation Nos. 731-TA- 1126-1127 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) 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 subsidized imports from China and less-than-fair-value imports from China and Germany of certain lightweight thermal paper, provided for in subheadings 4811.90.80 and 4811.90.90 of the Harmonized Tariff Schedule of the United States.\1\
In the Matter of Certain Hard Disk Drives, Components Thereof, and Products Containing the Same; Notice of Commission Determination Not To Review Initial Determination Granting Complainants' Motion To Terminate the Investigation Based on Withdrawal of the Complaint
Notice is hereby given that the U.S. International Trade Commission has determined not to review the initial determination (``ID'') (Order No. 17) of the presiding administrative law judge (``ALJ'') granting complainants' motion to terminate the investigation based on withdrawal of the complaint in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'').
In the Matter of Certain Digital Cameras and Component Parts Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of a Settlement Agreement
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. 13) granting the joint motion to terminate the captioned investigation based on a settlement agreement.
In the Matter of Certain Pesticides and Products Containing Clothianidin; Notice of Commission Determination Not To Review an Initial Determination of the Administrative Law Judge Terminating the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review the initial determination (``ID'') (Order No. 5) of the presiding administrative law judge (``ALJ'') terminating the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'').
Steel Concrete Reinforcing Bar From Turkey
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 steel concrete reinforcing bar from Turkey 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 Semiconductor Devices, DMA Systems, and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation on the Basis of a Settlement Agreement
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. 73) granting the joint motion to terminate the above-captioned investigation based on a settlement agreement.
Sodium Metal From France
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1135 (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 France of sodium metal, provided for in subheading 2805.11.00 of the Harmonized Tariff Schedule of the United States.\1\
In the Matter of Certain Rubber Antidegradants, Components Thereof, and Products Containing Same; Remand of Investigation to Presiding Administrative Law Judge; Rescission of Limited Exclusion Order
Notice is hereby given that the U.S. International Trade Commission has determined to remand the above-captioned investigation to the presiding administrative law judge (``ALJ'') for proceedings consistent with the December 21, 2007 judgment of the U.S. Court of Appeals for the Federal Circuit in Sinorgchem Co., Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007). The Commission has also determined to rescind the limited exclusion order previously issued in this investigation.
In the Matter of Certain Personal Computer/Consumer Electronic Convergent Devices, Components Thereof, and Products Containing Same; Notice of Determination Not To Review an Initial Determination Granting Complainant's Motion To Terminate the Investigation 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'') (Order No. 30) in the above-referenced investigation granting complainant's motion to terminate the investigation based on withdrawal of the complaint.
In the Matter of Certain Automotive Parts; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 2, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ford Global Technologies, LLC of Dearborn, Michigan. 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 automotive parts that infringe on U.S. Design Patent Nos. D498,444; D501,162; D510,551; D508,223; D500,717; D539,448; D500,969; and D500,970. 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.
Ferrovanadium From China and South Africa
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 antidumping duty orders on ferrovanadium from China and South Africa 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).
Polyvinyl Alcohol from China, Japan, and Korea
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 polyvinyl alcohol from China, Japan, and Korea 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 July 22, 2008. Comments on the adequacy of responses may be filed with the Commission by August 15, 2008. 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).
Saccharin From China
The Commission hereby gives notice that it has instituted a review 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 order on saccharin from China 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 July 22, 2008. Comments on the adequacy of responses may be filed with the Commission by August 15, 2008. 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 Coaxial Cable Connectors and Components Thereof and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 28, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of John Mezzalingua Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York. A letter amending the complaint was filed on May 19, 2008. The complaint, as amended, 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 coaxial cable connectors and components thereof and products containing same that infringe certain claims of U.S. Patent No. 6,558,194, U.S. Patent No. 5,470,257, U.S. Patent No. D440,539, and U.S. Patent No. D519,076. 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 Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (IV); Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 21, 2008, 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. A supplement to the complaint was filed on May 14, 2008. 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 semiconductor chips with minimized chip package size and products containing same that infringe certain claims of U.S. Patent No. 5,679,977, U.S. Patent No. 5,852,326 and U.S. Patent No. 6,433,419. 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 Short Wavelength Semiconductor Lasers and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint to Add Five Additional Respondents
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 6) issued by the presiding administrative law judge (``ALJ'') granting a motion to file an amended complaint adding five additional respondents in the above-captioned investigation.
Andean Trade Preference Act: Impact on the U.S. Economy and on Andean Drug Crop Eradication
Section 206 of the ATPA (19 U.S.C. 3204) requires the Commission to report biennially to the Congress by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers, as well as on the effectiveness of the Act in promoting drug-related crop eradication and crop substitution efforts by beneficiary countries. This series of biennial reports was instituted as investigation No. 332-352, Andean Trade Preference Act: Impact on the U.S. Economy and on Andean Drug Crop Eradication. The Commission has scheduled a public hearing for its 2008 ATPA report, covering calendar year 2007, for July 22, 2008.
In the Matter of Certain Unified Communications Systems, Products Used With Such Systems, and Components Thereof; Notice of Commission Decision to Reverse-in-Part and Modify-in-Part a Final Initial Determination Finding a Violation of Section 337 and Termination of the Investigation With a Finding of No Violation
Notice is hereby given that the U.S. International Trade Commission has determined to reverse-in-part and modify-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ''). The Commission has determined that there is no violation of section 337 in the above-captioned investigation.
In the Matter of Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 18, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LSI Corporation of Milpitas, California and Agere Systems Inc. of Allentown, Pennsylvania. 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 semiconductor integrated circuits using tungsten metallization and products containing same that infringe claim 1 of U.S. Patent No. 5,227,335. 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 cease and desist orders.
In the Matter of Certain Dynamic Random Access Memory Devices and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of a Settlement Agreement
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. 19) granting the joint motion to terminate the captioned investigation based on a settlement agreement.
In the Matter of Certain Digital Multimeters, and Products With Multimeter Functionality; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order and cease and desist orders directed to two defaulting domestic respondents in the above- identified investigation. The investigation is terminated.
Silicon Metal From Russia
The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on silicon metal from Russia 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).
Steel Concrete Reinforcing Bar From Turkey
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 steel concrete reinforcing bar from Turkey 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 Hand-Held Meat Tenderizers; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 14, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Jaccard Corporation of Orchard Park, New York. A supplement to the complaint was filed on May 6, 2008. 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 hand-held meat tenderizers by reason of infringement of U.S. Trademark Registration No. 1,172,879 and also by reason of infringement of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complaint further alleges that there exists an industry in the United States with respect to the asserted intellectual property rights. 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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