[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
