Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6173 

final ID. On January 5, 2009, 

respondents filed a motion for leave to 

file a reply in support of their petition 

for review of the final ID. On January 9, 

2009, complainants filed an opposition 

to respondents’ motion. On January 15, 

2009, the IA also filed an opposition to 

respondents’ motion. 

Having examined the record of this 

investigation, including the ALJ’s ID 

and the submissions of the parties, the 

Commission has determined to review 

the ALJ’s determination regarding the 

effective filing date of claim 1 of the 

‘276 patent and to affirm his 

determination with additional 

reasoning. In addition, the Commission 

has determined to review the ALJ’s ID 

with regard to whether claim 1 of the 

‘276 patent is invalid for anticipation or 

obviousness with respect to certain 

references and to issue an order 

remanding the investigation to the ALJ 

for further proceedings related to 

anticipation and obviousness with 

respect to those references. The 

Commission has determined not to 

review any other determination in the 

ALJ’s ID. 

To accommodate the remand 

proceedings, the Commission has 

extended the target date of the abovecaptioned investigation to June 1, 2009, 

and instructed the ALJ to make his 

determination on remand by April 1, 

2009. The parties are invited to file 

written submissions on the ALJ’s 

remand determination within fourteen 

days after service of the ALJ’s 

determination and to file responses to 

the written submissions within seven 

days after service of the written 

submissions. The parties should also 

address remedy, the public interest, and 

bonding in their submissions. Finally, 

the Commission has determined to deny 

respondents’ motion for leave to file a 

reply in support of their petition for 

review of the final ID. 

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 are requested to file 

written submissions on the issues 

identified in this notice. 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. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy 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 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 the close of business fourteen days 

after service of the ALJ’s remand 

determination. Reply submissions must 

be filed no later than the close of 

business seven days after service of the 

written submissions. The written 

submissions may be no longer than 50 

pages and the reply submissions may be 

no longer than 25 pages. 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). 

Issued: January 30, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–2426 Filed 2–4–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–394–A & 399– 

A (Second Review) (Remand)] 

Ball Bearings From Japan and the 

United Kingdom 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of remand proceedings. 

SUMMARY: The U.S. International Trade 

Commission (‘‘Commission’’) hereby 

gives notice of the resumption of its 

remand proceedings with respect to its 

affirmative determinations in the fiveyear reviews of the antidumping duty 

orders on ball bearings from Japan and 

the United Kingdom. For further 

information concerning the conduct of 

this proceeding 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, subpart A (19 CFR 

part 207). 


rwilkins on PROD1PC63 with NOTICES
6174 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

DATES: Effective Date: January 30, 2009. 

FOR FURTHER INFORMATION CONTACT: Jim 

McClure, Office of Investigations, 

telephone 202–205–3191, or David 

Goldfine, Office of General Counsel, 

telephone 202–708–5452, 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). 

SUPPLEMENTARY INFORMATION: 

Background. In June 2006, the 

Commission determined that revocation 

of the antidumping duty orders on ball 

bearings from France, Germany, Italy, 

Japan, and the United Kingdom would 

be likely to lead to continuation or 

recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable time. The 

Commission’s determinations for Japan 

and the United Kingdom were appealed 

to the Court of International Trade (the 

‘‘Court’’). On September 9, 2008, the 

Court issued a decision remanding the 

matter to the Commission for further 

proceedings. NSK v. United States, Slip 

Op. 08–95 (Ct. Int’l Trade, Sept. 9, 

2008). In its opinion, the Court issued 

an order instructing the Commission to 

(1) ‘‘conduct a Bratsk analysis of nonsubject imports as outlined in this 

opinion;’’ (2) ‘‘reassess supply 

conditions within the domestic 

industry,’’ i.e., the industry’s 

restructuring efforts during the period of 

review, and (3) ‘‘reexamine its findings 

with regard to likely impact and its 

decision to cumulate imports from the 

United Kingdom in light of changes in 

its determinations that may result as a 

consequence of the foregoing remand 

instructions.’’ 

On October 8, 2008, in accordance 

with the Court’s order, the Commission 

initiated remand proceedings in the 

above-captioned reviews. The notice of 

initiation for the remand proceeding 

was published in the Federal Register at 

73 FR 63217 (Oct. 20, 2008). The 

Commission noted that it was reopening the record to obtain 

information to conduct an analysis of 

non-subject imports as outlined in the 

Court’s opinion. The Commission also 

noted that it was permitting parties to 

file comments pertaining to the specific 

issues that are the subject of the Court’s 

remand instructions and to comment on 

the new information obtained on 

remand. Id. 

On October 9, 2008, the Commission 

filed a motion for reconsideration with 

the Court. In the motion, the 

Commission requested that the Court 

reconsider its decision in light of the 

Federal Circuit’s decision, Mittal Steel 

Point Lisas Limited v. United States, 

Court No. 2007–1552 (September 18, 

2008) (‘‘Mittal’’). In its motion, the 

Commission also requested that the 

Court issue a stay of the remand 

proceeding pending the Court’s 

disposition of the Commission’s motion 

for reconsideration. DefendantIntervenor The Timken Company 

(‘‘Timken’’) filed a similar motion for 

reconsideration and a motion to stay the 

remand proceeding. 

On October 29, 2008, the Court 

granted the requests of the Commission 

and Timken to stay the Commission’s 

remand proceeding pending its 

reconsideration of the Commission’s 

and Timken’s motions for 

reconsideration. Accordingly, the 

Commission stayed its remand 

proceeding on November 17, 2008 

pending the Court’s ruling on the 

motions for reconsideration. 

On December 29, 2008, the Court 

denied the motions for reconsideration 

by the Commission and Timken. The 

Court has ordered the Commission to 

file its remand determination with the 

Court by May 4, 2009. Accordingly, the 

Commission is hereby resuming the 

remand proceeding in this review and 

announcing an amended schedule for 

the proceeding, as set forth herein. 

Participation in the proceeding. Only 

those persons who were interested 

parties to the reviews (i.e., persons 

listed on the Commission Secretary’s 

service list) and parties to the appeal 

may participate in the remand 

proceeding. Such persons need not 

make any additional filings with the 

Commission to participate in the 

remand proceeding. Business 

proprietary information (‘‘BPI’’) referred 

to during the remand proceeding will be 

governed, as appropriate, by the 

administrative protective order issued 

in the reviews. 

Written submissions. The Commission 

is re-opening the record in this 

proceeding to obtain information to 

conduct an analysis of non-subject 

imports as outlined in the Court’s 

opinion. The Commission will permit 

the parties to file comments pertaining 

to the specific issues that are the subject 

of the Court’s remand instructions and, 

in this regard, may comment on the new 

information obtained on remand. 

Comments should be limited to no more 

than fifteen (15) double-spaced and 

single-sided pages of textual material. 

The parties may not themselves submit 

any new factual information in their 

comments and may not address any 

issue other than those that are the 

subject of the Court’s remand 

instructions. Any such comments must 

be filed with the Commission no later 

than March 23, 2009. 

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 (Nov. 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

remand proceeding must be served on 

all other parties to the remand 

proceeding (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. 

Parties are also advised to consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subpart A (19 CFR part 207) for 

provisions of general applicability 

concerning written submissions to the 

Commission. 

Issued: January 30, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–2402 Filed 2–4–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–654] 

In the Matter of Certain Peripheral 

Devices and Components Thereof and 

Products Containing Same; Notice of 

Commission Determination Not To 

Review an Initial Determination 

Granting a Joint Motion To Terminate 

the Investigation in Its Entirety on the 

Basis of Settlement and Terminating 

the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 


rwilkins on PROD1PC63 with NOTICES