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
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28061 

1A 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. 

2The Commission has found the responses 

submitted by Eagle Tissue LLC, Flower City Tissue 

Mills Co., Garlock Printing & Converting, Inc., 

Putney Paper Co., Ltd., and Seaman Paper Co. of 

Massachusetts, Inc. to be individually adequate. 

Comments from other interested parties will not be 

accepted (see 19 CFR 207.62(d)(2)). 

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. 

When 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 section 337(j), 19 U.S.C. 1337(j) and 

the 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. 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: 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, and 

such submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. The 

complainant and the IA are also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Complainant is also 

requested to state the dates that the 

patents at issue expire and the HTSUS 

numbers under which the accused 

articles are imported. The written 

submissions and proposed remedial 

orders must be filed no later than close 

of business on May 24, 2010. Reply 

submissions must be filed no later than 

the close of business on June 1, 2010. 

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 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. 

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 

sections 210.42–46 of the Commission’s 

Rules of Practice and Procedure, 19 CFR 

210.42–46. 

By order of the Commission. 

Issued: May 13, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–11973 Filed 5–18–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1070B (Review)] 

Certain Tissue Paper Products From 

China 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of an expedited 

five-year review concerning the 

antidumping duty order on certain 

tissue paper products from China. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of an expedited 

review pursuant to section 751(c)(3) of 

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

1675(c)(3)) (the Act) to determine 

whether revocation of the antidumping 

duty order on certain tissue paper 

products from China would be likely to 

lead to continuation or recurrence of 

material injury within a reasonably 

foreseeable time. For further 

information concerning the conduct of 

this review 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). 

DATES: Effective Date: May 7, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Keysha Martinez (202–205–2136), 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 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On May 7, 2010, the 

Commission determined that the 

domestic interested party group 

response to its notice of institution (75 

FR 5115, February 1, 2010) of the 

subject five-year review was adequate 

and that the respondent interested party 

group response was inadequate. The 

Commission did not find any other 

circumstances that would warrant 

conducting a full review.1 Accordingly, 

the Commission determined that it 

would conduct an expedited review 

pursuant to section 751(c)(3) of the Act. 

Staff report.—A staff report 

containing information concerning the 

subject matter of the review will be 

placed in the nonpublic record on June 

3, 2010, and made available to persons 

on the Administrative Protective Order 

service list for this review. A public 

version will be issued thereafter, 

pursuant to section 207.62(d)(4) of the 

Commission’s rules. 

Written submissions.—As provided in 

section 207.62(d) of the Commission’s 

rules, interested parties that are parties 

to the review and that have provided 

individually adequate responses to the 

notice of institution,2 and any party 

other than an interested party to the 

review may file written comments with 

the Secretary on what determination the 

Commission should reach in the review. 

Comments are due on or before June 8, 

2010 and may not contain new factual 

information. Any person that is neither 

a party to the five-year review nor an 

interested party may submit a brief 

written statement (which shall not 

contain any new factual information) 

pertinent to the review by June 8, 2010. 

However, should the Department of 

Commerce extend the time limit for its 

completion of the final results of its 

review, the deadline for comments 

(which may not contain new factual 

information) on Commerce’s final 

results is three business days after the 

issuance of Commerce’s results. If 

comments contain business proprietary 

information (BPI), they must 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 


jlentini on DSKJ8SOYB1PROD with NOTICES