[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19237-19238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9625]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-637]


In the Matter of Certain Hair Irons and Packaging Thereof; Notice 
of Commission Decision Not To Review an Initial Determination; Schedule 
for Submissions: Extension of Target Date

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 not to review a final initial determination 
(``ID'') (Order No. 14) issued by the presiding administrative law 
judge (``ALJ'') finding a violation of Section 337. The Commission has 
extended the target date for completion of this investigation by 17 
days, i.e., until June 29, 2009.

FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3104. Copies of the public 
version of the ID and 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. Hearing-impaired persons 
are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810. 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.

SUPPLEMENTARY INFORMATION: On March 14, 2008, the Commission instituted 
this investigation, based on a complaint filed by Farouk Systems, Inc. 
(``FSI'') of Houston, Texas. The respondents named in the notice of 
investigation were: CHI Systems Singapore Pte. Ltd. of Singapore (``CHI 
Systems''); Princess Silk, LLC (``Princess Silk'') of Lake Forest, 
California; Kamashi International of Hong Kong, China (``Kamashi''); 
Mount Rise Ltd. (``Mount Rise'') of Dongguan, China; and Dongguan 
Fumeikang Electrical Technology Co., Ltd. (``Dongguan Fumeikang'') of 
Dongguan, China. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337. 
On May 21, 2008, Dongguan Fumeikang was terminated from this 
investigation on the basis of a consent order. See Order No. 8. The 
Commission determined not to review Order No. 8 on June 13, 2008. On 
December 4, 2008, Princess Silk was terminated from this investigation 
on the basis of a consent order. See Order No. 11. The Commission 
determined not to review Order No. 11 on December 23, 2008.
    On November 10, 2008, FSI filed a motion requesting an order 
directing the remaining respondents, Mount Rise, Kamashi, and CHI 
Systems, to show cause why they should not be found in default for 
failure to respond to the complaint and Notice of Investigation. On 
December 5, 2008, the ALJ issued Order No. 12, which ordered Mount 
Rise, Kamashi and CHI Systems to show cause why they should not be 
found in default. No responses to Order No. 12 were filed. On January 
30, 2009, the ALJ issued Order No. 13, an ID granting FSI's motion to 
find Mount Rise, Kamashi, and CHI Systems in default for failure to 
respond to Order No. 12. No petitions for review were filed. The 
Commission determined not to review Order No. 13.
    FSI also filed a motion for summary determination of violation by 
Mount Rise, Kamashi, and CHI Systems on November 10, 2008. These 
entities were the last remaining respondents, the investigation having 
been terminated based on consent orders with respect to all other 
respondents. Pursuant to Commission Rule 210.16(c)(2), 19 CFR 
216(c)(2), FSI declared that it would seek a general exclusion order 
when it filed its motion for summary determination of violation.
    On March 10, 2009, the ALJ issued the subject ID, Order No. 14, 
granting FSI's motion for summary determination of violation. He also 
issued his recommendations on remedy and bonding. No petitions for 
review were filed. The Commission has determined not to review Order 
No. 14. The Commission has also determined to extend the target date 
for completion of the investigation by 17 days, i.e., until June 29, 
2009.
    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 the 
respondent 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

[[Page 19238]]

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 U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005. 70 FR 43251 (July 26, 2005). 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 if a remedy is ordered.
    Written Submissions: 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. Complainants and the Commission investigative attorney are 
also requested to submit proposed remedial orders for the Commission's 
consideration. Complainants are also requested to state the HTSUS 
numbers under which the accused products are imported.
    Written submissions must be filed no later than close of business 
on May 8, 2009. Reply submissions must be filed no later than the close 
of business on May 15, 2009. Such submissions should address the ALJ's 
recommended determinations on remedy and bonding which were made in 
Order No. 14 (March 10, 2009). No further submissions on any of 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 
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 210.6. 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 section 210.16 and 210.42-46 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.16; 210.42-46).


    By order of the Commission.

    Issued: April 21, 2009.

Marilyn R. Abbott,
Secretary to the Commission.

William R. Bishop,
Acting Secretary to the Commission.

[FR Doc. E9-9625 Filed 4-27-09; 8:45 am]
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