6626 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Notices

1 Investigation No. 731–TA–457 A covers

hammers and sledges with heads over 1.5 kg (3.33

pounds) (‘‘hammers and sledges’’); investigation

No. 731–TA–457 B covers bars over 18 inches in

length, track tools, and wedges (‘‘bars and

wedges’’); investigation No. 731–TA–457 C covers

picks and mattocks (‘‘picks and mattocks’’); and

investigation No. 731–TA–457 D covers axes, adzes,

and similar hewing tools (‘‘axes and adzes’’).

findings with respect to the ’762 patent.

The Commission is particularly

interested in receiving briefing on the

following points:

(1) The construction of the claimed

laser delivery system means element of

claim 1 of the ’762 patent.

(2) The construction of claim 10 of the

’762 patent and the ramifications of that

construction under the doctrine of claim

differentiation as it relates to claims 1

and 10.

(3) A discussion, including a detailed

engineering description, of how VISX’s

STAR, STAR S2, 20/20A, and 20/20B

systems function, and whether those

systems practice claims 1, 10, or 12 of

the ’762 patent, both as those claims are

construed by the ALJ and if claim 1 is

construed as not requiring a proximity

mask.

(4) Whether the accused Nidek device

infringes claim 1 of the ’762 patent

literally or under the doctrine of

equivalents if claim 1 is construed as

not requiring a proximity mask.

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 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 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 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,

interested government agencies, and any

other interested parties are encouraged

to file written submissions on the issues

under review, and on remedy, the

public interest, and bonding. Such

submissions should address the January

31, 2000, recommended determination

by the ALJ on remedy and bonding.

Complainant and the Commission

investigative attorney are also requested

to submit proposed remedial orders for

the Commission’s consideration. The

written submissions and proposed

remedial orders must be filed no later

than close of business on February 14,

2000. Reply submissions must be filed

no later than the close of business on

February 18, 2000. No further

submissions on these issues will be

permitted unless otherwise ordered by

the Commission.

Persons filing written submissions

must file with the Office of the Secretary

the original document and 14 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 § 201.6 of the

Commission’s rules of practice and

procedure, 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.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. § 1337, and section

210.45 of the Commission’s rules of

practice and procedure, 19 CFR

§ 210.45.

Copies of the public version of the

subject 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.

By order of the Commission.

Issued: February 3, 2000.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–3020 Filed 2–9–00; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigations Nos. 731–TA–457 A–D

(Review)]

Heavy Forged Handtools From China 1

AGENCY: United States International

Trade Commission.

ACTION: Scheduling of full five-year

reviews concerning the antidumping

duty orders on heavy forged handtools

from China.

SUMMARY: The Commission hereby gives

notice of the scheduling of full reviews

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

Tariff Act of 1930 (19 U.S.C. 1675(c)(5))

(the Act) to determine whether

revocation of the antidumping duty

orders on heavy forged handtools from

China would be likely to lead to

continuation or recurrence of material

injury. 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). Recent amendments to the rules of

practice and procedure pertinent to fiveyear reviews, including the text of

subpart F of part 207, are published at

63 FR 30599, June 5, 1998, and may be

downloaded from the Commission’s

World Wide Web site at http://

www.usitc.gov/rules.htm.

EFFECTIVE DATE: February 3, 2000.

FOR FURTHER INFORMATION CONTACT:

Olympia DeRosa Hand (202–205–3182),

Office of Investigations, U.S.

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Notices 6627

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

On October 1, 1999, the Commission

determined that responses to its notice

of institution of the subject five-year

reviews were such that full reviews

pursuant to section 751(c)(5) of the Act

should proceed (64 FR 55958, October

15, 1999). 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.

Participation in the Reviews and Public

Service List

Persons, including industrial users of

the subject merchandise and, if the

merchandise is sold at the retail level,

representative consumer organizations,

wishing to participate in these reviews

as parties must file an entry of

appearance with the Secretary to the

Commission, as provided in § 201.11 of

the Commission’s rules, by 45 days after

publication of this notice. A party that

filed a notice of appearance following

publication of the Commission’s notice

of institution of the reviews need not

file an additional notice of appearance.

The Secretary will maintain a public

service list containing the names and

addresses of all persons, or their

representatives, who are parties to the

reviews.

Limited Disclosure of Business

Proprietary Information (BPI) Under an

Administrative Protective Order (APO)

and BPI Service List

Pursuant to § 207.7(a) of the

Commission’s rules, the Secretary will

make BPI gathered in these reviews

available to authorized applicants under

the APO issued in the reviews, provided

that the application is made by 45 days

after publication of this notice.

Authorized applicants must represent

interested parties, as defined by 19

U.S.C. 1677(9), who are parties to the

reviews. A party granted access to BPI

following publication of the

Commission’s notice of institution of

the reviews need not reapply for such

access. A separate service list will be

maintained by the Secretary for those

parties authorized to receive BPI under

the APO.

Staff Report

The prehearing staff report in the

reviews will be placed in the nonpublic

record on April 26, 2000, and a public

version will be issued thereafter,

pursuant to § 207.64 of the

Commission’s rules.

Hearing

The Commission will hold a hearing

in connection with the reviews

beginning at 9:30 a.m. on May 16, 2000,

at the U.S. International Trade

Commission Building. Requests to

appear at the hearing should be filed in

writing with the Secretary to the

Commission on or before May 8, 2000.

A nonparty who has testimony that may

aid the Commission’s deliberations may

request permission to present a short

statement at the hearing. All parties and

nonparties desiring to appear at the

hearing and make oral presentations

should attend a prehearing conference

to be held at 9:30 a.m. on May 11, 2000,

at the U.S. International Trade

Commission Building. Oral testimony

and written materials to be submitted at

the public hearing are governed by

§§ 201.6(b)(2), 201.13(f), 207.24, and

207.66 of the Commission’s rules.

Parties must submit any request to

present a portion of their hearing

testimony in camera no later than 7

days prior to the date of the hearing.

Written Submissions

Each party to the reviews may submit

a prehearing brief to the Commission.

Prehearing briefs must conform with the

provisions of § 207.65 of the

Commission’s rules; the deadline for

filing is May 5, 2000. Parties may also

file written testimony in connection

with their presentation at the hearing, as

provided in § 207.24 of the

Commission’s rules, and posthearing

briefs, which must conform with the

provisions of section 207.67 of the

Commission’s rules. The deadline for

filing posthearing briefs is May 25,

2000; 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

May 25, 2000. On June 23, 2000, 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 June 27, 2000, but such final

comments must not contain new factual

information and must otherwise comply

with § 207.68 of the Commission’s rules.

All written submissions must conform

with the provisions of § 201.8 of the

Commission’s rules; any submissions

that contain BPI must also conform with

the requirements of §§ 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.

In accordance with §§ 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 § 207.62 of the Commission’s

rules.

Issued: February 4, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–3025 Filed 2–9–00; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigations Nos. 731–TA–413–415 and

419 (Review)]

Certain Industrial Belts From Germany,

Italy, Japan, and Singapore

AGENCY: United States International

Trade Commission.

ACTION: Scheduling of full five-year

reviews concerning the antidumping

duty orders on certain industrial belts

from Germany, Italy, Japan, and

Singapore.

SUMMARY: The Commission hereby gives

notice of the scheduling of full reviews

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

Tariff Act of 1930 (19 U.S.C. 1675(c)(5))

(the Act) to determine whether

revocation of the antidumping duty

orders on certain industrial belts from

Germany, Italy, Japan, and Singapore

would be likely to lead to continuation

or recurrence of material injury. For

further information concerning the

conduct of these reviews and rules of

general application, consult the

Commission’s Rules of Practice and