International Trade Commission August 10, 2009 – Federal Register Recent Federal Regulation Documents

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701-TA-468 (Preliminary) and antidumping duty investigation Nos. 731-TA-1166-1167 (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 and Mexico of certain magnesia carbon bricks (``MCB''), provided for in subheadings 6902.10.10, 6902.10.50, 6815.91.00 and 6815.99.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China, and 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) 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 these investigations in 45 days, or in this case by September 14, 2009. The Commission's views are due at Commerce within five business days thereafter, or by September 21, 2009.

Notice is hereby given that the U.S. International Trade Commission has determined to reverse the conclusion reached in the Remand Determination (``RID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation that the only remaining asserted claim of U.S. Patent No. 5,559,276 (``the `276 patent'') is not obvious. The Commission finds that the claim would have been obvious to one of ordinary skill in the art and is therefore invalid. The Commission affirms the RID's conclusion that the asserted claim was not anticipated.