Import Investigations, U.S. International responses will be considered by the Agriculture, (2) mining and
Trade Commission, telephone (202) Commission if received not later than 20 manufacturing, and (3) services sectors,
205–2571. days after the date of service by the as well as profiles of SSA industries
Authority: The authority for institution of Commission of the complaint and the within those sectors that produce
this investigation is contained in section 337 notice of investigation. Extensions of products (as identified by the USTR)
of the Tariff Act of 1930, as amended, and time for submitting responses to the that have shown significant export shifts
in § 210.10 of the Commission’s Rules of complaint and the notice of in recent years. The reports will be
Practice and Procedure, 19 CFR 210.10 investigation will not be granted unless based on the most recent 5-year period
(2006). good cause therefor is shown. for which data are available.
Failure of a respondent to file a timely Each industry profile will provide the
Scope of Investigation: Having response to each allegation in the following information, to the extent data
considered the complaint, the U.S. complaint and in this notice may be are available:
International Trade Commission, on deemed to constitute a waiver of the • A description of the leading
August 22, 2006, ordered that— right to appear and contest the industries within SSA that export the
(1) Pursuant to subsection (b) of allegations of the complaint and this subject products, including their
section 337 of the Tariff Act of 1930, as notice, and to authorize the position relative to global competitors;
amended, an investigation be instituted administrative law judge and the • Identification of the leading SSA
to determine whether there is a Commission, without further notice to exporting countries and their key
violation of subsection (a)(1)(B) of the respondent, to find the facts to be as markets; and
section 337 in the importation into the alleged in the complaint and this notice • Analysis of the competitive factors,
United States, the sale for importation, and to enter an initial determination by country, that have contributed to the
or the sale within the United States after and a final determination containing shift in exports. (Such factors may
importation of certain nickel metal such findings, and may result in the include access to inputs, labor,
hydride consumer batteries, issuance of a limited exclusion order or technology, investment, trade policies-
components thereof, and consumer cease and desist order or both directed e.g., tariffs and trade preference
electronic products containing same by against the respondent. programs such as the African Growth
reason of infringement of one or more of
By order of the Commission. and Opportunity Act (AGOA),
claims 11–13, 18, and 19 of U.S. Patent
Issued: August 24, 2006. privatization, and liberalization.)
No. 5,536,591, and whether an industry
As specified in the USTR’s letter, the
in the United States exists as required Marilyn R. Abbott,
first annual report will cover industries
by subsection (a)(2) of section 337; Secretary to the Commission.
producing the following products: (1)
(2) For the purpose of the [FR Doc. E6–14306 Filed 8–28–06; 8:45 am] Agriculture—cut flowers, cocoa butter
investigation so instituted, the following BILLING CODE 7020–02–P and paste, nuts (coconuts, Brazil nuts,
are hereby named as parties upon which
and cashews), and prepared and
this notice of investigation shall be
preserved fish; (2) mining and
served: INTERNATIONAL TRADE
(a) The complainant is— manufacturing—acyclic alcohol,
COMMISSION unwrought aluminum, textiles and
Ovonic Battery Company, Inc., 2968 apparel, petroleum gas (liquified natural
[Investigation No. 332–477]
Waterview Drive, Rochester Hills, MI gas), flat-rolled steel, and wood veneer
48309. Sub-Saharan Africa: Factors Affecting sheets; and (3) services—financial
(b) The respondents are the following Trade Patterns of Selected Industries services and tourism.
entities alleged to be in violation of The Commission expects to deliver
section 337, and are the parties upon AGENCY: United States International
Trade Commission. the first annual report to the USTR by
which the complaint is to be served: April 3, 2007. The second and third
Varta Aktiengesellschaft, Am Leineufer ACTION: Institution of investigation and
reports will be delivered 12 and 24
51, 30419 Hanover, Germany. scheduling of hearing.
months, respectively, after delivery of
Varta Microbattery GmbH, Daimlerstr. 1, SUMMARY: Following receipt on July 27, the first annual report.
Ellwangen Germany 73479. 2006 of a request from the United States The Commission anticipates that
Varta Microbattery, Inc., 1311 Trade Representative (USTR) under industry coverage for the subsequent
Mamaroneck Avenue, Suite 120, section 332(g) of the Tariff Act of 1930 reports will be determined in
White Plains, New York 10605. (19 U.S.C. 1332(g)), the U.S. consultation with the USTR no later
(c) The Commission investigative International Trade Commission (‘‘the than 2 months after delivery of the
attorney, party to this investigation, is Commission’’) instituted investigation previous year’s report.
Thomas S. Fusco, Esq., Office of Unfair No. 332–477, Sub-Saharan Africa: FOR FURTHER INFORMATION CONTACT:
Import Investigations, U.S. International Factors Affecting Trade Patterns of Project Leader: Brad C. Gehrke (202–
Trade Commission, 500 E Street, SW., Selected Industries. 3329 or brad.gehrke@usitc.gov). Deputy
Suite 401, Washington, DC 20436; and EFFECTIVE DATE: August 18, 2006. Project Leader: Joanne E. Guth (202–
(3) For the investigation so instituted, Background: As requested by the 205–3264 or joanne.guth@usitc.gov).
the Honorable Sidney Harris is USTR, the Commission will conduct an Industry-specific information may be
designated as the presiding investigation under section 332(g) and obtained from the above persons. For
administrative law judge. prepare three annual reports providing more information on legal aspects of the
Responses to the complaint and the certain information on the competitive investigation, contact William Gearhart
notice of investigation must be factors affecting industries within Sub- of the Commission’s Office of the
jlentini on PROD1PC65 with NOTICES
submitted by the named respondents in Saharan Africa (SSA) that have General Counsel at 202–205–3091 or
accordance with section 210.13 of the experienced significant shifts in exports. william.gearhart@usitc.gov. The media
Commission’s Rules of Practice and In each of the reports, the should contact Margaret O’Laughlin,
Procedure, 19 CFR 210.13. Pursuant to Commission will provide an overview Office of External Relations at 202–205–
19 CFR 201.16(d) and 210.13(a), such of the trends in SSA exports in the (1) 1819 or margaret.olaughlin@usitc.gov.
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