Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2557 

provisions of section 207.67 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is October 2, 

2007; witness testimony must be filed 

no later than three days before the 

hearing. In addition, any person who 

has not entered an appearance as a party 

to the reviews may submit a written 

statement of information pertinent to 

the subject of the reviews on or before 

October 2, 2007. On November 6, 2007, 

the Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before November 8, 2007, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.68 of the Commission’s 

rules. 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 (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). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

reviews must be served on all other 

parties to the reviews (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 reviews are 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: January 12, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–672 Filed 1–18–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–553] 

In the Matter of Certain NAND Flash 

Memory Devices and Products 

Containing Same; Notice of 

Commission Determination To Review 

a Final Determination of no 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 to review 

the final initial determination (‘‘ID’’) 

issued by the presiding administrative 

law judge (‘‘ALJ’’) on November 20, 

2006, regarding whether there is a 

violation of section 337 of the Tariff Act 

of 1930, 19 U.S.C. 1337, in the abovecaptioned investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Walters, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5468. 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 November 25, 2005, based on a 

complaint filed by Hynix 

Semiconductor Inc. of Korea; Hynix 

Semiconductor America Inc. of San 

Jose, California; and Hynix 

Semiconductor Manufacturing America 

Inc. of Eugene, Oregon (collectively, 

‘‘Hynix’’). The complaint, as 

supplemented and amended, alleged 

violations of section 337 of the Tariff 

Act of 1930 (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 NAND flash memory devices 

and products containing the same by 

reason of infringement of various claims 

of United States Patent Nos. 5,509,995 

and 5,869,404. 

On November 20, 2006, the presiding 

ALJ issued his final ID, finding no 

violation of section 337 by respondents 

Toshiba Corporation of Japan; Toshiba 

America Electronic Components, Inc. of 

Irvine, California; Toshiba America 

Information Systems, Inc. of Irvine, 

California; and Toshiba America 

Consumer Products, L.L.C. of Wayne, 

New Jersey (collectively, ‘‘Toshiba’’). On 

December 4, 2006, the ALJ issued his 

recommended determination on remedy 

and bonding. 

On December 6, 2006, Hynix filed a 

petition for review, challenging the 

ALJ’s ID. On the same day, Toshiba filed 

a conditional petition for review of the 

ALJ’s ID. On December 14, 2006, 

Toshiba and the Commission 

investigative attorney each filed 

responses to Hynix’s petition for review, 

and Hynix filed a response to Toshiba’s 

conditional petition for review. 

Having examined the record of this 

investigation, including the ALJ’s final 

ID and the submissions of the parties, 

the Commission has determined to 

review the final ID in its entirety. 

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 


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2558 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

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 

Commission does not wish to receive 

further written submissions on the issue 

of violation. However, 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. 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 close of business on 

January 25, 2007. Reply submissions 

must be filed no later than the close of 

business on February 1, 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 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 

section 210.42–46 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–210.46). 

Issued: January 11, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–673 Filed 1–18–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–365–366 and 

731–TA–734–735 (Second Review)] 

Certain Pasta From Italy and Turkey 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of Commission 

determinations to conduct full five-year 

reviews concerning the countervailing 

and antidumping duty orders on certain 

pasta from Italy and Turkey. 

SUMMARY: The Commission hereby gives 

notice that it will proceed with full 

reviews pursuant to section 751(c)(5) of 

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

1675(c)(5)) to determine whether 

revocation of the countervailing and 

antidumping duty orders on certain 

pasta from Italy and Turkey would be 

likely to lead to continuation or 

recurrence of material injury within a 

reasonably foreseeable time. A schedule 

for the reviews will be established and 

announced at a later date. For further 

information concerning the conduct of 

these reviews 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, subparts A, D, E, and 

F (19 CFR part 207). 

EFFECTIVE DATE: January 5, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), 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 reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: On 

January 5, 2007, the Commission 

determined that it should proceed to 

full reviews in the subject five-year 

reviews pursuant to section 751(c)(5) of 

the Act. The Commission found that the 

domestic interested party group 

response to its notice of institution (71 

FR 57999, October 2, 2006) was 

adequate and that the respondent 

interested party group response with 

respect to Turkey was adequate and 

decided to conduct full reviews with 

respect to the antidumping and 

countervailing duty orders concerning 

certain pasta from Turkey. The 

Commission found that the respondent 

interested party group response with 

respect to Italy was inadequate. 

However, the Commission determined 

to conduct full reviews concerning the 

antidumping and countervailing duty 

orders on certain pasta from Italy to 

promote administrative efficiency in 

light of its decision to conduct full 

reviews with respect to the orders 

concerning certain pasta from Turkey. A 

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. 

Authority: These reviews are 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. 

Issued: January 16, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–719 Filed 1–18–07; 8:45 am] 

BILLING CODE 7020–02–P 


sroberts on PROD1PC70 with NOTICES