61840 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 

1 19 U.S.C. 2451(b)(1). 

2The products subject to this investigation 

include certain welded carbon quality steel pipes 

and tubes, of circular cross-section, with an outside 

diameter of 0.372 inches (9.45 mm) or more, but not 

more than 16 inches (406.4 mm), regardless of wall 

thickness, surface finish (black, galvanized, or 

painted), end finish (plain end, beveled end, 

grooved, threaded, or threaded and coupled), or 

industry specification (ASTM, proprietary, or 

other), generally known as standard pipe and 

structural pipe (they may also be referred to as 

structural or mechanical tubing). The term carbon 

quality steel may include certain low alloy steel 

imported as other alloy steel pipes and tubes. 

All pipe meeting the physical description set 

forth above that is used in, or intended for use in, 

standard and structural pipe applications is covered 

by the scope of this investigation. Standard pipe 

applications include the low-pressure conveyance 

of water, steam, natural gas, air and other liquids 

and gases in plumbing and heating systems, air 

conditioning units, automatic sprinkler systems, 

and other related uses. Standard pipe may also be 

used for light load-bearing and mechanical 

applications, such as for fence tubing, and as an 

intermediate product for protection of electrical 

wiring, such as conduit shells. Structural pipe is 

used in construction applications. 

Products not included in this investigation are 

mechanical tubing (whether or not cold-drawn) 

provided for in HTS subheading 7306.30.50, tube 

and pipe hollows for redrawing provided for in 

HTS 7306.30.5035, or finished electrical conduit 

provided for in HTS 7306.30.5028. API line pipe 

used in oil or gas applications requiring API 

certifications is also not included in this 

investigation. Similarly, pipe produced to the API 

specifications for oil country tubular goods use are 

not included in this investigation. 

The subject imported products are currently 

provided for in the Harmonized Tariff Schedule of 

the United States (HTS) subheadings 7306.30.10 

and 7306.30.50. Specifically, the various HTS 

statistical reporting numbers under which the 

subject standard pipe has been provided for since 

January 1, 1992, are as follows: 7306.30.1000, 

7306.30.5025, 7306.30.5032, 7306.30.5040, 

7306.30.5055, 7306.30.5085, and 7306.30.5090. 

Although the HTS category is provided for 

convenience and Customs purposes, the written 

description of the merchandise under investigation 

is dispositive. 

Pipe multiple-stenciled to the ASTM A–53 

specification and to any other specification, such as 

the API–fL or 5L X–42 specifications, or singlecertified pipe that enters under HTS subheading 

7306.10.10, is covered by this investigation when 

used in, or intended for use in, one of the standard 

pipe applications listed above, regardless of the 

HTS category in which it is entered. Pipe shells that 

enter the United States under HTS subheading 

7306.30.50, including HTS statistical reporting 

number 7306.30.5028, are also covered by this 

investigation. The investigation also covers pipe 

used for the production of scaffolding (but does not 

include finished scaffolding). 

3 Vice Chairman Deanna Tanner Okun and 

Commissioner Daniel R. Pearson make a negative 

determination. 

individuals were removed from an 

unknown site near Pistol River, Curry 

County, OR. In 1970, Mrs. Dorothy 

Timeus donated the human remains to 

the museum. According to Mrs. Timeus, 

the human remains are Native American 

and were found in the sand dunes near 

the Pistol River. It is unknown if the 

human remains were removed by Mrs. 

Timeus. No known individuals were 

identified. No associated funerary 

objects are present. 

A letter written by Mr. Harmon 

Timeus, Mrs. Timeus’ son, states, ‘‘I 

have checked with several authorities 

concerning the Indian skulls and 

relics...they are all from the To-To-Tin 

tribe. There were many smaller groups 

of this tribe. The Chetl-essen-tans is the 

specific group which inhabited the land 

where the relics were found.’’ The 

authorities cited in the letter are 

unknown. The tribe mentioned in the 

letter is most likely the Chet-less-ing-ton 

Band of Too-too-to-ney tribe, who were 

located at the eddy of Pistol River in the 

1800s. The Chet-less-ing-ton were 

signatories to the Oregon Coast Treaty of 

1855 and by 1857 the Chet-less-ing-ton 

were residing on the reservation of the 

Confederated Tribes of the Siletz 

Reservation, Oregon (Harris, 1858). The 

Chet-less-ing-ton are a subgroup of the 

Athabaskan/Tututni, which is one of the 

member tribes of the Confederated 

Tribes of the Siletz Reservation, Oregon. 

Officials of the Horner Collection, 

Oregon State University have 

determined that, pursuant to 25 U.S.C. 

3001 (9–10), the human remains 

described above represent the physical 

remains of 17 individuals of Native 

American ancestry. Officials of the 

Horner Collection, Oregon State 

Unversity also have determined that, 

pursuant to 25 U.S.C. 3001 (2), there is 

a relationship of shared group identity 

that can be reasonably traced between 

the Native American human remains 

and the Confederated Tribes of the 

Siletz Reservation, Oregon. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the human remains 

should contact Sabah Randhawa 

Executive Vice President and Provost, 

President’s Office, Oregon State 

University, 600 Kerr Administration 

Building, Corvallis, OR 97331, 

telephone (541) 737–8260, before 

November 25, 2005. Repatriation of the 

human remains to the Confederated 

Tribes of the Siletz Reservation, Oregon 

may proceed after that date if no 

additional claimants come forward. 

Horner Collection, Oregon State 

University is responsible for notifying 

the Confederated Tribes of the Siletz 

Reservation, Oregon and Coquille Tribe 

of Oregon that this notice has been 

published. 

Dated: September 28, 2005 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. 05–21332 Filed 10–25–05; 8:45 am] 

BILLING CODE 4312–50–S 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. TA–421–6] 

Circular Welded Non-Alloy Steel Pipe 

From China 

Determination 

On the basis of information developed 

in the subject investigation, the United 

States International Trade Commission 

determines, pursuant to section 

421(b)(1) of the Trade Act of 1974,1 that 

circular welded non-alloy steel pipe 2

from the People’s Republic of China is 

being imported into the United States in 

such increased quantities or under such 

conditions as to cause or threaten to 

cause market disruption to the domestic 

producers of like or directly competitive 

products.3 (70 FR 58746, October 7, 

2005). 

Recommendations on Proposed 

Remedies 

Chairman Stephen Koplan and 

Commissioner Charlotte R. Lane 

propose that the President impose an 

annual quota of 160,000 short tons on 

imports of circular welded non-alloy 

steel pipe from China for a three-year 

period. They further recommend that, if 

applications are filed, the President 

direct the U.S. Department of Commerce 

and the U.S. Department of Labor to 

provide expedited consideration of 

trade adjustment assistance for firms 

and/or workers affected by the subject 

imports. 

Commissioner Jennifer A. Hillman 

and Commissioner Shara L. Aranoff 

propose that the President impose a 

tariff-rate quota for a period of three 

years on imports of circular welded 

non-alloy steel pipe from China as 

follows: 267,468 short tons in the first 

year of relief, 280,841 short tons in the 

second year, and 308,925 short tons in 

the third year, with subject pipe entered 

within the quota subject to the current 

rate of duty of ‘‘Free,’’ and over-quota 

imports subject to a duty of 25 percent 

ad valorem. They further recommend 

that, if applications are filed, the 

President direct the U.S. Department of 

Commerce and the U.S. Department of 

Labor to provide expedited 

consideration of any petitions for trade 

adjustment assistance filed by firms or 

workers affected by the subject imports. 

Background 

Following receipt of a petition, on 

August 2, 2005, on behalf of Allied Tube 

and Conduit Corp., Harvey, IL; IPSCO 

Tubulars, Inc., Camanche, IA; Maruichi 

American Corp., Santa Fe Springs, CA; 

Maverick Tube Corp., Chesterfield, MO; 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 61841 

Sharon Tube Co., Sharon, PA; Western 

Tube Conduit Corp., Long Beach, CA; 

Wheatland Tube Co., Wheatland, PA.; 

and the United Steelworkers of 

America, AFL–CIO, Pittsburgh, PA; the 

Commission instituted investigation No. 

TA–421–06, Circular Welded Non-Alloy 

Steel Pipe from China, under section 

421(b) of the Act to determine whether 

circular welded non-alloy steel pipe 

from China is being imported into the 

United States in such increased 

quantities or under such conditions as 

to cause or threaten to cause market 

disruption to the domestic producers of 

like or directly competitive products. 

Notice of the institution of the 

Commission’s investigation and of the 

scheduling of a public hearing to be 

held in connection therewith was given 

by posting a copy of the notice on the 

Commission’s Web site (www.usitc.gov) 

and by publishing the notice in the 

Federal Register of August 10, 2005 (70 

FR 46543). The hearing was held on 

September 16, 2005 in Washington, DC; 

all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The views of the Commission are 

contained in USITC Publication 3807 

(October 2005), entitled Circular Welded 

Non-alloy Steel Pipe from China: 

Investigation No. TA–421–6. 

Issued: October 21, 2005. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–21395 Filed 10–25–05; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–551] 

In the Matter of Certain Laser Bar Code 

Scanners and Scan Engines, 

Components Thereof and Products 

Containing Same; Notice of 

Investigation 

AGENCY: International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

September 23, 2005, under section 337 

of the Tariff Act of 1930, as amended, 

19 U.S.C. 1337, on behalf of Symbol 

Technologies, Inc. of Holtsville, New 

York. An amended complaint was filed 

on October 14, 2005. The complaint, as 

amended, alleges violations of section 

337 in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain laser bar code 

scanners and scan engines, components 

thereof and products containing same 

by reason of infringement of claim 48 of 

U.S. Patent No. 5,262,627, claims 7, 13, 

14, 17, and 18 of U.S. Patent No. 

5,545,889, claims 17 and 18 of U.S. 

Patent No. 5,917,173, claims 2 and 21 of 

U.S. Patent No. 5,457,308, and claims 1, 

2, and 4–6 of U.S. Patent No. 6,220,514. 

The complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue a 

permanent limited exclusion order and 

cease and desist orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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., Room 

112, Washington, DC 20436, telephone 

202–205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal at 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Baer, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, telephone 202–205–2221. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2005). 

Scope of Investigation 

Having considered the complaint, the 

U.S. International Trade Commission, 

on October 19, 2005, 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 laser bar code 

scanners or scan engines, components 

thereof or products containing same by 

reason of infringement of one or more of 

claim 48 of U.S. Patent No. 5,262,627, 

claims 7, 13, 14, 17, and 18 of U.S. 

Patent No. 5,545,889, claims 17 and 18 

of U.S. Patent No. 5,917,173, claims 2 

and 21 of U.S. Patent No. 5,457,308, and 

claims 1, 2, and 4–6 of U.S. Patent No. 

6,220,514, and whether an industry in 

the United States exists 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—Symbol 

Technologies, Inc., One Symbol Plaza, 

Holtsville, New York 11742–1300. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Metro (Suzhou) Technologies Co., Ltd., 

221 Xing Hai Street, Suzhou Industrial 

Park, Suzhou, China. Metrologic 

Instruments, Inc., 90 Coles Road, 

Blackwood, New Jersey 08012. 

(c) Kevin Baer, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436, who 

shall be the Commission investigative 

attorney, party to this investigation; and 

(3) For the investigation so instituted, 

the Honorable Charles E. Bullock 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 section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 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 and the notice of 

investigation 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 a final determination 

containing such findings, and may 

result in the issuance of a limited