International Trade Commission June 2009 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined not to review an enforcement initial determination (``EID'') of the presiding administrative law judge (``ALJ'') in the above-captioned proceeding finding a violation of cease and desist orders and a consent order. The Commission is requesting briefing on the amount of civil penalties for violation of the orders.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 20, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of UNeMed Corporation of Omaha, Nebraska. Supplements to the Complaint were filed on June 5, 2009, June 8, 2009 and June 10, 2009. The complaint, as supplemented, alleges violations of section 337(a)(1)(A) based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain products advertised as containing creatine ethyl ester by reason of false advertising in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a)(1)(B) and the Nebraska Uniform Deceptive Trade Practices Act, R.R.S. Neb. Sec. 87-302 (2008), the threat or effect of which is to destroy or substantially injure an industry in the United States.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 15, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Red Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, California. The complainants filed a letter supplementing the complaint on June 1, 2009. 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 energy drink products that infringe U.S. Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; and 3,479,607 and U.S. Copyright Registration No. VA0001410959. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-466 and 731-TA-1162 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 wire decking, provided for in subheading 9403.90.8040 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by July 20, 2009. The Commission's views are due at Commerce within five business days thereafter, or by July 27, 2009.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 31) of the presiding administrative law judge (``ALJ'') granting-in-part and denying-in-part complainant's motion for leave 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. 8) issued by the presiding administrative law judge (``ALJ'') in the above-referenced investigation correcting the name of ASUS Computer International in the complaint and notice of investigation.

Notice is hereby given that the U.S. International Trade Commission has determined to review the Remand Determination (``RID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation on April 1, 2009. The Commission has also determined to extend the target date for completion of the investigation to August 3, 2009.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701-TA-464 (Preliminary) and antidumping duty investigation No. 731-TA-1160 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 prestressed concrete steel wire strand (``PC strand''), provided for in subheading 7312.10.30 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and that are alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) and 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by July 13, 2009. The Commission's views are due at Commerce within five business days thereafter, or by July 20, 2009.