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46884 Federal Register / Vol. 70, No.

154 / Thursday, August 11, 2005 / Notices

importer does not know that a latent INTERNATIONAL TRADE INTERNATIONAL TRADE
defect in the merchandise exists at the COMMISSION COMMISSION
time of entry summary, the importer [Inv. No. 337–TA–548]
cannot flag the entry summary for later [Investigation No. 731–TA–429 (Second
resolution through Reconciliation. Review)] In the Matter of Certain Tissue
CBP notes that the issue of whether Converting Machinery, Including
these latent defect claims fall within the Mechanical Transfer Presses From Rewinders, Tail Sealers, Trim
scope of § 158.12, and if so, the Japan Removers, and Components Thereof;
evidence needed to support these Notice of Investigation
claims, is still under review by the AGENCY: United States International
AGENCY: U.S. International Trade
courts. There have been several Trade Commission.
Commission.
preliminary court rulings on the subject, ACTION: Termination of five-year review. ACTION: Institution of investigation
but several cases addressing these issues pursuant to 19 U.S.C. 1337.
are still pending at the Court of SUMMARY: The subject five-year review
International Trade and the Court of SUMMARY: Notice is hereby given that a
was initiated in May 2005 to determine
Appeals for the Federal Circuit complaint was filed with the U.S.
whether revocation of the antidumping
(Volkswagen of America, Inc. v. United International Trade Commission on July
duty order on mechanical transfer
8, 2005, under section 337 of the Tariff
States, Court No. 96–01–00132, Court of presses from Japan would be likely to Act of 1930, as amended, 19 U.S.C.
International Trade; Saab Cars USA Inc. lead to continuation or recurrence of 1337, on behalf of Fabio Perini North
v. United States, Court Nos. 04–1268 dumping and of material injury to a America, Inc., of Green Bay, Wisconsin.
and 04–1416, Court of Appeals for the domestic industry. On August 1, 2005, The complaint alleges violations of
Federal Circuit). Regardless of the final the Department of Commerce published section 337 in the importation into the
outcome of the court cases, the notice that it was revoking the order United States, the sale for importation,
Reconciliation procedure cannot be effective June 21, 2005 because ‘‘the and the sale within the United States
used with regard to latent defect claims domestic interested parties did not after importation of certain tissue
made pursuant to § 158.12 or any other participate in this sunset review. * * *’’ converting machinery, including
provision. (70 FR 44089). Accordingly, pursuant to rewinders, tail sealers, trim removers,
section 751(c) of the Tariff Act of 1930 and components thereof, by reason of
Test Clarification
(19 U.S.C. 1675(c)), the subject review is infringement of claims 1, 3, 6, 7, 8, 13,
Reconciliation may not be used with terminated. 14, and 15 of U.S. Patent No. 5,979,818,
respect to claims for value allowances claims 1–5 of U.S. Patent No. Re.
DATES: Effective: June 21, 2005. 35,729, and claim 5 of U.S. Patent No.
made pursuant to § 158.12 or any other
provision based on alleged latent FOR FURTHER INFORMATION CONTACT: 5,475,917. The complaint further alleges
Mary Messer (202–205–3193), Office of that there exists an industry in the
manufacturing defects. Thus, to clarify,
Investigations, U.S. International Trade United States as required by subsection
the Reconciliation test covers the
Commission, 500 E Street, SW., (a)(2) of section 337.
following issues: (1) Value issues other The complainant requests that the
than claims based on latent Washington, DC 20436. Hearing-
Commission institute an investigation
manufacturing defects; (2) classification impaired individuals are advised that and, after the investigation, issue a
issues, on a limited basis; (3) issues information on this matter can be permanent exclusion order and a
concerning value aspects of entries filed obtained by contacting the permanent cease and desist order.
under heading 9802, Harmonized Tariff Commission’s TDD terminal on 202– ADDRESSES: The complaint, except for
Schedule of the United States (HTSUS; 205–1810. Persons with mobility any confidential information contained
9802 issues); and (4) post-entry claims impairments who will need special therein, is available for inspection
under 19 U.S.C. 1520(d) for the benefits assistance in gaining access to the during official business hours (8:45 a.m.
of the North American Free Trade Commission should contact the Office to 5:15 p.m.) in the Office of the
Agreement (NAFTA) or the United of the Secretary at 202–205–2000. Secretary, U.S. International Trade
States-Chile Free Trade Agreement (US– General information concerning the Commission, 500 E Street, SW., Room
CFTA) for merchandise as to which Commission may also be obtained by 112, Washington, DC 20436, telephone
such claims were not made at the time accessing its Internet server (http:// 202–205–2000. Hearing impaired
of entry. CBP considers this a www.usitc.gov). individuals are advised that information
clarification of the test procedure Authority: This review is being terminated
on this matter can be obtained by
because CBP never contemplated latent under authority of title VII of the Tariff Act
contacting the Commission’s TDD
defect claims to be value issues eligible of 1930; this notice is published pursuant to
terminal on 202–205–1810. Persons
for Reconciliation. section 207.69 of the Commission’s rules (19 with mobility impairments who will
CFR 207.69). need special assistance in gaining access
Dated: August 3, 2005. to the Commission should contact the
Denise Crawford, Issued: August 8, 2005. Office of the Secretary at 202–205–2000.
Acting Assistant Commissioner, Office of By order of the Commission. General information concerning the
Field Operations. Marilyn R. Abbott, Commission may also be obtained by
[FR Doc. 05–15904 Filed 8–10–05; 8:45 am] Secretary to the Commission. accessing its Internet server at http://
www.usitc.gov. The public record for
BILLING CODE 4820–02–U [FR Doc. 05–15935 Filed 8–10–05; 8:45 am]
this investigation may be viewed on the
BILLING CODE 7020–02–P
Commission’s electronic docket (EDIS)
at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
David O. Lloyd, Esq., Office of Unfair

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Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Notices 46885

Import Investigations, U.S. International days after the date of service by the telephone 202–205–2000. Hearing-
Trade Commission, telephone 202–205– Commission of the complaint and the impaired persons are advised that
2576. notice of investigation. Extensions of information on this matter can be
time for submitting the response to the obtained by contacting the
Authority: The authority for institution of
this investigation is contained in section 337
complaint will not be granted unless Commission’s TDD terminal on 202–
of the Tariff Act of 1930, as amended, and good cause therefor is shown. 205–1810. General information
in section 210.10 of the Commission’s Rules Failure of the respondent to file a concerning the Commission may also be
of Practice and Procedure, 19 CFR 210.10 timely response to each allegation in the obtained by accessing its Internet server
(2005). complaint and in this notice may be (http://www.usitc.gov). The public
deemed to constitute a waiver of the record for this investigation may be
Scope of Investigation: Having
right to appear and contest the viewed on the Commission’s electronic
considered the complaint, the U.S.
allegations of the complaint and to docket (EDIS) at http://edis.usitc.gov.
International Trade Commission, on
authorize the administrative law judge SUPPLEMENTARY INFORMATION: This
August 5, 2005, ordered that—
and the Commission, without further patent-based section 337 investigation
(1) Pursuant to subsection (b) of
notice to the respondent, to find the was instituted by the Commission on
section 337 of the Tariff Act of 1930, as
facts to be as alleged in the complaint June 3, 2004, based on a complaint filed
amended, an investigation be instituted
and this notice and to enter both an by Trend Micro Inc. (‘‘Trend Micro’’) of
to determine whether there is a
initial determination and a final Cupertino, California. 69 FR 32044–45
violation of subsection (a)(1)(B) of
determination containing such findings, (2004). The complaint alleged violations
section 337 in the importation into the
and may result in the issuance of a of section 337 in the importation into
United States, the sale for importation,
limited exclusion order or a cease and the United States, the sale for
or the sale within the United States after
desist order or both directed against the importation into the United States, or
importation of certain tissue converting
respondent. the sale within the United States after
machinery, including rewinders, tail
By order of the Commission. importation of certain systems for
sealers, trim removers, and components
Issued: August 5, 2005. detecting and removing viruses or
thereof, by reason of infringement of one
worms, components thereof, and
or more of claims 1, 3, 6, 7, 8, 13, 14, Marilyn R. Abbott,
products containing same by reason of
and 15 of U.S. Patent No. 5,979,818, Secretary to the Commission.
infringement of claims 1–22 of U.S.
claims 1–5 of U.S. Patent No. Re. [FR Doc. 05–15938 Filed 8–10–05; 8:45 am] Patent No. 5,623,600 (‘‘the 600 patent’’).
35,729, and claim 5 of U.S. Patent No. BILLING CODE 7020–02–P The notice of investigation named
5,475,917, and whether an industry in
Fortinet, Inc. (‘‘Fortinet’’) of Sunnyvale,
the United States exists as required by
California as the sole respondent.
subsection (a)(2) of section 337. INTERNATIONAL TRADE On October 12, 2004, the ALJ issued
(2) For the purpose of the COMMISSION an initial determination (ID) (Order No.
investigation so instituted, the following 6) terminating the investigation as to
are hereby named as parties upon which [Inv. No. 337–TA–510]
claims 2, 5–6, 9–10, and 16–22 of the
this notice of investigation shall be 600 patent based upon Trend Micro’s
Certain Systems for Detecting and
served: unopposed motion to withdraw these
Removing Viruses or Worms,
(a) The complainant is— claims. The Commission did not review
Components Thereof, and Products
Fabio Perini North America, Inc., Order No. 6, hence the claims of the 600
Containing Same; Termination of
3060 South Ridge Road, Green Bay, patent in issue are claims 1, 3, 4, 7, 8,
Investigation; Issuance of a Limited
Wisconsin 54304; and 11–15.
Exclusion Order and a Cease and
(b) The respondent is the following On December 14, 2004, the ALJ issued
Desist Order
company alleged to be in violation of an ID (Order No. 13) granting
section 337 and upon which the AGENCY: U.S. International Trade complainant Trend Micro’s motion for a
complaint is to be served: Commission. summary determination that it satisfies
Chan Li Machinery, Co., Ltd., 103 ACTION: Notice. the economic prong of the domestic
Wencheng Rd., Taishan Hsiang, Taipei industry requirement. Order No. 13 was
Hsien, Taiwan 243; SUMMARY: Notice is hereby given that
not reviewed by the Commission.
(c) David O. Lloyd, Esq., Office of the U.S. International Trade An evidentiary hearing was held from
Unfair Import Investigations, U.S. Commission has terminated the above- January 24, 2005 to January 28, 2005.
International Trade Commission, 500 E captioned investigation in which it has On March 29, 2005, a second
Street, SW., Room 401–M, Washington, found a violation of the Tariff Act of evidentiary hearing was conducted and
DC 20436, who shall be the Commission 1930 and has issued a limited exclusion additional exhibits received into
investigative attorney, party to this order and a cease and desist order. evidence.
investigation; and FOR FURTHER INFORMATION CONTACT: On May 9, 2005, the administrative
(3) For the investigation so instituted, Jonathan J. Engler, Esq., Office of the law judge (‘‘ALJ’’) issued his final ID
the Honorable Sidney Harris is General Counsel, U.S. International finding a violation of section 337 based
designated as the presiding Trade Commission, 500 E Street, SW., on his findings that claims 4, 7, 8, and
administrative law judge. Washington, DC 20436, telephone 202– 11–15 of the 600 patent are not invalid
A response to the complaint and the 205–3112. Copies of the public version or unenforceable, and are infringed by
notice of investigation must be of the ID and all nonconfidential respondent’s products. The ALJ also
submitted by the named respondent in documents filed in connection with this found that claims 1 and 3 of the 600
accordance with section 210.13 of the investigation are or will be available for patent are invalid as anticipated by
Commission’s Rules of Practice and inspection during official business prior art and that a domestic industry
Procedure, 19 CFR 210.13. Pursuant to hours (8:45 a.m. to 5:15 p.m.) in the exists. He also issued his recommended
19 CFR 201.16(d) and 210.13(a), such Office of the Secretary, U.S. determination on remedy and bonding.
response will be considered by the International Trade Commission, 500 E On May 20, 2005, respondent Fortinet
Commission if received no later than 20 Street, SW., Washington, DC 20436, filed a petition for review of the final ID

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