Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28059 

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: Apple Inc., 

f/k/a Apple Computer, Inc., 1 Infinite 

Loop, Cupertino, CA 95014. 

(b) The respondent is the following 

entity alleged to be in violation of 

section 337, and is the party upon 

which the complaint is to be served: 

Eastman Kodak Company, 343 State 

Street, Rochester, NY 14650. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Vu Q. Bui, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., Suite 

401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondent 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)–(e) 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 the 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 an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

Issued: May 14, 2010. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–11969 Filed 5–18–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 332–515] 

Actual Effects of the Free Trade 

Agreements With Chile, Australia, and 

Singapore 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of investigation. 

SUMMARY: Following receipt of a request 

on April 13, 2010 from the United States 

Trade Representative (USTR) under 

section 332(g) of the Tariff Act of 1930 

(19 U.S.C. 1332 (g)), the U.S. 

International Trade Commission 

(Commission) instituted investigation 

No. 332–515, Actual Effects of the Free 

Trade Agreements with Chile, Australia, 

and Singapore. 

DATES: July 15, 2010: Deadline for filing 

written submissions. December 13, 

2010: Transmittal of Commission report 

to the USTR. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the United States 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. All written 

submissions should be addressed to the 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at https://edis.usitc.gov/ 

edis3-internal/app. 

FOR FURTHER INFORMATION CONTACT: 

Project Leader Jennifer Baumert Powell 

(202–205–3450 or 

jennifer.powell@usitc.gov) or Deputy 

Project Leader Linda White (202–205– 

3427 or linda.white@usitc.gov) for 

information specific to this 

investigation. For information on the 

legal aspects of these investigations, 

contact William Gearhart of the 

Commission’s Office of the General 

Counsel (202–205–3091 or 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205– 

1819 or margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

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. 

Background: As requested by the 

USTR, the Commission will conduct an 

investigation and provide a report on 

the actual effects of the free trade 

agreements (FTAs) concluded with 

Chile, Singapore, and Australia. In its 

report the Commission will— 

(1) With respect to each of the FTAs, 

and for certain goods for which the 

United States agreed to phase out its 

tariffs and other market barriers over an 

extended period of time, examine U.S. 

imports of these goods, identify any 

apparent anomalies in U.S. import 

levels, and discuss the possible causes 

for these anomalies; in identifying 

whether an import level is anomalous, 

the Commission will consider factors 

affecting such levels, such as tariff 

changes, trade changes in similar 

products, changes in trade of the same 

product with other trading partners, or 

other relevant indicators of trade flows; 

(2) With respect to each of the FTAs, 

and for certain goods for which the 

other party agreed to phase out its tariffs 

and other market access barriers over an 

extended period of time, examine U.S. 

exports of these goods, identify any 

apparent anomalies in U.S. export 

levels, and indicate the possible causes 

for these anomalies, taking into account 

the factors identified above; 

(3) Consider the existence of other 

apparently anomalous levels of U.S. 

exports to the other FTA party, e.g., 

where the immediate elimination of 

tariffs and significant market access 

barriers to trade in a particular product 

resulted in little or no increase in U.S. 

exports, or where U.S. exports increased 

significantly in tariff lines where little 

or no reduction in tariffs occurred as the 

result of the FTA; the Commission will 

identify such apparently anomalous 

situations and indicate the possible 

causes, to the extent possible, and if 

possible, will identify and examine 

unexpected results in the performance 

of U.S. services exports. 

The USTR asked that the Commission 

deliver its report within eight months of 

receipt of the request (by December 13, 

2010). The USTR indicated that the 

portions of the Commission’s report and 

working papers that relate to the 

identification and possible causes of the 

apparent anomalies and anomalous 

situations will be classified as 

‘‘confidential.’’ The USTR also stated 

that he considers the Commission’s 

report to be an inter-agency 

memorandum that will contain predecisional advice and be subject to the 

deliberative process privilege. 

Written Submissions: In lieu of a 

hearing, interested parties are invited to 

submit written statements concerning 

this investigation. All written 


jlentini on DSKJ8SOYB1PROD with NOTICES
28060 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

submissions should be addressed to the 

Secretary, and should be received not 

later than 5:15 p.m., July 15, 2010. All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

requires that a signed original (or a copy 

so designated) and fourteen (14) copies 

of each document be filed. In the event 

that confidential treatment of a 

document is requested, at least four (4) 

additional copies must be filed, in 

which the confidential information 

must be deleted (see the following 

paragraph for further information 

regarding confidential business 

information). The Commission’s rules 

authorize filing submissions with the 

Secretary by facsimile or electronic 

means only to the extent permitted by 

section 201.8 of the rules (see Handbook 

on Electronic Filing Procedures, http:// 

www.usitc.gov/docket_services/ 

documents/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding 

electronic filing should contact the 

Secretary (202–205–2000). 

Any submissions that contain 

confidential business information (CBI) 

must also conform with the 

requirements of section 201.6 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.6). Section 201.6 

of the rules requires that the cover of the 

document and the individual pages be 

clearly marked as to whether they are 

the ‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

Some or all of the CBI that the 

Commission receives in this 

investigation may be included in the 

report that the Commission sends to the 

USTR. However, any confidential 

business information received by the 

Commission in this investigation and 

used in preparing this report will not be 

published in a manner that would 

reveal the operations of the firm 

supplying the information. 

Issued: May 13, 2010. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–11971 Filed 5–18–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–669] 

In the Matter of Certain Optoelectronic 

Devices, Components Thereof, and 

Products Containing the Same; Notice 

of Commission Decision Not To 

Review a Final Initial Determination 

Finding a Violation of Section 337; 

Request for Written Submissions 

Regarding Remedy, Bonding, and the 

Public Interest 

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 a final initial determination 

(‘‘ID’’) of the presiding administrative 

law judge (‘‘ALJ’’) finding a violation of 

section 337 in the above-captioned 

investigation, and is requesting written 

submissions regarding remedy, bonding, 

and the public interest. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–2310. 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 March 10, 2009 based on a complaint 

filed on February 3, 2009, by Avago 

Technologies Fiber IP (Singapore) Pte. 

Ltd. of Singapore; Avago Technologies 

General IP (Singapore) Pte. Ltd. of 

Singapore; and Avago Technologies Ltd. 

of San Jose, California. 74 FR 10278–79 

(March 10, 2009). The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended, 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 optoelectronic devices, 

components thereof, or products 

containing the same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 5,359,447 (‘‘the ‘447 patent’’) 

and 5,761,229 (‘‘the ‘229 patent’’). The 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. The complaint names a single 

respondent, Emcore Corporation 

(‘‘Emcore’’) of Albuquerque, New 

Mexico. 

On December 7, 2009, the 

Commission issued notice of its 

determination not to review the ALJ’s ID 

granting complainants’ motion for 

summary determination on ownership 

of the asserted patents. 

On March 12, 2010, the ALJ issued his 

final ID finding a violation of section 

337 by Emcore by reason of 

infringement of one or more of claims 1, 

2, 3, and 5 of the ‘447 patent. The ALJ 

found no violation of section 337 with 

respect to the ‘229 patent. He also 

issued his recommendation on remedy 

and bonding during the period of 

Presidential review. On March 29, 2010, 

Emcore and the Commission 

investigative attorney (‘‘IA’’) filed 

petitions for review of the final ID. The 

IA and complainants filed responses to 

the petitions on April 6, 2010. The 

Commission has determined not to 

review the subject 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 


jlentini on DSKJ8SOYB1PROD with NOTICES