[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Notices]
[Page 31638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12650]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-492]


In the Matter of Certain Plastic Grocery and Retail Bags; Notice 
of Commission Determination Not To Review an Initial Determination 
Finding a Violation of Section 337; Schedule for 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 the final initial determination 
(ID) issued by the presiding administrative law judge (ALJ) in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Andrea Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3105. Copies of all 
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 investigation 
on May 2, 2003, based on a complaint filed by Superbag Corp. 
(``Superbag'') of Houston, Texas, against four respondents. 68 FR 24755 
(May 8, 2003). Superbag's complaint alleges violations of section 337 
of the Tariff Act of 1930 in the importation into the United States, 
sale for importation, and/or sale within the United States after 
importation of certain T-styled plastic grocery and retail bags that 
infringe one or more of claims 1-8 and 15-19 of Superbag's U.S. Patent 
No. 5,188,235. On March 30, 2004, the ALJ issued his final ID and 
recommended determination on remedy and bonding, finding that there is 
a violation of section 337 and recommending that the Commission issue a 
general exclusion order. He also recommended that the bond permitted 
temporary importation during the Presidential review period be set at 
80 percent of the entered value. No party petitioned for review of the 
ID.
    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 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, it 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 in this investigation include the 
effect that an exclusion order 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.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Such submissions should address the March 30, 2004, recommended 
determination by the ALJ on remedy and bonding. Complainant and the 
Commission investigative attorney are also requested to submit proposed 
orders for the Commission's consideration. The written submissions and 
proposed orders must be filed no later than close of business on June 
21, 2004. Reply submissions, if any, must be filed no later than the 
close of business on June 28, 2004. No further submissions on these 
issues 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 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.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.42 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.42.

    Issued: May 28, 2004.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-12650 Filed 6-3-04; 8:45 am]
BILLING CODE 7020-02-P