[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2977]
[[Page Unknown]]
[Federal Register: February 9, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-345]
Notice of Commission Determination To Apply a Modified Procedure
for Considering the Presiding Administrative Law Judge's Final Initial
Determination and for Deciding Whether There Is a Violation of Section
337 of the Tariff Act of 1930
In the Matter of Certain Anisotropically Etched One Megabit and
Greater Drams, Components Thereof, and Products Containing Such
Drams
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, pursuant to rule 201.4(b), to waive in part
the interim rules normally applicable to consideration by the
Commission of the final initial determination (ID) issued by the
presiding administrative law judge (ALJ), and to follow instead a
modified procedure for considering the ALJ's final ID in the above-
captioned investigation and for deciding whether there is a violation
of section 337 of the Tariff Act of 1930.
FOR FURTHER INFORMATION CONTACT: Judith M. Czako, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3093.
SUPPLEMENTARY INFORMATION: On or before February 18, 1994, the ALJ will
issue a final ID in this investigation. Ordinarily, final IDs are
processed in accordance with the deadlines set forth in Commission
interim rules 210.53-.56. In this investigation, however, the
Commission has determined to waive in part the application of those
interim rules and instead to apply a revised procedure. The revised
procedure is similar, but not identical, to the procedure set forth in
proposed final rule 210.46(a), published in the Federal Register on
November 5, 1992 (57 FR 52830, 52883). The interim rules are waived for
this investigation to the extent that they conflict with the procedure
set forth below.
Commission rule 201.4(b) provides for waiver of rules when in the
judgment of the Commission there is good and sufficient reason
therefor. The Commission believes these criteria are met here. As noted
in the explanatory notes to the proposed final rules (57 FR at 52847),
the Commission has proposed an amended and streamlined procedure for
review of final IDs. In order to assess the effectiveness of the
amended procedure, the Commission has determined to apply a similar
procedure in several section 337 investigations, including this one.
Accordingly, consideration of the ALJ's final ID in this
investigation will be according to the following procedure:
1. Petitions for review must be filed no later than March 7, 1994.
2. Responses to the petitions for review must be filed no later
than March 16, 1994.
3. Reply submissions must be filed no later than March 21, 1994.
4. Approximately 45 days after issuance of the ID, the Commission
may 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 by the respondents.
The notice also may require the parties to file supplemental briefs on
violation issues selected by the Commission. The notice will set
deadlines for the submission of any such written submissions or briefs.
5. The Commission will issue an order and a Federal Register notice
on or before June 20, 1994 (the statutory deadline for completion of
the investigation) announcing the Commission's decisions on violation
of section 337, and, if necessary, on remedy, the public interest, and
bonding.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337, 19 U.S.C. 1335), and
Sec. 201.4(b) of the Commission's Rules of Practice and Procedure (19
CFR 201.4(b)). 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: February 3, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-2977 Filed 2-8-94; 8:45 am]
BILLING CODE 7020-02-P
