40844 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

and the sale within the United States 

after importation of certain active 

comfort footwear that infringes certain 

claims of U.S. Patent No. 6,341,432. 

Complainants named as respondents 

RYN Korea Co., Ltd. of Seoul, Korea 

(RYN); Main d/b/a 

WalkingShoesPlus.com of Los Angeles, 

California (‘‘WalkingShoesPlus’’); and 

Feet First Inc. of Boca Raton, Florida 

(‘‘Feet First’’). The Tannery of 

Cambridge, Massachusetts and A Better 

Way to Health of West Melbourne, 

Florida were subsequently added as 

respondents in the investigation by an 

unreviewed ID. 74 FR 11378 (Mar. 17, 

2009). 

On May 21, 2009, the Commission 

determined not to review an ID (Order 

No. 6) finding WalkingShoesPlus and 

Feet First in default for failure to 

respond to the complaint and notice of 

investigation. 

On July 13, 2009, the ALJ issued the 

subject ID (Order 12), terminating the 

investigation based on a settlement 

agreement as to RYN and withdrawal of 

the complaint as to the remaining 

respondents. No party petitioned for 

review of the subject ID. 

The Commission has determined not 

to review the ID. 

Section 337(g)(1), 19 U.S.C. 1337(g)(1) 

and Commission Rule 210.16(c), 19 

U.S.C. 210.16(c) authorize the 

Commission to order relief against 

respondents found in default unless, 

after consideration of the public 

interest, it finds that such relief should 

not issue. Complainants did not file a 

declaration stating that they were 

seeking a general exclusion order as 

provided in Commission Rule 210.16(c). 

In conjunction with the final 

disposition of this investigation, 

therefore, the Commission may: (1) 

Issue an order that could result in the 

exclusion of articles manufactured or 

imported by the defaulting respondents; 

and/or (2) issue a cease and desist order 

that could result in the defaulting 

respondents being required to cease and 

desist from engaging in unfair acts in 

the importation and sale of such 

articles. Accordingly, the Commission is 

interested in receiving written 

submissions that address the remedy, if 

any, that should be ordered. If a party 

seeks exclusion of an article from entry 

into the United States for purposes other 

than for consumption, they should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. 2843 (Dec. 1994) (Comm’n 

Op.). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) The public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005. 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of the public 

interest, and bonding. Complainants 

and the Commission investigative 

attorney are also requested to submit 

proposed remedial orders for the 

Commission’s consideration. 

Complainants are also requested to state 

the HTSUS numbers under which the 

accused products are imported and the 

date on which the patent at issue 

expires. Main written submissions must 

be filed no later than close of business 

on August 24, 2009. Reply submissions 

must be filed no later than the close of 

business on August 31, 2009. No further 

submissions on any of these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for 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 and 210.42–46 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16; 210.42–46). 

By order of the Commission. 

Issued: August 5, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–19413 Filed 8–12–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–649] 

Notice of Commission Determination 

Not To Review an Initial Determination 

Granting Complainant’s Motion To 

Terminate the Investigation; 

Termination of Investigation; In the 

Matter of Certain Semiconductor Chips 

With Minimized Chip Package Size and 

Products Containing Same (IV) 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 25) of the presiding 

administrative law judge (‘‘ALJ’’) 

granting complainant Tessera, Inc.’s 

motion to terminate the investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 202– 

205–3152. Copies of the 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. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on 202– 

205–1810. General information 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40845 

1Commissioners Irving A. Williamson and Dean 

A. Pinkert dissenting. 

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: On May 

28, 2008, the Commission instituted an 

investigation under section 337 of the 

Tariff Act of 1930, 19 U.S.C. 1337, based 

on a complaint filed by Tessera, Inc. of 

San Jose, California (‘‘Tessera’’), alleging 

a violation of section 337 in the 

importation, sale for importation, and 

sale within the United States after 

importation of certain semiconductor 

chips with minimized chip package size 

and products containing same that 

infringe certain claims of U.S. Patents 

Nos. 5,852,326; 6,433,419; and 

5,679,977. 73 FR 30628 (May 28, 2008). 

The complaint named numerous entities 

as respondents. Subsequently, the 

complaint and Notice of Investigation 

were amended to add U.S. Patent No. 

5,663,106, and the target date for 

completion of this investigation was 

extended. 

On March 12, 2009, complainant 

Tessera moved to terminate the 

investigation based on withdrawal of 

the complaint. On July 17, 2009, the ALJ 

issued Order No. 25 granting the 

motion. No petitions for review were 

filed. The Commission has determined 

not to review the ID. 

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(h) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42(h)). 

By order of the Commission. 

Issued: August 7, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–19411 Filed 8–12–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Investigation No. AA1921–167 (Third 

Review); Pressure Sensitive Plastic 

Tape From Italy 

AGENCY: International Trade 

Commission. 

ACTION: Notice of Commission 

determination to conduct a full five-year 

review concerning the antidumping 

finding on pressure sensitive plastic 

tape from Italy. 

SUMMARY: 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 

finding on pressure sensitive plastic 

tape from Italy 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). 

DATES: Effective Date: August 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Edward Petronzio (202–205–3176), 

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:// 

www.usitc.gov). The public record for 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: On August 

4, 2009, the Commission determined 

that it should proceed to a full review 

in the subject five-year review pursuant 

to section 751(c)(5) of the Act. The 

Commission found that the domestic 

interested party group response to its 

notice of institution (74 FR 20340, May 

1, 2009) was adequate but that the 

respondent interested group response 

was inadequate. The Commission also 

found that other circumstances 

warranted conducting a full review.1 A 

record of the Commissioners’ votes, the 

Commission’s statement on adequacy, 

and any individual Commissioner’s 

statements will be available from the 

Office of the Secretary and at the 

Commission’s Web site. 

Authority: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.62 of the Commission’s rules. 

By order of the Commission. 

Issued: August 7, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–19410 Filed 8–12–09; 8:45 am] 

BILLING CODE 7020–06–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 332–345] 

Shifts in U.S. Merchandise Trade 2008 

AGENCY: United States International 

Trade Commission. 

ACTION: Availability on Commission’s 

Web site of 2009 report on shifts in 

merchandise trade during 2008; 

opportunity to submit written 

comments relating to the 2009 report 

and possible content of the 2010 report. 

SUMMARY: The 2009 report can now be 

accessed and downloaded from the 

Commission’s Web site at http:// 

www.usitc.gov/research_and_analysis/ 

trade_shifts.htm. The format used by the 

Commission since 2004 includes links 

to Commission research and other 

resources including data, as well as 

links to other organizations with related 

information. User feedback on the 

revised format is encouraged by 

providing access to the ITC online 

Reader Satisfaction Survey (http:// 

reportweb.usitc.gov/reader_survey/ 

readersurvey.html). A CD–ROM version 

of the 2008 report may be requested by 

contacting the Office of the Secretary at 

202–205–2000 or by fax at 202–205– 

2104. Readers of the report may also 

provide comments by downloading the 

survey form and business reply mailer 

for this publication from the 

Commission’s Web site. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the United States 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC 20436. All written 

submissions should be addressed to the 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://www.usitc.gov/ 

secretary/edis.htm. 

FOR FURTHER INFORMATION CONTACT: 

Project leader, Jeremy Wise, Office of 

Industries (202–205–3190 or 

jeremy.wise@usitc.gov) or deputy project 

leader Brendan Lynch (202–205–3313 or 

brendan.lynch@usitc.gov). For 

information on the legal aspects, please 

contact William Gearhart, Office of 

General Counsel (202–205–3091 or 


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