[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1757]


[[Page Unknown]]

[Federal Register: January 27, 1994]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-347]

 

Certain Anti-Theft Deactivatable Resonant Tags and Components; 
Notice of Request for Written Submissions on the Issues of Remedy, the 
Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to request submissions on the issues of 
remedy, the public interest, and bonding in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3105.

SUPPLEMENTARY INFORMATION: On December 9, 1993, the presiding 
administrative law judge (ALJ) issued a final initial determination 
(ID) in this investigation. Ordinarily, final IDs are processed in 
accordance with the deadlines set forth in Commission interim rules 
Sec. 210.53-.56. In this investigation, however, the Commission 
determined to waive in part the application of those interim rules and 
to apply instead a revised procedure, as set forth at 58 FR 63391 (Dec. 
1, 1993). Accordingly, the Commission ordered that consideration of the 
ALJ's final ID in this investigation would be according to a revised 
procedure. Under the revised schedule, the parties were allowed to file 
petitions for review of the ID, responses to the petitions for review, 
and replies to the responses by certain deadlines. The Commission also 
indicated that it might later issue a notice requesting written 
submissions from the parties, other federal agencies, and interested 
members of the public on the issues of remedy, the public interest, and 
bonding, and/or requiring the parties to file supplemental briefs on 
violation issues selected by the Commission.
    In accordance with the schedule previously announced, complainant 
filed a petition for review, respondents and the Commission 
investigative attorney filed responses to the petition for review, and 
all parties filed reply submissions.
    The Commission has not yet completed its review of the record in 
this investigation and has made no determinations with respect to the 
ID or complainant's petition for review.
    If the Commission finds a violation of section 337 of the Tariff 
Act of 1930 (19 U.S.C. 1337) in this investigation, it could 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 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 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 written submissions concerning the 
amount of the bond that should be imposed, if any.

WRITTEN SUBMISSIONS: The parties to the investigation, interested 
government agencies, and any other interested persons are requested to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Comments regarding remedy, the public interest, and 
bonding are particularly requested with respect to respondent Custom 
Securities Industries, Inc., which was found in default on October 17, 
1993. See 58 FR 52323.
    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 January 31, 1994. 
Reply submissions must be filed no later than the close of business on 
February 7, 1994. No further submissions will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof 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 Sec. 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 (19 U.S.C. 1337) and Sec. 210.58 of the Commission's 
Interim Rules of Practice and Procedure (19 CFR Sec. 210.58).
    Copies of the public version of the 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 202-205-3000. Hearing-impaired persons are advised that 
information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

    By order of the Commission.

    Issued: January 21, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-1757 Filed 1-26-94; 8:45 am]
BILLING CODE 7020-02-P