Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60423

1For purposes of this investigation, the 

Department of Commerce has defined the subject 

merchandise, tissue paper products and crepe paper 

products, as follows: ‘‘The tissue paper products

subject to investigation are cut-to-length sheets of 

tissue paper having a basis weight not exceeding 29 

grams per square meter. Tissue paper products 

subject to this investigation may or may not be 

bleached, dye-colored, surface-colored, glazed, 

surface decorated or printed, sequined, crinkled, 

embossed, and/or die cut. The tissue paper subject 

to this investigation is in the form of cut-to-length 

sheets of tissue paper with a width equal to or 

greater than one-half (0.5) inch. Subject tissue paper 

may be flat or folded, and may be packaged by 

banding or wrapping with paper or film, by placing 

in plastic or film bags, and/or by placing in boxes 

for distribution and use by the ultimate consumer. 

Packages of tissue paper subject to this investigation 

may consist solely of tissue paper of one color and/

or style, or may contain multiple colors and/or 

styles. Excluded from the scope of this investigation 

are the following tissue paper products: (1) Tissue 

paper products that are coated in wax, paraffin, or 

polymers, of a kind used in floral and food service 

applications; (2) tissue paper products that have 

been perforated, embossed, or die-cut to the shape 

of a toilet seat, i.e., disposable sanitary covers for 

toilet seats; (3) toilet or facial tissue stock, towel or 

napkin stock, paper of a kind used for household 

or sanitary purposes, cellulose wadding, and webs 

of cellulose fibers.’’

‘‘Crepe paper products subject to investigation 

have a basis weight not exceeding 29 grams per 

square meter prior to being creped and, if 

appropriate, flame-proofed. Crepe paper has a finely 

wrinkled surface texture and typically but not 

exclusively is treated to be flame-retardant. Crepe 

paper is typically but not exclusively produced as 

streamers in roll form and packaged in plastic bags. 

Crepe paper may or may not be bleached, dyecolored, surface-colored, surface decorated or 

printed, glazed, sequined, embossed, die-cut, and/

or flame-retardant. Subject crepe paper may be 

rolled, flat or folded, and may be packaged by 

banding or wrapping with paper, by placing in 

plastic bags, and/or by placing in boxes for 

distribution and use by the ultimate consumer. 

Packages of crepe paper subject to this investigation 

may consist solely of crepe paper of one color and/

or style, or may contain multiple colors and/or 

styles.’’

of U.S. Patent No. 5,713,292 (the ‘292 

patent); and claims 16, 19, 35 and 38 of 

U.S. Patent No. 6,0079,343 (the ‘343 

patent). The complaint names as 

respondents Esquel Apparel, Inc. and 

Esquel Enterprises Limited (collectively 

‘‘Esquel.’’) 

On September 1, 2004, TAL filed a 

motion to amend the complaint and 

notice of institution to correct the list of 

asserted claims as follows: (1) For the 

‘779 patent, claims 1, 4, 20 and 23 are 

being asserted, while claim 22 is not 

being asserted; (2) for the ‘615 patent, 

claims 1, 11, 19 and 27 are being 

asserted, while claim 26 is not being 

asserted; (3) for the ‘292 patent, claims 

1, 3, 13 and 15 are being asserted, while 

claim 16 is not being asserted; and (4) 

for the ‘343 patent, claims 16, 19, 35 and 

37 are being asserted, while claim 38 is 

not being asserted. TAL also moved to 

amend the complaint to assert claims 

39, 41, 49 and 51 of an additional 

related patent, U.S. Patent No. 5,775,394 

(the ‘394 patent.) 

The Commission investigative 

attorney supported the motion to amend 

the complaint in all respects. Esquel did 

not oppose the amendment of the 

complaint to clarify the asserted claims 

of the originally named patents, but it 

did oppose the amendment to add the 

allegations concerning the ‘394 patent, 

unless the target date for completion of 

the investigation were extended. 

On September 15, 2004, the presiding 

administrative law judge issued an ID 

(Order No. 4) granting TAL’s motion to 

amend the complaint. He found that an 

extension of the target date is not 

warranted at this time. No petitions for 

review of the ID were filed. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, 19 U.S.C. 1337, and § 210.42(h) 

of the Commission Rules of Practice and 

Procedure, 19 CFR 210.42(h).

By order of the Commission.

Issued: October 4, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–22693 Filed 10–7–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1070 (Final)] 

Certain Tissue Paper Products and 

Crepe Paper Products From China

AGENCY: United States International 

Trade Commission.

ACTION: Scheduling of the final phase of 

an antidumping investigation. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping investigation No. 

731–TA–1070 (Final) under section 

735(b) of the Tariff Act of 1930 (19 

U.S.C. 1673d(b)) (the Act) to determine 

whether industries in the United States 

are materially injured or threatened 

with material injury, or the 

establishment of industries in the 

United States are materially retarded, by 

reason of less-than-fair-value imports 

from China of certain tissue paper 

products and certain crepe paper 

products, provided for in subheadings 

4802.30; 4802.54; 4802.61; 4802.62; 

4802.69; 4804.39; 4806.40; 4808.30; 

4808.90; 4811.90; 4823.90; 4820.50.00; 

4802.90.00; 4805.91.90; and 9505.90.40 

(tissue paper products) and subheadings 

4802.30; 4802.54; 4802.61; 4802.62; 

4802.69; 4804.39; 4806.40; 4808.30; 

4808.90; 4811.90; 4818.90; 4823.90; and 

9505.90.40 (crepe paper products) of the 

Harmonized Tariff Schedule of the 

United States.1

For further information concerning 

the conduct of this phase of the 

investigation, hearing procedures, 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 C (19 CFR part 207).

EFFECTIVE DATE: September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Fred 

Forstall ((202) 205–3443), Office of 

Industries, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 

(202) 205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at (202) 205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http://

www.usitc.gov). The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

Background. The final phase of this 

investigation is being scheduled as a 

result of affirmative preliminary 

determinations by the Department of 

Commerce that imports of certain tissue 

paper products and certain crepe paper 

products from China are being sold in 

the United States at less than fair value 

within the meaning of section 733 of the 

Act (19 U.S.C. 1673b). The investigation 

was requested in a petition filed on 

February 17, 2004, by Seaman Paper 

Company of Massachusetts, Inc.; 

American Crepe Corp.; Eagle Tissue 

LLC; Flower City Tissue Mills Co.; 

Garlock Printing & Converting, Inc.; 

Paper Service Ltd.; Putney Paper Co., 

Ltd.; and the Paper, Allied-Industrial, 

Chemical and Energy Workers 

International Union AFL–CIO, CLC. 

Participation in the investigation and 

public service list. Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of this 

investigation as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigation need not file an additional 

notice of appearance during this final 

phase. The Secretary will maintain a 

60424 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

public service list containing the names 

and addresses of all persons, or their 

representatives, who are parties to the 

investigation. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list. Pursuant to section 

207.7(a) of the Commission’s rules, the 

Secretary will make BPI gathered in the 

final phase of this investigation 

available to authorized applicants under 

the APO issued in the investigation, 

provided that the application is made 

no later than 21 days prior to the 

hearing date specified in this notice. 

Authorized applicants must represent 

interested parties, as defined by 19 

U.S.C. 1677(9), who are parties to the 

investigation. A party granted access to 

BPI in the preliminary phase of the 

investigation need not reapply for such 

access. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Staff report. The prehearing staff 

report in the final phase of this 

investigation will be placed in the 

nonpublic record on November 24, 

2004, and a public version will be 

issued thereafter, pursuant to section 

207.22 of the Commission’s rules. 

Hearing. The Commission will hold a 

hearing in connection with the final 

phase of this investigation beginning at 

9:30 a.m. on December 9, 2004, at the 

U.S. International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before December 2, 2004. A nonparty 

who has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on December 6, 

2004, at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), and 

207.24 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

days prior to the date of the hearing. 

Written submissions. Each party who 

is an interested party shall submit a 

prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is December 2, 2004. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadlines for 

filing posthearing briefs are December 

16, 2004 (for certain crepe paper 

products), and January 5, 2005 (for 

certain tissue paper products); witness 

testimony must be filed no later than 

three days before the hearing. In 

addition, any person who has not 

entered an appearance as a party to the 

investigation may submit a written 

statement of information pertinent to 

the subject of the investigation, 

including statements of support or 

opposition to the petition, on or before 

December 16, 2004 (for certain crepe 

paper products), or January 5, 2005 (for 

certain tissue paper products). On 

January 3, 2005 (for certain crepe paper 

products), and March 1, 2005 (for 

certain tissue paper products), the 

Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before January 5, 2005 (for certain crepe 

paper products), and March 3, 2005 (for 

certain tissue paper products), but such 

final comments must not contain new 

factual information and must otherwise 

comply with section 207.30 of the 

Commission’s rules. All written 

submissions must conform with the 

provisions of section 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigation must be served on all other 

parties to the investigation (as identified 

by either the public or BPI service list), 

and a certificate of service must be 

timely filed. The Secretary will not 

accept a document for filing without a 

certificate of service.

Authority: This investigation is being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules.

By order of the Commission.

Issued: October 4, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–22694 Filed 10–7–04; 8:45 am] 

BILLING CODE 7020–02–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

[TA-W–55,582] 

American Falcon Corporation, Auburn, 

ME; Notice of Termination of 

Investigation 

Pursuant to section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on 

September 10, 2004 in response to a 

petition filed by a company official on 

behalf of workers at American Falcon 

Corporation, Auburn, ME. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated.

Signed at Washington, DC this 23rd day of 

September, 2004. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance.

[FR Doc. E4–2543 Filed 10–7–04; 8:45 am] 

BILLING CODE 4510–30–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

[TA–W–55,585] 

Blue Ridge Paper Products, 

Morristown, NJ; Notice of Termination 

of Investigation 

Pursuant to section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on 

September 10, 2004 in response to a 

petition filed by a state agency 

representative on behalf of workers at 

Blue Ridge Paper Products, Morristown, 

New Jersey. 

All workers were separated from the 

subject facility more than one year 

before the date of the petition. Section 

223 (b) of the Act specifies that no 

certification may apply to any worker 

whose last separation occurred more 

than one year before the date of the 

petition. Consequently, further