Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8775

1The record is defined in sec. 207.2(f) of the

Commission’s Rules of Practice and Procedure (19

CFR 207.2(f)).

2 Defined as melamine dinnerware that is

intended for use by institutions such as schools,

hospitals, cafeterias, restaurants, nursing homes,

etc.

3 In these investigations, Commerce has defined a

single class or kind of imported merchandise,

consisting of all items of dinnerware (e.g., plates,

cups, saucers, bowls, creamers, gravy boats, serving

dishes, platters, and trays, but not including

flatware products such as knives, forks, and spoons)

that contain at least 50 percent melamine by weight

and have a minimum wall thickness of 0.08 inch.

Melamine institutional dinnerware is provided for

in subheadings 3924.10.20, 3924.10.30, and

3924.10.50 of the Harmonized Tariff Schedule of

the United States.

4Commissioner Crawford dissenting.

5 Defined as melamine dinnerware that is

generally sold to the retail sector and is intended

for use by households.

International Trade Commission, on

February 20, 1997, ordered That—

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the importation into the

United States, the sale for importation,

or the sale within the United States after

importation of certain ion trap mass

spectrometers and components thereof

by reason of infringement of one or

more of claims 1–20 of U.S. Letters

Patent 4,540,884, or one or more of

claims 1, 12–19 of U.S. Reissue Patent

34,000; and whether there exists an

industry in the United States as required

by subsection (a)(2) of section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:

(a) The complainant is—Finnigan

Corporation, 355 River Oaks Parkway,

San Jose, California 95134.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

Bruker-Franzen Analytik GmbH,

Fahrenheitstrasse 4, D–28359, Bremen

33, Germany

Bruker Instruments, Inc., Manning Park,

Fortune Drive, Billerica,

Massachusetts 01821

Hewlett-Packard Company, 3000

Hanover Street, Palo Alto, California

94304.

(c) Juan Cockburn, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, S.W., Room 401–Q, Washington,

D.C. 20436, shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Sidney Harris is

designated as the presiding

administrative law judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with § 210.13 of the

Commission’s Rules of Practice and

Procedure, 19 C.F.R. 210.13. Pursuant to

§§ 201.16(d) and 210.13(a) of the

Commission’s Rules, 19 C.F.R. 201.16(d)

and 210.13(a), such responses will be

considered by the Commission if

received not later than 20 days after the

date of service by the Commission of the

complaint and the notice of

investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: February 20, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–4729 Filed 2–25–97; 8:45 am]

BILLING CODE 7020–02–P

[Investigation No. 701–TA–367 (Final)]

Certain Laminated Hardwood Flooring

From Canada

AGENCY: United States International

Trade Commission.

ACTION: Termination of investigation.

SUMMARY: On February 4, 1997, the

Department of Commerce published

notice in the Federal Register of a

negative final determination of

subsidies in connection with the subject

investigation (62 F.R. 5201).

Accordingly, pursuant to section

207.40(a) of the Commission’s Rules of

Practice and Procedure (19 CFR

§ 207.40(a)), the countervailing duty

investigation concerning certain

laminated hardwood from Canada

(investigation No. 701–TA–367 (Final))

is terminated.

EFFECTIVE DATE: February 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Olympia Hand (202–205–3182), Office

of Investigations, U.S. International

Trade Commission, 500 E Street SW,

Washington, DC 20436. Hearingimpaired individuals are advised that

information on this matter can be

obtained 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 or ftp://ftp.usitc.gov).

Authority: This investigation is being

terminated under authority of title VII of the

Tariff Act of 1930; this notice is published

pursuant to section 201.10 of the

Commission’s rules (19 CFR § 201.10).

Issued: February 21, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–4732 Filed 2–25–97; 8:45 am]

BILLING CODE 7020–02–P

[Investigations Nos. 731-TA-741, 742, & 743

(Final)]

Melamine Institutional Dinnerware

from China, Indonesia, and Taiwan

Determinations

On the basis of the record 1 developed

in the subject investigations, the United

States International Trade Commission

determines, pursuant to section 735(b)

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

1673d(b)) (the Act), that the industry in

the United States producing melamine

dinnerware for institutional use 2 is

materially injured by reason of imports

from China, Indonesia, and Taiwan of

melamine dinnerware, as defined by the

Department of Commerce (Commerce),

that have been found by Commerce to

be sold in the United States at less than

fair value (LTFV), and that are for

institutional use.3 4

The Commission further finds that the

industry in the United States producing

melamine dinnerware for noninstitutional use 5 is not materially

injured or threatened with material

injury, and the establishment of such an

industry in the United States is not

materially retarded, by reason of LTFV

imports of melamine dinnerware from

China and Taiwan that are for noninstitutional use. The Commission also

unanimously determines that subject

imports of melamine dinnerware for
8776 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

6 The members of AMITA are Carlisle Food

Service Products (formerly known as Continental/

SiLite International Co.), Oklahoma City, OK;

Lexington United Corp. (National Plastics Corp.),

Port Gibson, MS; and Plastics Manufacturing Co.

(Sun Coast Industries, Inc.), Dallas, TX.

non-institutional use from Indonesia are

negligible.

Background

The Commission instituted these

investigations effective February 6,

1996, following receipt of a petition

filed with the Commission and the

Department of Commerce by the

American Melamine Institutional

Tableware Association (AMITA).6 The

final phase of the investigations was

scheduled by the Commission following

notification of preliminary

determinations by the Department of

Commerce that imports of melamine

institutional dinnerware from China,

Indonesia, and Taiwan were being sold

at LTFV within the meaning of section

733(b) of the Act (19 U.S.C. 1673b(b)).

Notice of the scheduling of the

Commission’s investigations and of a

public hearing to be held in connection

therewith was given by posting copies

of the notice in the Office of the

Secretary, U.S. International Trade

Commission, Washington, DC, and by

publishing the notice in the Federal

Register of September 11, 1996 (61 FR

47957). The hearing was held in

Washington, DC, on January 9, 1997,

and all persons who requested the

opportunity were permitted to appear in

person or by counsel.

The Commission transmitted its

determinations in these investigations to

the Secretary of Commerce on February

18, 1997. The views of the Commission

are contained in USITC Publication

3016 (February 1997), entitled

‘‘Melamine Institutional Dinnerware

from China, Indonesia, and Taiwan:

Investigations Nos. 731–TA–741, 742,

and 743 (Final).’’

Issued: February 19, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–4728 Filed 2–25–97; 8:45 am]

BILLING CODE 7020–02–P

[Investigation Nos. 332–350 and 332–351]

Monitoring of U.S. Imports of

Tomatoes Monitoring of U.S. Imports

of Peppers

AGENCY: United States International

Trade Commission.

ACTION: Publication of monitoring

reports in 1997.

EFFECTIVE DATE: February 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Timothy McCarty (202–205–3324) or

Lowell Grant (202–205–3312),

Agriculture and Forest Products

Division, Office of Industries, or

William Gearhart (202–205–3091),

Office of the General Counsel, U.S.

International Trade Commission.

Hearing impaired persons can obtain

information on these studies by

contacting the Commission’s TDD

terminal on (202–205–1810).

Background

Section 316 of the North American

Free Trade Agreement (NAFTA)

Implementation Act (19 U.S.C. 3381)

directs the Commission to monitor

imports of fresh or chilled tomatoes

(HTS heading 0702.00) and fresh or

chilled peppers, other than chili

peppers (HTS subheading 0709.60.00),

until January 1, 2009, as if a request for

such monitoring had been made under

section 202(d) of the Trade Act of 1974

(19 U.S.C. 2252(d)), for purposes of

expediting an investigation concerning

provisional relief under section 202 of

the Trade Act of 1974. In response, the

Commission instituted Investigation No.

332–350, Monitoring of U.S. Imports of

Tomatoes (59 F.R. 1763, January 12,

1994) and Investigation No. 332–351,

Monitoring of U.S. Imports of Peppers

(59 F.R. 1762, January 12, 1994).

Although section 316 of the NAFTA

Implementation Act does not require the

Commission to publish reports on the

results of its monitoring activities, the

Commission has endeavored to do so in

those years in which it was not

conducting an investigation under other

statutory authority with respect to such

products. Thus, no monitoring reports

were published in 1996 when the

Commission conducted Investigation

No. TA–201–66, Fresh Tomatoes and

Bell Peppers (61 F.R. 13875, March 28,

1996), under section 202(b) of the Trade

Act of 1974 (19 U.S.C. 2252(b)); and

antidumping Investigation No. 731–TA

47 (Preliminary), Fresh Tomatoes from

Mexico (61 F.R. 15968, April 10, 1996),

under section 733(a) of the Tariff Act of

1930 (19 U.S.C. 1673b(a)). The

Commission made a negative injury

determination in the section 201

investigation on July 2, 1996; the

Commission’s antidumping

investigation was suspended, effective

November 1, 1996, following the signing

of a suspension agreement.

The Commission will publish monitoring

reports, containing data for both 1996 and

1997, in September 1997.

By order of the Commission.

Issued: February 21, 1997

Donna R. Koehnke,

Secretary.

[FR Doc. 97–4733 Filed 2–25–97; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF LABOR

Employment and Training

Administration

American Olean Tile Company,

Incorporated A/K/A Dal Tile Company;

TA–W–31, 870 Lansdale, Pennsylvania,

Et. Al.; Amended Certification

Regarding Eligibility to Apply for

Worker Adjustment Assistance

In accordance with Section 223 of the

Trade Act of 1974 (19 U.S.C. 2273) the

Department of Labor issued a

Certification of Eligibility to Apply for

Worker Adjustment Assistance on

February 26, 1996, applicable to all

workers of American Olean Tile

Company, Incorporated, located in

Lansdale, Pennsylvania. The worker

certification was subsequently amended

to correct the impact date and to include

worker separations that occurred at

various operating facilities of American

Olean Tile Company in the United

States. The most recent amendment was

published in the Federal Register on

June 6, 1996 (61 FR 28898).

At the request of the State agency, the

Department reviewed the certification

for workers of the subject firm. Findings

show that Dal Tile Company merged

with American Olean Tile Company

prior to the Department’s worker

certification. Based on this information,

the Department is amending the worker

certification to reflect that American

Olean Tile is also known as Dal Tile

Company. The intent of the

Department’s certification is to include

all workers of the subject firm who were

adversely affected by increased imports

of tile.

The amended notice applicable to

TA–W–31, 870 is hereby issued as

follows:

All workers of American Olean Tile

Company, Incorporated, also known as Dal

Tile Company, Lansdale, Pennsylvania (TA–

W–31, 870), who became totally or partially

separated from employment on or after

February 15, 1996; and all workers of

American Olean Tile Company, Incorporated,

also known as Dal Tile Company, at the

various locations cited below, who became

totally or partially separated from

employment on or after January 24, 1995 are

eligible to apply for adjustment assistance

under Section 223 of the Trade Act of 1974:

TA–W–31,870A Alabama

TA–W–31,870B Arizona

TA–W–31,870C California