Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 47617 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review a final initial determination 

(‘‘ID’’) of the presiding administrative 

law judge (‘‘ALJ’’) finding a violation of 

section 337 in the above-captioned 

investigation, and is requesting written 

submissions regarding remedy, bonding, 

and the public interest. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–2310. Copies of non-confidential 

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 at 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 March 4, 2008, based on a complaint 

filed by Sharp Corporation (‘‘Sharp’’) of 

Japan. 73 FR 11678. The complaint, as 

amended and supplemented, alleges 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain liquid crystal 

display devices, products containing 

same, and methods for using the same 

by reason of infringement of certain 

claims of U.S. Patent Nos. 6,879,364; 

6,952,192; 7,304,703; and 7,304,626. 

The complaint further alleges the 

existence of a domestic industry. The 

Commission’s notice of investigation 

named the following respondents: 

Samsung Electronics America, Inc. of 

Korea; Samsung Electronics America, 

Inc. of Ridgefield Park, New Jersey; and 

Samsung Semiconductor, Inc. of San 

Jose, California (collectively 

‘‘Samsung’’). 

On June 12, 2009, the ALJ issued his 

final ID finding a violation of section 

337 by Samsung. He also issued his 

recommendation on remedy and 

bonding during the period of 

Presidential review. On June 29, 2009, 

Samsung and the Commission 

investigative attorney (‘‘IA’’) filed 

petitions for review of the final ID. The 

IA and Sharp filed responses to the 

petitions on July 7, 2009. The 

Commission has determined not to 

review the subject ID. 

In connection with the final 

disposition of this investigation, the 

Commission may issue an order that 

results in the exclusion of the subject 

articles from entry into the United 

States. Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

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 entry for 

consumption, the party 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. No. 2843 (December 1994) 

(Commission Opinion). 

When 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. 

When 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 section 337(j), 19 U.S.C. 1337(j) and 

the 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. 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 remedy, 

the public interest, and bonding, and 

such submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. The 

complainant and the IA are also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Complainant is also 

requested to state the dates that the 

patents at issue expire and the HTSUS 

numbers under which the accused 

articles are imported. The written 

submissions and proposed remedial 

orders must be filed no later than close 

of business on September 16, 2009. 

Reply submissions must be filed no later 

than the close of business on September 

23. No further submissions on 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 

sections 210.42–46 of the Commission’s 

Rules of Practice and Procedure, 19 CFR 

210.42–46. 

By order of the Commission. 

Issued: September 9, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–22179 Filed 9–15–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Foreign Claims Settlement 

Commission 

[F.C.S.C. Meeting Notice No. 6–09] 

Sunshine Act Meeting Notice 

The Foreign Claims Settlement 

Commission, pursuant to its regulations 

(45 CFR Part 504) and the Government 

in the Sunshine Act (5 U.S.C. 552b), 

hereby gives notice in regard to the 

scheduling of meetings for the 


srobinson on DSKHWCL6B1PROD with NOTICES
47618 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 

transaction of Commission business and 

other matters specified, as follows: 

DATE AND TIME: Wednesday, September 

23, 2009, at 11 a.m. 

SUBJECT MATTER: Issuance of Proposed 

Decisions in claims against Albania and 

Libya. 

STATUS: Open. 

All meetings are held at the Foreign 

Claims Settlement Commission, 600 E 

Street, NW., Washington, DC. Requests 

for information, or advance notices of 

intention to observe an open meeting, 

may be directed to: Administrative 

Officer, Foreign Claims Settlement 

Commission, 600 E Street, NW., Room 

6002, Washington, DC 20579. 

Telephone: (202) 616–6975. 

Mauricio J. Tamargo, 

Chairman. 

[FR Doc. E9–22360 Filed 9–14–09; 11:15 am] 

BILLING CODE 4410–01–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 09–17] 

Report on Countries That Are 

Candidates for Millennium Challenge 

Account Eligibility in Fiscal Year 2010 

and Countries That Would Be 

Candidates But for Legal Prohibitions 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice. 

SUMMARY: Section 608(d) of the 

Millennium Challenge Act of 2003 

requires the Millennium Challenge 

Corporation to publish a report that 

identifies countries that are ‘‘candidate 

countries’’ for Millennium Challenge 

Account assistance during FY 2010. The 

report is set forth in full below. 

Dated: September 10, 2009. 

Henry C. Pitney, 

(Acting) Vice President and General Counsel, 

Millennium Challenge Corporation. 

Report on Countries That Are 

Candidates for Millennium Challenge 

Account Eligibility for Fiscal Year 2010 

and Countries That Would Be 

Candidates But for Legal Prohibitions 

This report to Congress is provided in 

accordance with Section 608(a) of the 

Millennium Challenge Act of 2003, 22 

U.S.C. 7701, 7707(a) (Act). 

The Act authorizes the provision of 

Millennium Challenge Account (MCA) 

assistance for countries that enter into 

Compacts with the United States to 

support policies and programs that 

advance the progress of such countries 

achieving lasting economic growth and 

poverty reduction. The Act requires 

Millennium Challenge Corporation 

(MCC) to take a number of steps in 

selecting countries with which MCC 

will seek to enter into a compact, 

including (i) determining the countries 

that will be eligible for MCA assistance 

for fiscal year 2010 (FY10) based on a 

country’s demonstrated commitment to 

(a) just and democratic governance, (b) 

economic freedom, and (c) investing in 

its people; and (ii) considering the 

opportunity to reduce poverty and 

generate economic growth in the 

country. These steps include the 

submission of reports to the 

congressional committees specified in 

the Act and the publication of notices in 

the Federal Register that identify: 

1. The countries that are ‘‘candidate 

countries’’ for MCA assistance for FY10 

based on their per-capita income levels 

and their eligibility to receive assistance 

under U.S. law and countries that 

would be candidate countries but for 

specified legal prohibitions on 

assistance (section 608(a) of the Act); 

2. The criteria and methodology that 

the MCC Board of Directors (Board) will 

use to measure and evaluate the relative 

policy performance of the ‘‘candidate 

countries’’ consistent with the 

requirements of subsections (a) and (b) 

of section 607 of the Act in order to 

select ‘‘MCA eligible countries’’ from 

among the ‘‘candidate countries’’ 

(section 608(b) of the Act); and 

3. The list of countries determined by 

the Board to be ‘‘MCA eligible 

countries’’ for FY10, identification of 

such countries with which the Board 

will seek to enter into compacts, and 

justification for such eligibility 

determination and selection for compact 

negotiation (section 608(d) of the Act). 

This report is the first of three 

required reports listed above. 

Candidate Countries for FY 2009 

The Act requires the identification of 

all countries that are candidates for 

MCA assistance for FY10 and the 

identification of all countries that would 

be candidate countries but for specified 

legal prohibitions on assistance. 

Sections 606(a) and (b) of the Act 

provide that for FY10 a country shall be 

a candidate for the MCA if it: 

• Meets one of the following two 

income level tests: 

Æ Has a per capita income equal to or 

less than the historical ceiling of the 

International Development Association 

eligibility for the fiscal year involved (or 

$1,855 gross national income (GNI) per 

capita for FY10) (the ‘‘low income 

category’’); or 

Æ Is classified as a lower middle 

income country in the then most recent 

edition of the World Development 

Report for Reconstruction and 

Development published by the 

International Bank for Reconstruction 

and Development and has an income 

greater than the historical ceiling for 

International Development Association 

eligibility for the fiscal year involved (or 

$1,856 to $3,855 GNI per capita for 

FY10) (the ‘‘lower middle income 

category’’); and 

Æ Is not ineligible to receive U.S. 

economic assistance under part I of the 

Foreign Assistance Act of 1961, as 

amended, (the ‘‘Foreign Assistance 

Act’’), by reason of the application of 

the Foreign Assistance Act or any other 

provision of law. 

Pursuant to section 606(c) of the Act, 

the Board has identified the following 

countries as candidate countries under 

the Act for FY10. In so doing, the Board 

has anticipated that prohibitions against 

assistance as applied to countries in the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2009 (Div. H, Pub. 

L. 111–8) (FY 2009 SFOAA), will again 

apply for FY10, even though the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act for FY10 has not yet 

been enacted and certain findings under 

other statutes have not yet been made. 

As noted below, MCC will provide any 

required updates on subsequent changes 

in applicable legislation or other 

circumstances that affects the status of 

any country as a candidate country for 

FY10. 

Candidate Countries: Low Income 

Category 

1. Afghanistan 

2. Bangladesh 

3. Benin 

4. Bolivia 

5. Burkina Faso 

6. Burundi 

7. Cambodia 

8. Cameroon 

9. Central African Republic 

10. Chad 

11. Comoros 

12. Dem. Republic of the Congo 

13. Djibouti 

14. Egypt, Arab Rep. 

15. Eritrea 

16. Ethiopia 

17. Gambia 

18. Ghana 

19. Guinea 

20. Guinea Bissau 

21. Guyana 

22. Haiti 

23. Honduras 

24. India 

25. Kenya 

26. Kosovo 


srobinson on DSKHWCL6B1PROD with NOTICES