[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]
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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.
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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