[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)] [Notices] [Pages 33943-33944] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16613] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-378] Certain Asian-Style Kamaboko Fish Cakes; Notice of Commission Determinations Not To Review Two Initial Determinations Finding a Violation of Section 337 and Two Respondents in Default, and of the Schedule for Filing Written Submissions 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 not to review two initial determinations (IDs) issued in Order No. 15 on May 21, 1996, by the presiding administrative law judge (ALJ) in the above-captioned investigation. The first found a violation of section 337 of the Tariff Act of 1930 in the importation and sale of certain Asian-style kamaboko fish cakes and the second found two respondents in default. FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone 202-205-3116. Copies of the nonconfidential versions of the IDs 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 S.W., Washington, D.C. 20436, telephone 202- 205-2000. Hearing-impaired persons are advised that information on the matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on September 12, 1995, based on a complaint filed by Yamasa Enterprises of Los Angles, California. 60 Fed Reg. 48722. The following six firms were names as respondents: Yamasa Kamaboko Co., Ltd. (YKCL); Alpha Oriental Foods, Inc. (Alpha); N.A. Sales, Inc.; New Japan Food Corp.; Rhee Brothers, Inc.; and Rokko Trading Co., Inc. Respondents N.A. Sales and Rokko Trading Co. were subsequently terminated from the investigation on the basis of a settlement agreement. Respondent Alpha is believed to have gone out of business. On May 21, 1996, the presiding ALJ issued Order No. 15 which included two IDs. In one ID the ALJ granted complainant's motion for summary determination on each substantive issue in the investigation. In the other ID the ALJ granted complainant's motion that respondents New Japan Food Corp. and Rhee Brothers be found in default. Respondent YKCL filed a petition for review of the IDs, and complainant and the Commission investigative attorney filed oppositions to YKCL's petition. On June 6, 1996, the ALJ also issued a recommended determination on the issues of remedy and bonding. In connection with final disposition of this investigation, the Commission may 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 New Japan Food Corp. and Rhee Brothers 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 are likely to do so. For background, see the Commission Opinion, In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360. 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 submissions concerning the amount of the bond that should be imposed, if remedial orders are issued. WRITTEN SUBMISSIONS: The parties to the investigation, interested government agencies, and any other interested persons are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the June 6, 1996, recommended determination by the ALJ. 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 July 15, 1996. Reply submissions must be filed no later than the close of [[Page 33944]] business on July 8, 1996. No further submissions will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 14 true copies thereof with the Office of the Secretary 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 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, as amended (19 U.S.C. 1337), and rules 210.42 and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR Secs. 210.42 and 210.50). Issued: June 21, 1996. By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 96-16613 Filed 6-28-96; 8:45 am] BILLING CODE 7020-01-P