Notices. Notice
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/register/2006/04/19/06-3744·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-551] In the Matter of Certain Laser Bar Code Scanners and Scan Engines, Components Thereof and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice 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 an initial determination (“ID”) (Order No. 9) issued by the presiding administrative law judge (“ALJ”) granting complainant's motion to amend the complaint and notice of investigation.
FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5468. 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: This investigation was instituted on October 26, 2005, based on a complaint filed by Symbol Technologies Inc. (“Symbol”) of Holtsville, New York. The complaint alleges violations of section 337 of the Tariff Act of 1930 (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 laser bar code scanners or scan engines, components thereof, or products containing the same by reason of infringement of various claims of United States Patent Nos. 5,457,308 (“the '308 patent”), 5,545,889 (“the ‘889 patent”), 6,220,514 (“the '514 patent”), 5,262,627, and 5,917,173. 70 FR 61841 (Oct. 26, 2006). The complaint named two respondents: Metro Technologies Co., Ltd. of Suzhou, China, and Metrologic Instruments, Inc. of Blackwood, New Jersey (collectively, “Metrologic”). On March 9, 2006, Symbol filed a motion for leave to amend the complaint and notice of investigation to add claims 10 and 11 of the '308 patent, claims 8 and 11 of the '889 patent, and claims 3, 7, 9, and 10 of the '514 patent. Metrologic filed an opposition to Symbol's motion, asserting that Symbol failed to show good cause for its amendment and that Metrologic would be unduly prejudiced by an amendment to the complaint just one month before the close of discovery. The Commission investigative attorney supported Symbol's motion. On March 22, 2006, the ALJ issued an ID (Order No. 9) granting Symbol's motion to amend the complaint and notice of investigation. The ALJ found that, pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)), there was good cause to add claims 10 and 11 of the '308 patent, claims 8 and 11 of the '889 patent, and claims 3, 7, 9, and 10 of the '514 patent to the complaint and notice of investigation. The ALJ found that Symbol had obtained new information, justifying the addition of the newly-asserted claims of the ‘308 patent. The ALJ also found that adding the newly-asserted claims of the ‘889 patent and the '514 patent to the complaint did not prejudice the parties, because they had been notified that these claims were at issue early on in the investigation. Moreover, the ALJ noted that he had extended the target date by one month in order to alleviate any concerns regarding the amount of time remaining for discovery. No petitions for review of the ID were filed. Having examined the record of this investigation, the Commission has determined not to review the ALJ's ID. 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 § 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: April 14, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-5887 Filed 4-18-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-533] In the Matter of Certain Rubber Antidegradants, Components Thereof, and Products Containing Same; Notice of Commission Determination To Review a Final Initial Determination; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding AGENCY: International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety the final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on February 17, 2006, in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-3090. Copies of the ALJ's ID 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, SW., Washington, DC 20436, telephone 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 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 section 337 investigation on March 29, 2005, based on a complaint filed by Flexsys America LP. 70 FR 15885 (March 29, 2005). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain rubber antidegradants, components thereof, and products containing same that infringe claims 30 and 61 of U.S. Patent No. 5,117,063 (“the '063 patent”), claims 7 and 11 of U.S. Patent No. 5,608,111 (“the '111 patent”), and claims 1, 32, and 40 of U.S. Patent No. 6,140,538 (“the '538 patent”). The complaint and notice of investigation named five respondents. The investigation was subsequently terminated as to two respondents and as to the '538 patent. On February 17, 2006, the ALJ issued his final ID finding a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by respondents Sinorgchem Co., Shandong, and Sovereign Chemical Company, but finding no violation of section 337 by respondent Korea Kumho Petrochemical Co., Ltd. The ALJ recommended that the Commission issue limited exclusion orders, but did not recommend that any bond be imposed for importations during the Presidential review period. All parties petitioned for review of various parts of the final ID. Having examined the record in this investigation, including the ALJ's final ID, the petitions for review, and the responses thereto, the Commission has determined to review the final ID in its entirety. The Commission's review includes the issue of whether the ALJ properly determined that the issue of infringement by the P1 and P2 processes of Korea Kumho Petrochemical Co., Ltd. was not before him, but that review is only for the purpose of making a correction to the final ID, *i.e.* , to substitute “Motion No. 533-61” for “Motion No. 533-57” on page 96 of the final ID. The Commission has otherwise concluded that the ALJ was correct in his determination on this issue. On review, the Commission requests briefing based on the evidentiary record. While the Commission has determined to review the final ID in its entirety, it is particularly interested in briefing on the issues of claim construction and indefiniteness, especially with respect to the term “controlled amount of protic material,” which appears in all the asserted claims. In addressing the question of claim construction, each party should specifically identify those portions of the claim language, specification, and prosecution history (and other evidence, if appropriate) which support the construction it advocates. The Commission is also interested in receiving answers to the following questions: 1. With respect to the ID's construction of the term “controlled amount of protic material,” what is the basis for including “the desired selectivity,” given that col. 4, ll. 48-50 ('063 patent) states: “A ‘controlled amount’ of protic material is an amount up to that which inhibits the reaction of aniline with nitrobenzene * * *,” a statement which does not contain the term “selectivity”? 2. Given that the '111 patent is based on a continuation-in-part application, what is the legal basis for using matter in the claims and specification of that patent not common to the disclosure of the '063 patent to construe the claims of the '063 patent? What is the legal basis for using the prosecution history of the '111 patent to construe the claims of the '063 patent? 3. Referring to the ALJ's definition of “controlled amount of protic material” in the ID at 78-79, what is the meaning of the terms “inhibited” and “desired selectivity”? How are these terms applied to determine infringement by the accused processes? With respect to the claim construction of “controlled amount of protic material” adopted in the ID, what is the evidence that the claims, specification, and prosecution history would provide a person of ordinary skill in the art with knowledge of what constitutes “inhibition” and the “desired selectivity”? 4. With respect to the licensing issues raised by Korea Kumho Petrochemical Co., Ltd., which are stated to be subject to Korean law, state the applicable Korean law and discuss how it applies. 5. With respect to the estoppel issue raised by Korea Kumho Petrochemical Co., Ltd., state what law (Korean, U.S., or other) applies and how it applies. In connection with the final disposition of this investigation, the Commission may
(1)issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or
(2)issue one or more cease and desist orders that could result in respondents 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 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). 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 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. *Written Submissions* : The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation. 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. Such submissions should address the February 17, 2006, recommended determination by the ALJ on remedy and bonding. 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 close of business on April 24, 2006. Reply submissions must be filed no later than the close of business on May 1, 2006. 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 (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* section 201.6 of the Commission's Rules of Practice and Procedure, 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 § 210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-.46). By order of the Commission. Issued: April 13, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-5884 Filed 4-18-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-865-867 (Review)] Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines AGENCY: United States International Trade Commission. ACTION: Notice of Commission determinations to conduct full five-year reviews concerning the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines. SUMMARY: The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews 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). EFFECTIVE DATE: April 10, 2006. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 reviews may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: On April 10, 2006, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (71 FR 140, January 3, 2006) was adequate and that the respondent interested party group response with respect to Malaysia was adequate and decided to conduct a full review with respect to the order covering stainless steel butt-weld pipe fittings from Malaysia. The Commission found that the respondent interested party group responses with respect to Italy and the Philippines were inadequate. However, the Commission determined to conduct full reviews concerning stainless steel butt-weld pipe fittings from Italy and the Philippines to promote administrative efficiency in light of its decision to conduct a full review with respect to stainless steel butt-weld pipe fittings from Malaysia. A 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. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission's rules. Issued: April 13, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-5886 Filed 4-18-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Office on Violence Against Women; Notice of Meeting AGENCY: Office on Violence Against Women, Justice. ACTION: Notice of meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the National Advisory Committee on Violence Against Women (hereinafter Athe Committee@). DATES: The meeting will take place on April 25, 2006, from 8:30 a.m. to 5 p.m. and on April 26, 2006, from 8:30 am to 12 noon. ADDRESSES: The meeting will take place at the Westin City Center, 650 North Pearl Street, Dallas, TX 75201. Signs will be posted in the lobby of the hotel to direct attendees to the meeting location. FOR FURTHER INFORMATION CONTACT: Sandy Lonick, The National Advisory Committee on Violence Against Women, 800 K Street, NW., Ste. 920, Washington, DC 20530; by telephone at:
(202)307-6026; e-mail: *Saundra.Lonick@usdoj.gov* ; or fax:
(202)307-3911. You may also view the Committee's Web site at: *http://www.usdoj.gov/ovw/nac/welcome.html* . SUPPLEMENTARY INFORMATION: Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. The Committee is chartered by the Attorney General, and co-chaired by the Attorney General and the Secretary of Health and Human Services (the Secretary), to provide the Attorney General and the Secretary with practical and general policy advice concerning implementation of the Violence Against Women Act of 1994, the Violence Against Women Act of 2000, the Violence Against Women Act of 2005 and related laws. The Committee also assists in the efforts of the Department of Justice and the Department of Health and Human Services to combat violence against women, especially domestic violence, sexual assault, and stalking. Because violence against women is increasingly recognized as a public health problem of staggering human cost, the Committee brings national attention to the problem to increase public awareness of the need for prevention and enhanced victim services. This meeting will primarily focus on the Committee's work and the Federal Government's response to violence against women; there will, however, be an opportunity for public comment on the Committee's role in providing general policy guidance on implementation of the Violence Against Women Act of 1994, the Violence Against Women Act of 2000, the Violence Against Women Act of 2005 and related laws. *Schedule:* This meeting will be held on April 25, 2006, from 8:30 a.m. until 5 p.m. and on April 26, 2006 from 8:30 a.m. until 12 noon, and will include breaks and a working lunch. Time will be reserved for public comment on April 25 beginning at 10:45 a.m. and ending at 11:15 a.m., and on April 26 beginning at 11:15 a.m. and ending at 11:45 a.m. See the section below for information on reserving time for public comment. *Access:* This meeting will be open to the public but registration on a space-available basis is required. Persons who wish to attend must register at least six
(6)days in advance of the meeting by contacting Sandy Lonick by e-mail at: *Saundra.Lonick@usdoj.gov* ; or fax:
(202)307-3911. All attendees will be required to sign in at the meeting registration desk. Please bring photo identification and allow extra time prior to the meeting. The meeting site is accessible to individuals with disabilities. Individuals who require special accommodations in order to attend the meeting should notify Sandy Lonick by e-mail at: *Saundra.Lonick@usdoj.gov;* or fax at:
(202)307-3911, no later than April 11, 2006. After this date, we will attempt to satisfy accommodation requests, but cannot guarantee the availability of any requests. *Written Comments:* Interested parties are invited to submit written comments by April 20, 2006 to Sandy Lonick at The National Advisory Committee on Violence Against Women, 800 K Street, NW., Ste. 920, Washington, DC 20530. Comments may also be submitted by e-mail at *Saundra.Lonick@usdoj.gov* ; or fax at
(202)307-3911. *Public Comment:* Persons interested in participating during the public comment period of the meeting, which will discuss the implementation of the Violence Against Women Act of 1994 and the Violence Against Women Act of 2000, the Violence Against Women Act of 2005 and related legislation, are requested to reserve time on the agenda by contacting Sandy Lonick by e-mail at *Saundra.Lonick@usdoj.gov* ; or fax at
(202)307-3911. Requests must include the participant's name, organization represented, if appropriate, and a brief description of the issue. Each participant will be permitted approximately 3 to 5 minutes to present comments, depending on the number of individuals reserving time on the agenda. Participants are also encouraged to submit two written copies of their comments at the meeting. Given the expected number of individuals interested in presenting comments at the meeting, reservations should be made as soon as possible. Persons unable to obtain reservations to speak during the meetings are encouraged to submit written comments, which will be accepted at the meeting site or may be mailed to the Committee at 800 K Street, NW., Ste. 920, Washington, DC 20530. Diane M. Stuart, Director, Office on Violence Against Women. [FR Doc. E6-5788 Filed 4-18-06; 8:45 am] BILLING CODE 4410-FX-P DEPARTMENT OF JUSTICE National Institute of Corrections Advisory Board Meeting *Time and Date:* 8:30 a.m. to 4:30 p.m. on Monday, May 8, 2006. 8:30 a.m. to 4:30 p.m. on Tuesday, May 9, 2006. *Place:* Hillsborough County Facility, Tampa, Florida 33601, Phone: 813-247-8310. *Status:* Open. *Matters to be Considered:* Reports; Faith Based; Mental Health; Report and Discussion on Management/Leadership Development; PREA Update; Visit to Large Jail Facilities and Programs; Report on Maine Project; Agency Reports. FOR FURTHER INFORMATION CONTACT: Larry Solomon, Deputy Director, 202-307-3106, ext. 44254. Morris L. Thigpen, Director. [FR Doc. 06-3744 Filed 4-18-06; 8:45 am]
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