49890 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Joshua Kaplan (202–205–3184), Office 

of Investigations, 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 

these investigations may be viewed on 

the Commission’s electronic docket 

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

SUPPLEMENTARY INFORMATION: 

Background.—These investigations 

are being instituted in response to a 

petition filed on September 23, 2009, by 

Nucor Fastener Division, St. Joe, IN. 

Participation in the investigations and 

public service list.—Persons (other than 

petitioners) wishing to participate in the 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

sections 201.11 and 207.10 of the 

Commission’s rules, not later than seven 

days after publication of this notice in 

the Federal Register. Industrial users 

and (if the merchandise under 

investigation is sold at the retail level) 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to these investigations 

upon the expiration of the period for 

filing entries of appearance. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in these investigations 

available to authorized applicants 

representing interested parties (as 

defined in 19 U.S.C. 1677(9)) who are 

parties to the investigations under the 

APO issued in the investigations, 

provided that the application is made 

not later than seven days after the 

publication of this notice in the Federal 

Register. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Conference.—The Commission’s 

Director of Investigations has scheduled 

a conference in connection with these 

investigations for 9:30 a.m. on October 

14, 2009, at the U.S. International Trade 

Commission Building, 500 E Street, 

SW., Washington, DC. Parties wishing to 

participate in the conference should 

contact Joshua Kaplan (202–205–3184) 

not later than October 9, 2009, to 

arrange for their appearance. Parties in 

support of the imposition of 

antidumping and/or countervailing 

duties in these investigations and 

parties in opposition to the imposition 

of such duties will each be collectively 

allocated one hour within which to 

make an oral presentation at the 

conference. A nonparty who has 

testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the conference. 

Written submissions.—As provided in 

sections 201.8 and 207.15 of the 

Commission’s rules, any person may 

submit to the Commission on or before 

October 19, 2009, a written brief 

containing information and arguments 

pertinent to the subject matter of the 

investigations. Parties may file written 

testimony in connection with their 

presentation at the conference no later 

than three days before the conference. If 

briefs or written testimony contain BPI, 

they must 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). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II (C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the 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 207.12 of the 

Commission’s rules. 

By order of the Commission. 

Issued: September 24, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–23501 Filed 9–28–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–636] 

In the Matter of Certain Laser 

Imageable Lithographic Printing 

Plates: Notice of Commission 

Determination To Review in Part an 

Initial Determination Finding 

Respondents in Violation of Section 

337 and on Review To Affirm the 

Administrative Law Judge’s 

Determination That There Is a Violation 

of Section 337; Schedule for Briefing 

on the Issues on Review and on 

Remedy, Public Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: The United States 

International Trade Commission hereby 

provides notice that it has determined to 

review in part the final initial 

determination (‘‘ID’’) issued by the 

presiding administrative law judge 

(‘‘ALJ’’) finding a violation of section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337) by the remaining respondents in 

the above-captioned investigation. 

Specifically, the Commission has 

determined to modify the ALJ’s claim 

construction analysis, but to affirm the 

ALJ’s determination of violation of 

section 337. Notice is further given that 

the Commission is requesting briefing 

on remedy, the public interest, and 

bonding with respect to the respondents 

found in violation. 

FOR FURTHER INFORMATION CONTACT: Paul 

M. Bartkowski, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5432. 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49891 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: This 

investigation was instituted on March 7, 

2008, based on a complaint filed by 

Presstek, Inc. (‘‘Presstek’’) of Hudson, 

New Hampshire. The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain laser imageable lithographic 

printing plates that infringe certain 

claims of U.S. Patent Nos. 5,339,737 

(‘‘the ‘737 patent’’) and 5,487,338 (‘‘the 

‘338 patent’’) and U.S. Trademark Reg. 

No. 1,711,005 (‘‘the ‘005 trademark’’). 

All assertions relating to the ‘005 

trademark were subsequently 

terminated from the investigation. 

Certain respondents have been 

terminated from the investigation, and 

the remaining respondents are VIM 

Technologies, Ltd., Hanita Coatings 

RCA, Ltd., AteCe Canada, Guaranteed 

Service & Supplies, Inc., Recognition 

Systems, Inc., and Spicers Paper, Inc. 

(hereinafter referred to collectively as 

‘‘Respondents’’). 

On July 24, 2009, the ALJ issued the 

subject ID finding that a violation of 

section 337 has occurred in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain laser imageable lithographic 

printing plates by reason of 

infringement of one or more of claims 1, 

10, and 27 of the ‘737 patent and by 

reason of infringement of one or more of 

claims 20, 21, and 23 of the ‘338 patent. 

Respondents filed a combined 

petition for review of the ID, which 

Presstek and the Commission 

investigative attorney opposed. Having 

reviewed the record of this 

investigation, including Respondents’ 

petition for review and the responses 

thereto, the Commission has determined 

to review certain aspects of the ID 

relating to claim construction. On 

review, the Commission has determined 

to modify the ID by supplementing the 

ALJ’s claim construction analysis for 

reasons that will be provided in the 

Commission’s opinion on remedy, the 

public interest, and bonding, and has 

determined to affirm the ALJ’s 

determination of violation of section 

337. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease-and-desist orders that could 

result in the respondent 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 

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). 

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: The 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. 

Complainants and the IA are also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Complainants are also 

requested to state the dates that the 

patents expire and the HTSUS numbers 

under which the accused products are 

imported. The written submissions and 

proposed remedial orders must be filed 

no later than close of business on 

October 6, 2009. Reply submissions, if 

any, must be filed no later than the close 

of business on October 13, 2009. 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 201.6. 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 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

By order of the Commission. 

Issued September 24, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–23499 Filed 9–28–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–643] 

In the Matter of Certain Cigarettes and 

Packaging Thereof: Notice of 

Commission Final Determination of 

Violation of Section 337; Termination 

of Investigation; Issuance of General 

Exclusion Order 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined that there 

is a violation of 19 U.S.C. 1337 by 

Alcesia SRL (‘‘Alcesia’’) of Moldova in 

the above-captioned investigation and 

has issued a general exclusion order. 

The investigation is terminated. 


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