67364 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 

1For purposes of these investigations, the 

Department of Commerce has defined the subject 

merchandise as all live swine from Canada except 

breeding swine. Live swine are defined as fourlegged, monogastric (single-chambered stomach), 

and litter-bearing (litters typically range from 8 to 

12 animals), of the species sus scrofa domesticus. 

This merchandise is currently provided for in HTS 

statistical reporting numbers 0103.91.0010, 

0103.91.0020, 0103.91.0030, 0103.92.0010, and 

0103.92.0090.

public inspection at the Office of the 

Secretary. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. § 1337), and in 

section 210.16(c) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

§ 210.16(c)).

Issued: November 10, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–25499 Filed 11–16–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–512] 

Certain Light-Emitting Diodes and 

Products Containing Same; Notice of 

Commission Decision not to Review an 

Initial Determination Amending the 

Complaint and Notice of Investigation

AGENCY: International Trade 

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 

judge’s (‘‘ALJ’s’’) initial determination 

(‘‘ID’’) (Order No. 13) amending the 

complaint and notice of investigation to 

add additional claims of three asserted 

patents.

FOR FURTHER INFORMATION CONTACT:

Wayne Herrington, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3090. Copies of the public version 

of the ALJ’s ID and all other 

nonconfidential documents filed in 

connection with this investigation are or 

will be available for inspection during 

official business hours (8:45 a.m. to 5:15 

p.m.) in the Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone 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. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810.

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on June 10, 2004, based on a complaint 

filed by OSRAM GmbH and OSRAM 

Opto Semiconductors GmbH, both of 

Germany. 69 FR 32609 (June 10, 2004). 

The complaint, as supplemented, 

alleged violations of section 337 of the 

Tariff Act of 1930 in the importation 

into the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain light-emitting diodes and 

products containing same by reason of 

infringement of claims 1, 3, 6, 7, and 

10–13 of U.S. Patent No. 6,066,861; 

claims 1, 3, 6, 7, 10–13, and 15 of U.S. 

Patent No. 6,245,259; claims 1–2, 6–7, 

11–12, and 15 of U.S. Patent No. 

6,277,301 (‘‘the ’301 patent’’); claims 1, 

5–10, and 13–16 of U.S. Patent No. 

6,376,902; claims 1 and 5–8 of U.S. 

Patent No. 6,469,321; claims 1, 5–8, 10–

13, and 16–19 of U.S. Patent No. 

6,573,580; claim 4 of U.S. Patent No. 

6,576,930 (‘‘the ’930 patent’’); claims 2–

5, 7, and 10 of U.S. Patent No. 

6,592,780; and claims 1, 3, 6–7, 10, 12–

15, 17, and 21 of U.S. Patent No. 

6,613,247 (‘‘the ’247 patent’’). The 

complaint and notice of investigation 

named three respondents, including 

respondent Dominant Semiconductors 

Sdn. Bhd. (‘‘Dominant’’). The 

investigation has been terminated as to 

the other two respondents. 

On August 11, 2004, the Commission 

issued notice that it had determined not 

to review the ALJ’s initial determination 

amending the complaint and notice of 

investigation to assert claims 1–3 and 5 

of U.S. Patent No. 6,716,673 against 

Dominant. 

On October 5, 2004, complainants 

filed a motion pursuant to Commission 

rule 210.14 to amend the complaint and 

notice of investigation to assert claims 

2–3 of the ’930 patent, claim 14 of the 

’301 patent, and claims 11 and 20 of the 

’247 patent against Dominant, 

representing that Dominant did not 

oppose the motion. The Commission 

investigative attorney supported the 

motion. On October 19, 2004, the ALJ 

issued the subject ID granting 

complainants’ motion. No petitions for 

review of the ID were filed. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42).

Issued: November 12, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–25498 Filed 11–16–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigations Nos. 701–TA–438 (Final) and 

731–TA–1076 (Final)] 

Live Swine From Canada

AGENCY: United States International 

Trade Commission.

ACTION: Scheduling of the final phase of 

countervailing duty and antidumping 

investigations. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of countervailing duty 

investigation No. 701–TA–438 (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 No. 731–TA–1076 (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 lessthan-fair-value and allegedly subsidized 

imports from Canada of live swine, 

provided for in subheadings 0103.91.00 

and 0103.92.00 of the Harmonized Tariff 

Schedule of the United States (HTS).1

For further information concerning 

the conduct of this phase of the 

investigations, 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).

DATES: Effective October 20, 2004.

FOR FURTHER INFORMATION CONTACT:

Michael Szustakowski (202–205–3188), 

Office of Investigations, U.S. 

International Trade Commission, 500 E 

Street SW., Washington, DC 20436. 

Hearing-impaired 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://

Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 67365

2Section 207.21(b) of the Commission’s rules 

provides that, where the Department of Commerce 

has issued a negative preliminary determination, 

the Commission will publish a Final Phase Notice 

of Scheduling upon receipt of an affirmative final 

determination from Commerce.

www.usitc.gov). The public record for 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

Background. The final phase of these 

investigations is being scheduled as a 

result of an affirmative preliminary 

determination by the Department of 

Commerce that live swine 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 

investigations were requested in a 

petition filed on March 5, 2004, by the 

National Pork Producers Council and 

numerous state associations and 

individual pork producers. 

Although the Department of 

Commerce has preliminarily determined 

that imports of live swine from Canada 

are not being and are not likely to be 

subsidized, for purposes of efficiency 

the Commission hereby waives rule 

207.21(b) 2 so that the final phase of the 

investigations may proceed 

concurrently in the event that 

Commerce makes a final affirmative 

determination with respect to such 

imports.

Participation in the investigations 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 these 

investigations 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 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

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 these investigations 

available to authorized applicants under 

the APO issued in the investigations, 

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 

investigations. A party granted access to 

BPI in the preliminary phase of the 

investigations 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 these 

investigations will be placed in the 

nonpublic record on February 22, 2005, 

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 these investigations beginning 

at 9:30 a.m. on March 8, 2005, 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 February 25, 2005. 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 March 2, 2005, 

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 March 1, 2005. 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 deadline for 

filing posthearing briefs is March 15, 

2005; 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 investigations may submit a 

written statement of information 

pertinent to the subject of the 

investigations, including statements of 

support or opposition to the petition, on 

or before March 15, 2005. On March 30, 

2005, 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 April 1, 2005, 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 

investigations must be served on all 

other parties to the investigations (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: These investigations are 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.

Issued: November 12, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–25496 Filed 11–16–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigations Nos. 701–TA–439–440 

(Final) and 731–TA–1077–1080 (Final)] 

Polyethylene Terephthalate Resin 

From India, Indonesia, Taiwan, and 

Thailand

AGENCY: United States International 

Trade Commission.