[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48099-48100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22582]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-460-461 (Final)]


In the Matter of Ni-Resist Piston Inserts From Argentina and 
Korea; Notice of Commission Determination Not To Conduct a Portion of 
the Hearing in camera

AGENCY: U.S. International Trade Commission.

[[Page 48100]]


ACTION: Commission determination not to close any part of the hearing 
to the public.

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SUMMARY: The Commission has determined to deny the request of Karl 
Schmidt Unisia, Inc. (``Karl Schmidt'') to conduct a portion of its 
hearing in the above-captioned investigations scheduled for September 
17, 2009 in camera. See Commission rules 207.24(d), 201.13(m) and 
201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)).

FOR FURTHER INFORMATION CONTACT: Marc A. Bernstein, Office of General 
Counsel, U.S. International Trade Commission, telephone 202-205-3087. 
Hearing-impaired individuals are advised that information on this 
matter may be obtained by contacting the Commission's TDD terminal on 
202-205-1810.

SUPPLEMENTARY INFORMATION: Karl Schmidt's request to conduct a portion 
of the hearing in camera did not satisfy the requirements of Commission 
rule 207.24(d) because Karl Schmidt did not identify specific issues it 
intended to discuss in a closed hearing, nor did it indicate why it 
could not present its arguments and testimony in a public session. Karl 
Schmidt's request also incorrectly assumed that it could present in 
camera testimony from corporate witnesses who had not entered the 
administrative protective order (APO) and that it could make its entire 
presentation in camera. Moreover, the Commission took into account that 
Karl Schmidt asked that the hearing be held in camera, ``with only 
counsel granted APO permission present throughout.'' This would exclude 
Petitioner's counsel, who is not subject to the APO, from hearing 
Respondent's arguments. Consequently, in light of the circumstances of 
these investigations, the Commission has concluded that it will be able 
to assess adequately all arguments raised by Karl Schmidt without 
resorting to the extraordinary measure of an in camera hearing. 
Accordingly, the Commission has determined that the public interest 
would be best served by a hearing that is entirely open to the public. 
See 19 CFR 201.36(c)(1).

    Authority:  This notice is provided pursuant to Commission Rule 
201.35(b) (19 CFR 201.35(b)).

    Issued: September 16, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-22582 Filed 9-18-09; 8:45 am]
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