International Trade Commission May 2011 – Federal Register Recent Federal Regulation Documents
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Paper Clips From China; Scheduling of an Expedited Five-Year Review Concerning the Antidumping Duty Order on Paper Clips 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 paper clips 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).
In the Matter of Certain Liquid Crystal Display Devices, Products Containing Same, and Methods for Using the Same; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's initial determination (``ID'') (Order No. 9) granting a joint motion to terminate the investigation.
Orange Juice From Brazil; Notice of Commission Determination To Conduct a Full Five-Year Review Concerning the Antidumping Duty Orderon Orange Juice From Brazil
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 orderon orange juice from Brazil 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).
Brazil: Competitive Factors in Brazil Affecting U.S. and Brazilian Agricultural Sales in Selected Third Country Markets; Institution of Investigation and Scheduling of Hearing
Following receipt on April 26, 2011, of a request from the United States Senate Committee on Finance (Committee) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-524, Brazil: Competitive Factors in Brazil Affecting U.S. and Brazilian Agricultural Sales in Selected Third Country Markets.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Equipment for Communications Networks, Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones, and Products Containing Same, DN 2807; the Commission is soliciting comments on any public interest issues raised by the complaint.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Flip-Top Vials and Products Using the Same, DN 2806; the Commission is soliciting comments on any public interest issues raised by the complaint.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV), DN 2805; the Commission is soliciting comments on any public interest issues raised by the complaint.
In the Matter of Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and 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 April 1, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ogma, LLC of Longview, Texas. An amended complaint was filed on April 26, 2011, and a supplement was filed on May 5, 2011. The amended 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 motion-sensitive sound effects devices and image display devices and components and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,150,947 (``the `947 patent'') and U.S. Patent No. 5,825,427 (``the `427 patent''). The amended 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.
Granular Polytetrafluoroethylene Resin From Italy; Correction of Notice of Scheduling
In a notice published in the Federal Register May 12, 2011 (76 FR 27663), the Commission published a notice of scheduling of an expedited five-year review on an antidumping duty order on granular polytetrafluoroethylene resin from Italy.
Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries; Notice of public hearing and opportunity to submit comments in connection with the 20th report on the economic impact of the Caribbean Basin Economic Recovery Act (CBERA).
Section 215 of the CBERA (19 U.S.C. 2704) requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers and on the economy of the beneficiary countries. This series of biennial reports was instituted as investigation No. 332-227, Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries. The Commission has scheduled a public hearing for its 2011 CBERA report, covering trade during calendar years 2009 and 2010, for June 21, 2011.
In the Matter of Certain Mems Devices and Products Containing Same; Notice of Commission Decision to Affirm-In-Part and Reverse-In-Part a Final Initial Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order; and Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm-in-part and reverse-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding a violation of section 337 by respondents in the above-captioned investigation, and has issued a limited exclusion order directed against products of respondents Knowles Electronics LLC (``Knowles'') of Itasca, Illinois and Mouser Electronics, Inc. (``Mouser'') of Mansfield, Texas.
In the Matter of Certain Starter Motors And Alternators; Notice of Commission Decision Not To Review an Initial Determination Granting Complainants' Unopposed 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. 14) granting complainants' unopposed motion to amend the complaint and notice of investigation to name Yun Sheng USA Inc. of San Francisco, California (``Yun Sheng'') and Electric Motor Services of Logan, West Virginia (``EMS'') as respondents in the above- captioned investigation.
Stainless Steel Plate From Belgium; Termination of Five-Year Review
Effective June 1, 2010, the Department of Commerce (``Commerce'') initiated and the U.S. International Trade Commission (``Commission'') instituted a five-year review concerning the countervailing duty order on stainless steel plate from Belgium (75 FR 30777 and 75 FR 30434). On May 5, 2011, Commerce published notice in the Federal Register of the final results of its full five-year review of the countervailing duty order concerning stainless steel plate from Belgium, finding that revocation of the countervailing duty order would not likely lead to continuation or recurrence of a countervailable subsidy. Therefore, Commerce revoked the countervailing duty order (76 FR 25666). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject review is terminated.
High Pressure Steel Cylinders From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-480 and 731-TA-1188 (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 High Pressure Steel Cylinders, provided for in subheading 7311.00.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value 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 June 24, 2011. The Commission's views are due at Commerce within five business days thereafter, or by July 5, 2011. 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).
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Muzzle- Loading Firearms and Components Thereof, DN 2804; the Commission is soliciting comments on any public interest issues raised by the complaint.
Granular Polytetrafluoroethylene Resin From Italy; Scheduling of an Expedited Five-Year Review Concerning the Antidumping Duty Order on Granular Polytetrafluoroethylene Resin From Italy
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 granular polytetrafluoroethylene resin from Italy 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 Toner Cartridges and Components Thereof; Determination Not To Review an Initial Determination; Issuance of a Consent Order; and Termination of the Investigation
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. 11) granting Complainants' and Respondents' joint motion to terminate the investigation based upon entry of a consent order.
Granular Polytetrafluoroethylene Resin From Italy; Scheduling of an Expedited Five-Year Review Concerning the Antidumping Duty Order on Granular Polytetrafluoroethylene Resin From Italy
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 granular polytetrafluoroethylene resin from Italy 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).
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same, DN 2802; the Commission is soliciting comments on any public interest issues raised by the complaint.
Submission for OMB Review; Comment Request-Agency Proposal for the Collection of Information Submitted to the Office of Management and Budget (OMB) for Review; Comment Request.
In accordance with the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Commission has submitted a proposal for the collection of information to OMB for approval. The proposed information collection is a 3-year extension of the current ``generic clearance'' (approved by the Office of Management and Budget under control No. 3117-0016) under which the Commission can issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for the following types of import injury investigations: antidumping, countervailing duty, escape clause, market disruption, NAFTA safeguard, and ``interference with programs of the USDA.'' Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are objectionable, describing the issue in detail, and including specific revisions or language changes.
In the Matter of Certain Adjustable-Height Beds and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement and Consent Order
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 21) issued by the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the above- captioned investigation based on a settlement agreement and consent order.
In the Matter of Certain Birthing Simulators and Associated Systems; Notice of Commission Determination Not To Review an Initial Determination Finding Both Respondents 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. 5) of the presiding administrative law judge (``ALJ'') finding both respondents in default and is requesting briefing on remedy, public interest, and bonding.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Electronic Devices Having a Digital Television Receiver and Components Thereof, DN 2801; the Commission is soliciting comments on any public interest issues raised by the complaint.
In the Matter of Certain Flash Memory and Products Containing Same; Notice of Commission Decision To Review in Part a Final Determination Finding a Violation of Section 337; Request for Written Submissions
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 initial determination (``ID'') issued on February 28, 2011, finding a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 in the above-captioned investigation.
In The Matter of Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same; Notice of Commission Determination To Extend the Supplemental Briefing Schedule
Notice is hereby given that the U.S. International Trade Commission has determined to extend the supplemental briefing schedule identified in its prior notice issued April 18, 2011 by seven (7) days.
Certain Polyimide Films, Products Containing Same, and Related Methods; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 1, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Kaneka Corporation of Japan. 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 polyimide films, products containing same, and related methods by reason of infringement of certain claims of U.S. Patent No. 6,264,866 (``the `866 patent''); U.S. Patent No. 6,746,639 (``the `639 patent''); U.S. Patent No. 7,018,704 (``the `704 patent''); and U.S. Patent No. 7,691,961 (``the `961 patent''). 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.
Adjudication and Enforcement
The U.S. International Trade Commission is adopting a rule amendment revising a certain provision of the agency's rule for investigations and related proceedings under section 337 of the Tariff Act of 1930. The Supplement to the Strategic Human Capital Plan 2009- 2013 issued by the Commission on January 18, 2011, provides that the Office of Unfair Import Investigations (``OUII'') will not participate in a subset of Section 337 cases and will participate selectively in another subset of cases. In order to better allocate its resources, OUII may have to assign attorneys to investigations on an issue by issue basis. The rule amendment will allow OUII the flexibility to reassign attorneys to cases as necessary without having to publish notices announcing the change in the Federal Register. The new rule will have no substantive effect on Commission practice in conducting Section 337 investigations.
In the Matter of Certain Handbags, Luggage, Accessories, and Packaging Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation To Substitute Respondents and To Add Respondents
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. 6) granting complainant's motion to amend the complaint and notice of investigation.
Gray Portland Cement and Cement Clinker From Japan; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Gray Portland Cement and Cement Clinker From Japan
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 gray portland cement and cement clinker from Japan 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 June 1, 2011. Comments on the adequacy of responses may be filed with the Commission by July 15, 2011. 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), as most recently amended at 74 FR 2847 (January 16, 2009).
Artists' Canvas From China; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Artists' Canvas 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 artists' canvas 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 June 1, 2011. Comments on the adequacy of responses may be filed with the Commission by July 15, 2011. 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), as most recently amended at 74 FR 2847 (January 16, 2009).
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