[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33943-33944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16613]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-378]


Certain Asian-Style Kamaboko Fish Cakes; Notice of Commission 
Determinations Not To Review Two Initial Determinations Finding a 
Violation of Section 337 and Two Respondents in Default, and of the 
Schedule for Filing Written Submissions on Remedy, the Public Interest, 
and Bonding

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review two initial determinations 
(IDs) issued in Order No. 15 on May 21, 1996, by the presiding 
administrative law judge (ALJ) in the above-captioned investigation. 
The first found a violation of section 337 of the Tariff Act of 1930 in 
the importation and sale of certain Asian-style kamaboko fish cakes and 
the second found two respondents in default.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3116. Copies of the 
nonconfidential versions of the IDs 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 S.W., Washington, D.C. 20436, telephone 202-
205-2000. Hearing-impaired persons are advised that information on the 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 12, 1995, based on a complaint filed by Yamasa Enterprises 
of Los Angles, California. 60 Fed Reg. 48722. The following six firms 
were names as respondents: Yamasa Kamaboko Co., Ltd. (YKCL); Alpha 
Oriental Foods, Inc. (Alpha); N.A. Sales, Inc.; New Japan Food Corp.; 
Rhee Brothers, Inc.; and Rokko Trading Co., Inc. Respondents N.A. Sales 
and Rokko Trading Co. were subsequently terminated from the 
investigation on the basis of a settlement agreement. Respondent Alpha 
is believed to have gone out of business.
    On May 21, 1996, the presiding ALJ issued Order No. 15 which 
included two IDs. In one ID the ALJ granted complainant's motion for 
summary determination on each substantive issue in the investigation. 
In the other ID the ALJ granted complainant's motion that respondents 
New Japan Food Corp. and Rhee Brothers be found in default. Respondent 
YKCL filed a petition for review of the IDs, and complainant and the 
Commission investigative attorney filed oppositions to YKCL's petition. 
On June 6, 1996, the ALJ also issued a recommended determination on the 
issues of remedy and bonding.
    In connection with 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 New Japan Food 
Corp. and Rhee Brothers 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 are 
likely to do so. For background, see the Commission Opinion, In the 
Matter of Certain Devices for Connecting Computers via Telephone Lines, 
Inv. No. 337-TA-360.
    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, if remedial orders are issued.

WRITTEN SUBMISSIONS: The parties to the investigation, interested 
government agencies, and any other interested persons are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the June 6, 1996, 
recommended determination by the ALJ. 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 the close of 
business on July 15, 1996. Reply submissions must be filed no later 
than the close of

[[Page 33944]]

business on July 8, 1996. No further submissions will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 14 true copies thereof with the Office of the Secretary 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 19 CFR 201.6. Documents for which confidential treatment 
is granted by the Commission 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, as amended (19 U.S.C. 1337), and rules 210.42 and 
210.50 of the Commission's Rules of Practice and Procedure (19 CFR 
Secs. 210.42 and 210.50).

    Issued: June 21, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-16613 Filed 6-28-96; 8:45 am]
BILLING CODE 7020-01-P