52976 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 

‘221 patent; and claim 15 of the ‘985 

patent. 

On August 7, 2009, the ALJ issued a 

final ID finding a violation of section 

337 in this investigation. The ALJ found 

that there was a violation in the sale for 

importation, importation, or sale after 

importation by respondents MHI and 

MPSA with respect to claim 121 of the 

‘039 patent and claim 15 of the ‘985 

patent. The ALJ found that there was no 

violation with respect to these claims by 

MHIA. The ALJ also found that there 

was no violation of section 337 by any 

party with respect to claims 5, 7, and 8 

of the ‘221 patent. 

On August 24, 2009, the parties filed 

three petitions and/or contingent 

petitions for review: (1) MHI, MPSA, 

and MHIA; (2) GE; and (3) the 

Commission investigative attorney. On 

September 1, 2009, each of the parties 

filed responses thereto. 

Having examined the final ID, the 

petitions for review, the responses 

thereto, and the relevant portions of the 

record in this investigation, the 

Commission has determined to review 

the final ID, except the issue of 

importation and the intent finding 

underlying the ALJ’s inequitable 

conduct determination. 

The Commission requests briefing 

based on the evidentiary record on the 

issues on review. The Commission is 

particularly interested in responses to 

the following questions: 

(1) If the Commission were to adopt 

the claim constructions presented to the 

administrative law judge by Mitsubishi 

or the Commission investigative 

attorney, would the Mitsubishi Wind 

Turbines or the GE Wind Turbines 

satisfy these claim constructions under 

the doctrine of equivalents? 

(2) Does the Commission need to 

address the issue of inventorship to 

determine whether GE has standing to 

assert infringement of the ‘985 patent? 

(3) Does claim 15 of the ‘985 patent 

require that the device shunt current 

away from both the inverter and the 

generator rotor? Can the shunt circuit be 

located within the inverter? 

In connection with the final 

disposition of this investigation, the 

Commission may issue (1) an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) cease and 

desist orders that could result in 

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 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 are likely to do so. For 

background information, see the 

Commission Opinion, In the Matter of 

Certain Devices for Connecting 

Computers via Telephone Lines, Inv. 

No. 337–TA–360. 

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 President has 60 days to 

approve or disapprove the 

Commission’s action. During this 

period, the subject articles would be 

entitled to enter the United States under 

a bond, in an amount to be 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. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issues under 

review. The submissions should be 

concise and thoroughly referenced to 

the record in this investigation, 

including references to exhibits and 

testimony. Additionally, the parties to 

the investigation, interested government 

agencies, and any other interested 

persons are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the ALJ’s 

recommended determination on remedy 

and bonding. Complainant and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainant is requested 

to supply the expiration dates of the 

patents at issue 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 on October 22, 2009. 

Reply submissions must be filed no later 

than the close of business on November 

2, 2009. No further submissions will be 

permitted unless otherwise ordered by 

the Commission. 

Persons filing written submissions 

must file with the Office of the Secretary 

the original and 12 true copies thereof 

on or before the deadlines stated above. 

Any person desiring to submit a 

document (or portion thereof) 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 is granted by the Commission 

will be treated accordingly. All 

nonconfidential written submissions 

will be available for public inspection at 

the Office of the Secretary. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and under sections 210.42–.46 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.42–.46). 

Issued: October 8, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–24787 Filed 10–14–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–027] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 19, 2009 at 

11 a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

Matters To Be Considered 

1. Agenda for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Inv. No. 701–TA–460 (Final) (NiResist Piston Inserts from Argentina)— 

briefing and vote. (The Commission is 

currently scheduled to transmit its 

determination and Commissioners’ 

opinions to the Secretary of Commerce 

on or before October 29, 2009.) 

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Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 52977 

5. Outstanding action jackets: none. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission 

Issued: October 8, 2009. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–24906 Filed 10–13–09; 4:15 pm] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 332–505] 

Use of the ‘‘First Sale Rule’’ for 

Customs Valuation of U.S. Imports 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of earlier-than-expected 

transmittal of report to Congress. 

SUMMARY: On January 2, 2009, the 

Commission published a notice in the 

Federal Register (74 FR 119) 

announcing that it had instituted 

investigation No. 332–505, Use of the 

‘‘First Sale Rule’’ for Customs Valuation 

of U.S. Imports, for the purpose of 

preparing the report required by section 

15422(c)(1) of the Food, Conservation, 

and Energy Act of 2008 (Pub. L. 110– 

234). The Commission indicated that it 

expected to transmit its report to 

Congress in February 2010, based on the 

expectation it would receive the last of 

several monthly reports from the 

Commissioner of U.S. Customs and 

Border Protection (CBP) in November 

2009. The Commission received the 

final report from CBP on September 25, 

2009, and now expects to deliver its 

report to Congress by December 23, 

2009. 

DATES: December 23, 2009: New date for 

anticipated transmittal of Commission 

report to Congress. 

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. The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

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

edis.htm. 

FURTHER INFORMATION: For information 

specific to this investigation, contact 

project leader Michael Ferrantino (202– 

205–3241 or 

michael.ferrantino@usitc.gov) or deputy 

project leader Nannette Christ (202– 

205–3263 or nannette.christ@usitc.gov). 

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 site (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: Section 15422(c)(1) of 

the Food, Conservation, and Energy Act 

of 2008 (‘‘2008 Act’’), enacted on May 

22, 2008, requires the Commission to 

submit a report to the House Committee 

on Ways and Means and the Senate 

Committee on Finance that contains 

certain customs transaction valuation 

information compiled by the 

Commission from information furnished 

to the Commission by CBP. Section 

15422(b) of the 2008 Act requires that 

CBP provide monthly reports to the 

Commission. The 2008 Act requires the 

Commission to submit its report 90 days 

after receipt of the final monthly report 

from CBP. On September 25, 2009, the 

Commission received the final monthly 

report from CBP and will transmit its 

report to the Committees on December 

23, 2009. The Commission anticipates 

that the report it sends to the 

Committees in this investigation will be 

made available to the public in its 

entirety. 

By order of the Commission. 

Issued: October 8, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–24793 Filed 10–14–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

[OMB Number 1140–0072] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 30–Day Notice of Information 

Collection Under Review: Revision of a 

currently approved collection, 

Employee Possessor Questionnaire. 

The Department of Justice (DOJ), 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (ATF) will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register 

Volume 72, Number 152, page 39974, on 

August 10, 2009, allowing for a 60-day 

comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until November 16, 2009. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to The Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention: Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to 

(202)–395–7285. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

mstockstill on DSKH9S0YB1PROD with NOTICES