Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Notices 13513 

1A record of the Commissioners’ votes, the 

Commission’s statement on adequacy, and any 

individual Commissioner’s statements will be 

available from the Office of the Secretary and at the 

Commission’s Web site. 

2The Commission has found the responses 

submitted by Harvard Folding Box Co., Inc., to be 

individually adequate. Comments from other 

interested parties will not be accepted (see 19 CFR 

207.62(d)(2)). 

Office of Investigations, 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). The public record for 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On March 6, 2007, the 

Commission determined that the 

domestic interested party group 

response to its notice of institution (71 

FR 69586, December 1, 2006) of the 

subject five-year review was adequate 

and that the respondent interested party 

group response was inadequate. The 

Commission did not find any other 

circumstances that would warrant 

conducting a full review.1 Accordingly, 

the Commission determined that it 

would conduct an expedited review 

pursuant to section 751(c)(3) of the Act. 

Staff report.—A staff report 

containing information concerning the 

subject matter of the review will be 

placed in the nonpublic record on April 

3, 2007, and made available to persons 

on the Administrative Protective Order 

service list for this review. A public 

version will be issued thereafter, 

pursuant to section 207.62(d)(4) of the 

Commission’s rules. 

Written submissions.—As provided in 

section 207.62(d) of the Commission’s 

rules, interested parties that are parties 

to the review and that have provided 

individually adequate responses to the 

notice of institution,2 and any party 

other than an interested party to the 

review may file written comments with 

the Secretary on what determination the 

Commission should reach in the review. 

Comments are due on or before April 6, 

2007, and may not contain new factual 

information. Any person that is neither 

a party to the five-year review nor an 

interested party may submit a brief 

written statement (which shall not 

contain any new factual information) 

pertinent to the review by April 6, 2007. 

However, should the Department of 

Commerce extend the time limit for its 

completion of the final results of its 

review, the deadline for comments 

(which may not contain new factual 

information) on Commerce’s final 

results is three business days after the 

issuance of Commerce’s results. If 

comments contain business proprietary 

information (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 review must be 

served on all other parties to the review 

(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: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.62 of the Commission’s rules. 

By order of the Commission. 

Issued: March 15, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–5176 Filed 3–21–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–575] 

In the Matter of Certain Lighters; 

Notice of a Commission Determination 

Not To Review an Initial Determination 

Granting Complainants’ Motion for 

Summary Determination That a 

Domestic Industry Exists and That 

There Is a Violation of Section 337; 

Schedule for Filing Written 

Submissions on Remedy, Public 

Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) of 

the presiding administrative law judge 

(‘‘ALJ’’) in the above-captioned 

investigation granting complainants’’

motion for summary determination that 

a domestic industry exists and that there 

is a violation of section 337. The 

Commission has also issued a briefing 

schedule for submissions on remedy, 

the public interest, and bonding. 

FOR FURTHER INFORMATION CONTACT: 

Michael K. Haldenstein, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3041. Copies of the public version 

of the ALJ’s ID and all other 

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 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on June 20, 2006, based on a complaint, 

as supplemented, filed by Zippo 

Manufacturing Company, Inc., of 

Bradford, Pennsylvania, and ZippMark, 

Inc. of Wilmington, Delaware 

(collectively ‘‘Zippo’’), alleging 

violations of section 337 of the Tariff 

Act of 1930 in the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain lighters by 

reason of infringement of United States 

Trademark Registration No. 2,606,241 

(‘‘the ‘241 mark’’). 71 FR 35450 (June 20, 

2006). The complaint further alleged 

that an industry in the United States 

exists or is in the process of being 

established as required by 

subsection(a)(2) of section 337. 

Complainants requested that the 

Commission issue a general exclusion 

order and cease and desist orders. The 

ALJ set July 20, 2007, as the target date 

for completion of the investigation. 

The complaint named seven 

respondents: Tung Fong International 

Promotion Co., Ltd. of Hong Kong; 


rwilkins on PROD1PC63 with NOTICES
13514 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Notices 

Wenzhou Star Smoking Set Co., Ltd. of 

China; Taizhou Rongshi Lighter 

Development Co., Ltd. of China; 

Wenzhou Tailier Smoking Set Co., Ltd. 

of China; Vista Wholesale of 

Greencastle, Indiana; beWild.com of 

Bellmore, New York; and Kalan LP of 

Landsdowne, Pennsylvania. 

Respondents Kalan and Wenzhou Star 

Smoking Set Company were terminated 

from the investigation on the basis of 

settlement agreements. The remaining 

five respondents were found to be in 

default by the ALJ and the Commission 

did not review that determination. 

On November 7, 2006, complainants 

filed a motion seeking summary 

determination with respect to the 

domestic industry requirement and 

violation of section 337. Complainants 

also requested that the ALJ recommend 

a general exclusion order and a 100 

percent bond during the Presidential 

review period. The Commission 

investigative attorney supported the 

motion for summary determination and 

the requested recommendation on 

remedy and bonding. No respondents 

responded to the motion. 

On February 21, 2007, the ALJ issued 

an ID finding the domestic industry 

requirement satisfied, finding a 

violation of section 337, and containing 

a recommended determination on 

remedy and bonding. The ALJ found a 

violation of section 337 based on his 

conclusion that there are no genuine 

issues of material fact that respondents’

accused products infringe the ‘241 mark 

and that a domestic industry exists as 

required by 19 U.S.C. 1337(a)(2). He 

recommended issuance of a general 

exclusion order and that the amount of 

bond for temporary importation during 

the Presidential review period be set at 

100 percent of the entered value of the 

articles concerned. No petitions for 

review were filed and the Commission 

has determined not to review the 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 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: 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 be no more than 

twenty-five (25) pages and should 

address the recommended 

determination by the ALJ on remedy 

and bonding. The 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 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 March 

29, 2007. Reply submissions must be 

filed no later than the close of business 

on April 5, 2007. 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 

sections 210.42–46 of the Commission’s 

Rules of Practice and Procedure, 19 CFR 

210.42–46. 

By order of the Commission. 

Issued: March 15, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–5175 Filed 3–21–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–07–004] 

Government in the Sunshine Act 

Meeting; Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: March 26, 2007 at 1 p.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. 731–TA–1110 

(Preliminary)(Sodium 

Hexametaphosphate from China)—

briefing and vote. (The Commission is 

currently scheduled to transmit its 

determination to the Secretary of 

Commerce on March 26, 2007; 

Commissioners’ opinions are currently 

scheduled to be transmitted to the 

Secretary of Commerce on or before 

April 2, 2007.). 

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. 

Issued: March 19, 2007. 


rwilkins on PROD1PC63 with NOTICES