42324 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 

Background 

On June 30, 2009, a petition was filed 

with the Commission and Commerce by 

Sunbeam Products, Inc. doing business 

as Jarden Consumer Solutions, Boca 

Raton, FL, alleging that an industry in 

the United States is materially injured 

by reason of LTFV imports of woven 

electric blankets from China. 

Accordingly, effective June 30, 2009, the 

Commission instituted antidumping 

duty investigation No. 731–TA–1163 

(Preliminary). Notice of the institution of the 

Commission’s investigation and of a 

public conference to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register of July 7, 2009 (74 FR 

32192). The conference was held in 

Washington, DC, on July 21, 2009, and 

all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. The Commission transmitted its 

determination in this investigation to 

the Secretary of Commerce on August 

14, 2009. The views of the Commission 

are contained in USITC Publication 

4097 (August 2009), entitled Woven 

Electric Blankets from China: 

Investigation No. 731–TA–1163 

(Preliminary). 

By order of the Commission. 

Issued: August 17, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–20109 Filed 8–20–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. NAFTA–103–023] 

Certain Textile Articles Containing 

Rayon and Other Manmade Fibers: 

Effect of Modifications of NAFTA Rules 

of Origin for Goods of Canada and 

Mexico 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of investigation. 

SUMMARY: Following receipt of a request 

on July 30, 2009, from the Office of the 

United States Trade Representative 

(USTR) under authority delegated by the 

President and pursuant to section 103 of 

the North American Free Trade 

Agreement (NAFTA) Implementation 

Act (19 U.S.C. 3313), the Commission 

instituted investigation No. NAFTA– 

103–023, Certain Textile Articles 

Containing Rayon and Other Manmade 

Fibers: Effect of Modifications of 

NAFTA Rules of Origin for Goods of 

Canada and Mexico. 

DATES: 

October 2, 2009: Deadline for filing all 

written submissions. 

On or before November 30, 2009: 

Transmittal of report to the USTR. 

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. 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 https://edis.usitc.gov/ 

edis3-internal/app. 

FOR FURTHER INFORMATION CONTACT: 

Project Leader Andrea Boron (202–205– 

3433 or andrea.boron@usitc.gov) for 

information specific to this 

investigation. For information on the 

legal aspects of this investigation, 

contact William Gearhart of the 

Commission’s Office of the General 

Counsel (202–205–3091 or 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205– 

1819 or margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

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. 

Background: Annex 300–B, Chapter 4, 

and Annex 401 of the NAFTA contain 

the rules of origin for textiles and 

apparel for application of the tariff 

provisions of the NAFTA. These rules 

are set forth for the United States in 

general note 12 to the Harmonized Tariff 

Schedule (HTS). According to the 

USTR’s request letter, U.S. negotiators 

have recently reached agreement in 

principle with representatives of the 

governments of Canada and Mexico on 

proposed modifications to the rules of 

origin of the NAFTA for certain textile 

articles containing rayon and other 

manmade fibers as described in part I of 

the attachment to the letter (for the text 

of the letter and attachment, see the 

Commission’s Web site for this 

investigation at http://www.usitc.gov/ 

secretary/fed_reg_notices/332/). (The 

USTR’s letter also requested 

Commission advice regarding proposed 

modifications to the rules of origin of 

the NAFTA for certain textile articles 

containing acrylic and modacrylic 

staple fibers, described in part II of the 

attachment to the letter. The 

Commission is preparing that advice on 

the same schedule under investigation 

No. NAFTA–103–024, Certain Textile 

Articles Containing Acrylic and 

Modacrylic Fibers: Effect of 

Modifications of NAFTA Rules of Origin 

for Goods of Canada.) 

Section 202(q) of the North American 

Free Trade Agreement Implementation 

Act (the Act) authorizes the President, 

subject to the consultation and layover 

requirements of section 103 of the Act, 

to proclaim such modifications to the 

rules of origin as are necessary to 

implement an agreement with one or 

more of the NAFTA countries pursuant 

to paragraph 2 of section 7 of Annex 

300–B of the Agreement. One of the 

requirements set out in section 103 of 

the Act is that the President obtain 

advice from the United States 

International Trade Commission. The 

request letter asks that the Commission 

provide advice on the probable effect of 

the proposed modifications on U.S. 

trade under the NAFTA, total U.S. trade, 

and on domestic producers of the 

affected articles. The USTR asked that 

the Commission submit its advice to 

USTR by November 30, 2009, and that 

the Commission shortly thereafter issue 

a public version of the report with any 

confidential business information 

deleted. 

Additional information concerning 

the articles and the proposed 

modifications, including a copy of the 

USTR’s request letter, can be obtained 

by accessing the Commission’s Web site 

at http://www.usitc.gov. The current 

NAFTA rules of origin applicable to 

U.S. imports can be found in general 

note 12 of the HTS (see ‘‘General Notes’’ 

link at http://www.usitc.gov/tata/hts/ 

bychapter/index.htm). 

Written Submissions: No public 

hearing is planned. However, interested 

parties are invited to file written 

submissions and other information 

concerning the matters to be addressed 

in this investigation. All written 

submissions should be addressed to the 

Secretary. To be assured of 

consideration by the Commission, 

written submissions related to the 

Commission’s report should be 

submitted at the earliest possible date, 

and should be received not later than 

5:15 p.m., October 2, 2009. All written 

submissions must conform to the 

provisions of section 201.8 of the 

Commission’s Rules of Practice and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 42325 

Procedure (19 CFR 201.8). Section 201.8 

requires that a signed original (or a copy 

so designated) and fourteen (14) copies 

of each document be filed. In the event 

that confidential treatment of a 

document is requested, at least four (4) 

additional copies must be filed, in 

which the confidential information 

must be deleted (see the following 

paragraph for further information 

regarding confidential business 

information). The Commission’s rules 

authorize the filing submissions with 

the Secretary by facsimile or electronic 

means only to the extent permitted by 

section 201.8 of the rules (see Handbook 

on Electronic Filing Procedures, http:// 

www.usitc.gov/docket_services/ 

documents/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding 

electronic filing should contact the 

Secretary (202–205–2000). 

Any submissions that contain 

confidential business information must 

also conform with the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

The Commission may include some or 

all of the confidential business 

information submitted in the course of 

this investigation in the report it sends 

to the USTR and the President. As 

requested by the USTR, the Commission 

will publish a public version of the 

report. However, in the public version, 

the Commission will not publish 

confidential business information in a 

manner that would reveal the operations 

of the firm supplying the information. 

Issued: August 17, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–20107 Filed 8–20–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–565] 

In the Matter of Certain Ink Cartridges 

and Components Thereof; 

Consolidated Enforcement Proceeding 

and Enforcement Proceeding II; Notice 

of Commission Determinations on Civil 

Penalties; Termination of Enforcement 

Proceedings 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to levy 

civil penalties in the above-captioned 

proceeding after finding violations of 

cease and desist orders and a consent 

order issued in the original 

investigation. The Commission has 

terminated the proceedings. 

FOR FURTHER INFORMATION CONTACT: 

Michael Haldenstein, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3041. Copies of all 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 

the matter can be obtained by contacting 

the Commission’s TDD terminal on 202– 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the underlying 

investigation in this matter on March 

23, 2006, based on a complaint filed by 

Epson Portland, Inc. of Oregon; Epson 

America, Inc. of California; and Seiko 

Epson Corporation of Japan 

(collectively, ‘‘Epson’’). 71 FR 14720 

(March 23, 2006). The complaint, as 

amended, alleged violations of section 

337 of the Tariff Act of 1930 (‘‘section 

337’’) in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain ink cartridges and 

components thereof by reason of 

infringement of claim 7 of U.S. Patent 

No. 5,615,957; claims 18, 81, 93, 149, 

164, and 165 of U.S. Patent No. 

5,622,439; claims 83 and 84 of U.S. 

Patent No. 5,158,377; claims 19 and 20 

of U.S. Patent No. 5,221,148; claims 29, 

31, 34, and 38 of U.S. Patent No. 

5,156,472; claim 1 of U.S. Patent No. 

5,488,401; claims 1–3 and 9 of U.S. 

Patent No. 6,502,917; claims 1, 31, and 

34 of U.S. Patent No. 6,550,902; claims 

1, 10, and 14 of U.S. Patent No. 

6,955,422; claim 1 of U.S. Patent No. 

7,008,053; and claims 21, 45, 53, and 54 

of U. S. Patent No. 7,011,397. The 

complaint further alleged that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. The complainants requested that 

the Commission issue a general 

exclusion order and cease and desist 

orders. The Commission named as 

respondents 24 companies located in 

China, Germany, Hong Kong, Korea, and 

the United States. Several respondents 

were terminated from the investigation 

on the basis of settlement agreements or 

consent orders or were found in default. 

On October 19, 2007, after review of 

the ALJ’s final ID, the Commission made 

its final determination in the 

investigation, finding a violation of 

section 337. The Commission issued a 

general exclusion order, a limited 

exclusion order, and cease and desist 

orders directed to several domestic 

respondents. The Commission also 

determined that the public interest 

factors enumerated in 19 U.S.C. 1337(d), 

(f), and (g) did not preclude issuance of 

the aforementioned remedial orders, 

and that the bond during the 

Presidential period of review would be 

$13.60 per cartridge for covered ink 

cartridges. Certain respondents 

appealed the Commission’s final 

determination to the United States Court 

of Appeals for the Federal Circuit 

(‘‘Federal Circuit’’). On January 13, 

2009, the Federal Circuit affirmed the 

Commission’s final determination 

without opinion pursuant to Fed. Cir. R. 

36. Ninestar Technology Co. et al. v. 

International Trade Commission, 

Appeal No. 2008–1201. 

On February 8, 2008, Epson filed two 

complaints for enforcement of the 

Commission’s orders pursuant to 

Commission rule 210.75. Epson 

proposed that the Commission name 

five respondents as enforcement 

respondents. On May 1, 2008, the 

Commission determined that the criteria 

for institution of enforcement 

proceedings were satisfied and 

instituted consolidated enforcement 

proceedings, naming the five following 

proposed respondents as enforcement 

respondents: Ninestar Technology Co., 

Ltd.; Ninestar Technology Company, 

Ltd.; Town Sky Inc. (collectively, the 


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