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61840 Federal Register / Vol. 70, No.

206 / Wednesday, October 26, 2005 / Notices

individuals were removed from an Reservation, Oregon and Coquille Tribe from the People’s Republic of China is
unknown site near Pistol River, Curry of Oregon that this notice has been being imported into the United States in
County, OR. In 1970, Mrs. Dorothy published. such increased quantities or under such
Timeus donated the human remains to Dated: September 28, 2005 conditions as to cause or threaten to
the museum. According to Mrs. Timeus, Sherry Hutt, cause market disruption to the domestic
the human remains are Native American producers of like or directly competitive
Manager, National NAGPRA Program.
and were found in the sand dunes near products.3 (70 FR 58746, October 7,
[FR Doc. 05–21332 Filed 10–25–05; 8:45 am]
the Pistol River. It is unknown if the 2005).
human remains were removed by Mrs.
Recommendations on Proposed
Timeus. No known individuals were
identified. No associated funerary
objects are present. INTERNATIONAL TRADE Chairman Stephen Koplan and
A letter written by Mr. Harmon COMMISSION Commissioner Charlotte R. Lane
Timeus, Mrs. Timeus’ son, states, ‘‘I [Investigation No. TA–421–6] propose that the President impose an
have checked with several authorities annual quota of 160,000 short tons on
concerning the Indian skulls and Circular Welded Non-Alloy Steel Pipe imports of circular welded non-alloy
relics...they are all from the To-To-Tin From China steel pipe from China for a three-year
tribe. There were many smaller groups period. They further recommend that, if
of this tribe. The Chetl-essen-tans is the Determination applications are filed, the President
specific group which inhabited the land On the basis of information developed direct the U.S. Department of Commerce
where the relics were found.’’ The in the subject investigation, the United and the U.S. Department of Labor to
authorities cited in the letter are States International Trade Commission provide expedited consideration of
unknown. The tribe mentioned in the determines, pursuant to section trade adjustment assistance for firms
letter is most likely the Chet-less-ing-ton 421(b)(1) of the Trade Act of 1974,1 that and/or workers affected by the subject
Band of Too-too-to-ney tribe, who were circular welded non-alloy steel pipe 2 imports.
located at the eddy of Pistol River in the Commissioner Jennifer A. Hillman
1800s. The Chet-less-ing-ton were 1 19 U.S.C. 2451(b)(1). and Commissioner Shara L. Aranoff
signatories to the Oregon Coast Treaty of 2 The products subject to this investigation propose that the President impose a
1855 and by 1857 the Chet-less-ing-ton include certain welded carbon quality steel pipes tariff-rate quota for a period of three
and tubes, of circular cross-section, with an outside
were residing on the reservation of the diameter of 0.372 inches (9.45 mm) or more, but not
years on imports of circular welded
Confederated Tribes of the Siletz more than 16 inches (406.4 mm), regardless of wall non-alloy steel pipe from China as
Reservation, Oregon (Harris, 1858). The thickness, surface finish (black, galvanized, or follows: 267,468 short tons in the first
Chet-less-ing-ton are a subgroup of the painted), end finish (plain end, beveled end, year of relief, 280,841 short tons in the
grooved, threaded, or threaded and coupled), or
Athabaskan/Tututni, which is one of the industry specification (ASTM, proprietary, or second year, and 308,925 short tons in
member tribes of the Confederated other), generally known as standard pipe and the third year, with subject pipe entered
Tribes of the Siletz Reservation, Oregon. structural pipe (they may also be referred to as within the quota subject to the current
structural or mechanical tubing). The term carbon rate of duty of ‘‘Free,’’ and over-quota
quality steel may include certain low alloy steel
Officials of the Horner Collection, imported as other alloy steel pipes and tubes. imports subject to a duty of 25 percent
Oregon State University have All pipe meeting the physical description set ad valorem. They further recommend
determined that, pursuant to 25 U.S.C. forth above that is used in, or intended for use in, that, if applications are filed, the
3001 (9–10), the human remains standard and structural pipe applications is covered President direct the U.S. Department of
described above represent the physical by the scope of this investigation. Standard pipe
applications include the low-pressure conveyance Commerce and the U.S. Department of
remains of 17 individuals of Native of water, steam, natural gas, air and other liquids Labor to provide expedited
American ancestry. Officials of the and gases in plumbing and heating systems, air consideration of any petitions for trade
Horner Collection, Oregon State conditioning units, automatic sprinkler systems, adjustment assistance filed by firms or
Unversity also have determined that, and other related uses. Standard pipe may also be
used for light load-bearing and mechanical workers affected by the subject imports.
pursuant to 25 U.S.C. 3001 (2), there is applications, such as for fence tubing, and as an
a relationship of shared group identity intermediate product for protection of electrical
that can be reasonably traced between wiring, such as conduit shells. Structural pipe is Following receipt of a petition, on
used in construction applications.
the Native American human remains August 2, 2005, on behalf of Allied Tube
Products not included in this investigation are
and the Confederated Tribes of the mechanical tubing (whether or not cold-drawn) and Conduit Corp., Harvey, IL; IPSCO
Siletz Reservation, Oregon. provided for in HTS subheading 7306.30.50, tube Tubulars, Inc., Camanche, IA; Maruichi
Representatives of any other Indian and pipe hollows for redrawing provided for in American Corp., Santa Fe Springs, CA;
tribe that believes itself to be culturally HTS 7306.30.5035, or finished electrical conduit Maverick Tube Corp., Chesterfield, MO;
provided for in HTS 7306.30.5028. API line pipe
affiliated with the human remains used in oil or gas applications requiring API
should contact Sabah Randhawa certifications is also not included in this Pipe multiple-stenciled to the ASTM A–53
Executive Vice President and Provost, investigation. Similarly, pipe produced to the API specification and to any other specification, such as
specifications for oil country tubular goods use are the API–fL or 5L X–42 specifications, or single-
President’s Office, Oregon State certified pipe that enters under HTS subheading
not included in this investigation.
University, 600 Kerr Administration The subject imported products are currently 7306.10.10, is covered by this investigation when
Building, Corvallis, OR 97331, provided for in the Harmonized Tariff Schedule of used in, or intended for use in, one of the standard
telephone (541) 737–8260, before the United States (HTS) subheadings 7306.30.10 pipe applications listed above, regardless of the
and 7306.30.50. Specifically, the various HTS HTS category in which it is entered. Pipe shells that
November 25, 2005. Repatriation of the enter the United States under HTS subheading
statistical reporting numbers under which the
human remains to the Confederated subject standard pipe has been provided for since 7306.30.50, including HTS statistical reporting
Tribes of the Siletz Reservation, Oregon January 1, 1992, are as follows: 7306.30.1000, number 7306.30.5028, are also covered by this
may proceed after that date if no 7306.30.5025, 7306.30.5032, 7306.30.5040, investigation. The investigation also covers pipe
7306.30.5055, 7306.30.5085, and 7306.30.5090. used for the production of scaffolding (but does not
additional claimants come forward. include finished scaffolding).
Although the HTS category is provided for
Horner Collection, Oregon State convenience and Customs purposes, the written 3 Vice Chairman Deanna Tanner Okun and
University is responsible for notifying description of the merchandise under investigation Commissioner Daniel R. Pearson make a negative
the Confederated Tribes of the Siletz is dispositive. determination.

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

Sharon Tube Co., Sharon, PA; Western States, the sale for importation, and the scanners or scan engines, components
Tube Conduit Corp., Long Beach, CA; sale within the United States after thereof or products containing same by
Wheatland Tube Co., Wheatland, PA.; importation of certain laser bar code reason of infringement of one or more of
and the United Steelworkers of scanners and scan engines, components claim 48 of U.S. Patent No. 5,262,627,
America, AFL–CIO, Pittsburgh, PA; the thereof and products containing same claims 7, 13, 14, 17, and 18 of U.S.
Commission instituted investigation No. by reason of infringement of claim 48 of Patent No. 5,545,889, claims 17 and 18
TA–421–06, Circular Welded Non-Alloy U.S. Patent No. 5,262,627, claims 7, 13, of U.S. Patent No. 5,917,173, claims 2
Steel Pipe from China, under section 14, 17, and 18 of U.S. Patent No. and 21 of U.S. Patent No. 5,457,308, and
421(b) of the Act to determine whether 5,545,889, claims 17 and 18 of U.S. claims 1, 2, and 4–6 of U.S. Patent No.
circular welded non-alloy steel pipe Patent No. 5,917,173, claims 2 and 21 of 6,220,514, and whether an industry in
from China is being imported into the U.S. Patent No. 5,457,308, and claims 1, the United States exists as required by
United States in such increased 2, and 4–6 of U.S. Patent No. 6,220,514. subsection (a)(2) of section 337.
quantities or under such conditions as The complaint further alleges that an (2) For the purpose of the
to cause or threaten to cause market industry in the United States exists as investigation so instituted, the following
disruption to the domestic producers of required by subsection (a)(2) of section are hereby named as parties upon which
like or directly competitive products. 337. this notice of investigation shall be
Notice of the institution of the The complainant requests that the served:
Commission’s investigation and of the Commission institute an investigation (a) The complainant is—Symbol
scheduling of a public hearing to be and, after the investigation, issue a Technologies, Inc., One Symbol Plaza,
held in connection therewith was given permanent limited exclusion order and Holtsville, New York 11742–1300.
by posting a copy of the notice on the cease and desist orders. (b) The respondents are the following
Commission’s Web site (www.usitc.gov) ADDRESSES: The complaint, except for entities alleged to be in violation of
and by publishing the notice in the any confidential information contained section 337, and are the parties upon
Federal Register of August 10, 2005 (70 therein, is available for inspection which the complaint is to be served:
FR 46543). The hearing was held on during official business hours (8:45 a.m. Metro (Suzhou) Technologies Co., Ltd.,
September 16, 2005 in Washington, DC; to 5:15 p.m.) in the Office of the 221 Xing Hai Street, Suzhou Industrial
all persons who requested the Secretary, U.S. International Trade Park, Suzhou, China. Metrologic
opportunity were permitted to appear in Commission, 500 E Street, SW., Room Instruments, Inc., 90 Coles Road,
person or by counsel. 112, Washington, DC 20436, telephone Blackwood, New Jersey 08012.
202–205–2000. Hearing impaired (c) Kevin Baer, Esq., Office of Unfair
The views of the Commission are
individuals are advised that information Import Investigations, U.S. International
contained in USITC Publication 3807
on this matter can be obtained by Trade Commission, 500 E Street, SW.,
(October 2005), entitled Circular Welded
contacting the Commission’s TDD Suite 401, Washington, DC 20436, who
Non-alloy Steel Pipe from China:
terminal at 202–205–1810. Persons with shall be the Commission investigative
Investigation No. TA–421–6.
mobility impairments who will need attorney, party to this investigation; and
Issued: October 21, 2005. (3) For the investigation so instituted,
special assistance in gaining access to
By order of the Commission. the Commission should contact the the Honorable Charles E. Bullock is
Marilyn R. Abbott, Office of the Secretary at 202–205–2000. designated as the presiding
Secretary to the Commission. General information concerning the administrative law judge.
[FR Doc. 05–21395 Filed 10–25–05; 8:45 am] Commission may also be obtained by Responses to the complaint and the
BILLING CODE 7020–02–P accessing its Internet server at http:// notice of investigation must be
www.usitc.gov. The public record for submitted by the named respondents in
this investigation may be viewed on the accordance with section 210.13 of the
INTERNATIONAL TRADE Commission’s electronic docket (EDIS) Commission’s Rules of Practice and
COMMISSION at http://edis.usitc.gov. Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
responses will be considered by the
Kevin Baer, Esq., Office of Unfair Import
Commission if received not later than 20
In the Matter of Certain Laser Bar Code Investigations, U.S. International Trade
days after the date of service by the
Scanners and Scan Engines, Commission, telephone 202–205–2221.
Commission of the complaint and the
Components Thereof and Products Authority: The authority for institution of notice of investigation. Extensions of
Containing Same; Notice of this investigation is contained in section 337 time for submitting responses to the
Investigation of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
complaint and the notice of
AGENCY: International Trade of Practice and Procedure, 19 CFR 210.10 investigation will not be granted unless
Commission. (2005). good cause therefor is shown.
ACTION: Institution of investigation Failure of a respondent to file a timely
Scope of Investigation response to each allegation in the
pursuant to 19 U.S.C. 1337.
Having considered the complaint, the complaint and in this notice may be
SUMMARY: Notice is hereby given that a U.S. International Trade Commission, deemed to constitute a waiver of the
complaint was filed with the U.S. on October 19, 2005, Ordered that— right to appear and contest the
International Trade Commission on (1) Pursuant to subsection (b) of allegations of the complaint and this
September 23, 2005, under section 337 section 337 of the Tariff Act of 1930, as notice, and to authorize the
of the Tariff Act of 1930, as amended, amended, an investigation be instituted administrative law judge and the
19 U.S.C. 1337, on behalf of Symbol to determine whether there is a Commission, without further notice to
Technologies, Inc. of Holtsville, New violation of subsection (a)(1)(B) of the respondent, to find the facts to be as
York. An amended complaint was filed section 337 in the importation into the alleged in the complaint and this notice
on October 14, 2005. The complaint, as United States, the sale for importation, and to enter a final determination
amended, alleges violations of section or the sale within the United States after containing such findings, and may
337 in the importation into the United importation of certain laser bar code result in the issuance of a limited

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