34784 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

1Section 207.21(b) of the Commission’s rules 

provides that, where the Department of Commerce 

has issued a negative preliminary determination, 

the Commission will publish a Final Phase Notice 

of Scheduling upon receipt of an affirmative final 

determination from Commerce. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is October 9, 2009. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is October 27, 

2009; 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 investigations may submit a 

written statement of information 

pertinent to the subject of the 

investigations, including statements of 

support or opposition to the petition, on 

or before October 27, 2009. On 

November 10, 2009, 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 November 12, 

2009, but such final comments must not 

contain new factual information and 

must otherwise comply with section 

207.30 of the Commission’s rules. All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also 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 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II (C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (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 investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules. 

Issued: July 13, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–16994 Filed 7–16–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–460–461 (Final)] 

Ni-Resist Piston Inserts From 

Argentina and Korea 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of the final phase of 

countervailing duty investigations. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of countervailing duty 

investigation Nos. 701–TA–460–461 

(Final) under section 705(b) of the Tariff 

Act of 1930 (19 U.S.C. 1671d(b)) (the 

Act) to determine whether an industry 

in the United States is materially 

injured or threatened with material 

injury, or the establishment of an 

industry in the United States is 

materially retarded, by reason of 

subsidized imports from Argentina and 

Korea of Ni-resist piston inserts, 

provided for in subheading 8409.99.91 

of the Harmonized Tariff Schedule of 

the United States. 

For further information concerning 

the conduct of this phase of the 

investigations, hearing procedures, 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 and C (19 CFR part 207). 

DATES: Effective Dates: July 6, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Angela M.W. Newell (202–708–5409), 

Office of Investigations, U.S. 

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). The public record for 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—The final phase of 

these investigations is being scheduled 

as a result of an affirmative preliminary 

determination by the Department of 

Commerce that certain benefits which 

constitute subsidies within the meaning 

of section 703 of the Act (19 U.S.C. 

1671b) are being provided to 

manufacturers, producers, or exporters 

in Argentina of Ni-resist piston inserts. 

These investigations were requested in 

a petition filed on January 26, 2009, by 

Korff Holdings LLC d/b/a Quaker City 

Castings, Salem, OH. 

Although the Department of 

Commerce has preliminarily determined 

that imports of Ni-resist piston inserts 

from Korea are not being and are not 

likely to be subsidized, for purposes of 

efficiency the Commission hereby 

waives rule 207.21(b) 1 so that the final 

phase of the investigations may proceed 

concurrently in the event that 

Commerce makes a final affirmative 

determination with respect to such 

imports. 

Participation in the investigations 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 the final phase of these 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in the final phase of these 

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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34785 

investigations available to authorized 

applicants under the APO issued in the 

investigations, provided that the 

application is made no later than 21 

days prior to the hearing date specified 

in this notice. Authorized applicants 

must represent interested parties, as 

defined by 19 U.S.C. 1677(9), who are 

parties to the investigations. A party 

granted access to BPI in the preliminary 

phase of the investigations 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 final phase of these 

investigations will be placed in the 

nonpublic record on September 2, 2009, 

and a public version will be issued 

thereafter, pursuant to section 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of these investigations beginning 

at 9:30 a.m. on September 17, 2009, 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 September 9, 

2009. 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 September 11, 2009, at the U.S. 

International Trade Commission 

Building. Oral testimony and written 

materials to be submitted at the public 

hearing are governed by sections 

201.6(b)(2), 201.13(f), and 207.24 of the 

Commission’s rules. Parties must submit 

any request to present a portion of their 

hearing testimony in camera no later 

than 7 business days prior to the date of 

the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is September 10, 2009. Parties 

may also file written testimony in 

connection with their presentation at 

the hearing, as provided in section 

207.24 of the Commission’s rules, and 

posthearing briefs, which must conform 

with the provisions of section 207.25 of 

the Commission’s rules. The deadline 

for filing posthearing briefs is 

September 24, 2009; 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 

investigation may submit a written 

statement of information pertinent to 

the subject of the investigation, 

including statements of support or 

opposition to the petition, on or before 

September 24, 2009. On October 9, 

2009, 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 October 14, 2009, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.30 of the Commission’s 

rules. All written submissions must 

conform with the provisions of section 

201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

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 means, except to 

the extent permitted by section 201.8 of 

the Commission’s rules, as amended, 67 

FR 68036 (November 8, 2002). Even 

where electronic filing of a document is 

permitted, certain documents must also 

be filed in paper form, as specified in II 

(C) of the Commission’s Handbook on 

Electronic Filing Procedures, 67 FR 

68168, 68173 (November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (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 investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules. 

Issued: July 13, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–16995 Filed 7–16–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–628] 

In the Matter of Certain Computer 

Products, Computer Components and 

Products Containing Same; Notice of 

Commission Decision Not To Review 

the ALJ’s Final Initial Determination 

Finding No Violation of Section 337; 

Termination of Investigation 

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 the presiding administrative law 

judge’s (‘‘ALJ’’) final initial 

determination (‘‘ID’’) issued on March 

16, 2009, finding no violation of section 

337 of the Tariff Act of 1930, 19 U.S.C. 

1337 in this investigation. 

FOR FURTHER INFORMATION CONTACT: 

Panyin Hughes, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3042. 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 January 14, 2008, based on a 

complaint filed by International 

Business Machines Corporation of 

Armonk, New York (‘‘IBM’’). 73 FR 2275 

(Jan. 14, 2008). The complaint alleged 

violations 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 computer products, computer 

components and products containing 

same by reason of infringement of 

certain claims of United States Patent 

Nos. 5,008,829 (‘‘the ’829 patent’’); 

5,249,741 (‘‘the ’741 patent’’); and 

5,371,852 (‘‘the ’852 patent’’). The 

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