In the Matter of Certain Refrigerators and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting in Part and Denying in Part Complainant's Motion To Amend the Complaint and Notice of Investigation, 78393-78394 [E8-30341]

Download as PDF Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices Madison County Young House, 3463 N. Liberty St., Canton, 08001046, Listed, 11/10/08. Southampton County Beaton-Powell House, 32142 South Main St., Boykins, 08001058, Listed, 11/14/08. NEW HAMPSHIRE Stafford County Tennessee Camp, Address Restricted, Marine Corps Base, Quantico Vicinity, 08001059, Listed, 11/12/08. (Campaigns for the Control of Navigation on the Lower Potomac River, 1861–1862, Virginia, Maryland, and DC, MPS). Merrimack County Old North Cemetery, North State St., Concord, 08001031, Listed, 11/09/08. NEW YORK Greene County Tannersville Main Street Historic District, 5898–6144 Main St., 10 Spring St., Tannersville, 08001047, Listed, 11/14/08. New York County General Society of Mechanics and Tradesmen, 20 w. 44th St., New York, 08001048, Listed, 11/12/08. Linn County Albany Monteith Historic District (Boundary Increase), Elm St. SW to Calapooia and 19th Ave. SW to 11th and 12th aves. 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(Campaigns for the Control of Navigation on the Lower Potomac River, 1861–1862, Virginia, Maryland, and DC, MPS). mstockstill on PROD1PC66 with NOTICES [FR Doc. E8–30316 Filed 12–19–08; 8:45 am] BILLING CODE 4310–70–P [Investigation No. 337–TA–632] VIRGINIA Prince William County Rising Hill Camp, Address Restricted, Marine Corps Base, Quantico Vicinity, 08001057, Listed, 11/12/08. (Campaigns for the Control of Navigation on the Lower Potomac River, 1861–1862, Virginia, Maryland, and DC, MPS). Jkt 217001 Weston County Toomey’s Mills, 500 W. Main St., Newcastle, 08001062, Listed, 11/13/08. INTERNATIONAL TRADE COMMISSION Bledsoe County Bledsoe County Jail, 128 Frazier St., Pikeville, 08001049, Listed, 11/12/08. 19:07 Dec 19, 2008 Wood County Roddis, Hamilton and Catherine, House, 1108 E. 4th St., Marshfield, 08001060, Listed, 11/12/08. WYOMING OREGON VerDate Aug<31>2005 WISCONSIN In the Matter of Certain Refrigerators and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting in Part and Denying in Part Complainant’s Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 15) granting in part and denying in part complainant’s motion for leave to amend the complaint and notice of investigation in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. Copies of the ALJ’s IDs and all other non-confidential 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. General information concerning the Commission may also be obtained by accessing its PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 78393 Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On February 21, 2008, the Commission instituted this investigation, based on a complaint filed by Whirlpool Patents Company of St. Joseph, Michigan; Whirlpool Manufacturing Corporation of St. Joseph, Michigan; Whirlpool Corporation of Benton Harbor, Michigan, and Maytag Corporation of Benton Harbor, Michigan (collectively, ‘‘Whirlpool’’). The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain refrigerators and components thereof that infringe certain claims of U.S. Patent Nos. 6,082,130; 6,810,680 (‘‘the ’680 patent’’); 6,915,644 (‘‘the ’644 patent’’); 6,971,730; and 7,240,980. Whirlpool named LG Electronics, Inc.; LG Electronics, USA, Inc.; and LG Electronics Monterrey Mexico, S.A., De, CV (collectively, ‘‘LG’’) as respondents. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337 and requested that the Commission issue an exclusion order and cease and desist orders. On September 11, 2008, Whirlpool and LG filed a joint motion seeking termination of this investigation with respect to the ’680 patent and the ’644 patent on the basis of a settlement agreement. On September 25, 2008, the ALJ issued an ID, Order No. 10, terminating the investigation, in part, as to the ’680 and ’644 patents. The ALJ found no indication that termination of the investigations on the basis of the settlement agreement would adversely affect the public interest, and that the procedural requirements for terminating the investigation, in part, had been met. No petitions for review were filed. On October 27, 2008, the Commission determined not to review Order No. 10. On October 17, 2008, Whirlpool filed a motion for summary determination that it had satisfied the importation requirement. On October 29, 2008, the Commission investigative attorney supported Whirlpool’s motion, and LG indicated that it would not oppose the motion. On November 20, 2008, the ALJ issued the subject ID, Order No. 14, E:\FR\FM\22DEN1.SGM 22DEN1 78394 Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices granting complainant’s motion for summary determination of importation. No petitions for review were filed. On December 15, the Commission issued notice that it had determined not to review Order No. 14. On July 24, 2008, Whirlpool filed a motion seeking leave to amend the complaint and notice of investigation to (1) remove references to patents that had been withdrawn from this investigation; (2) add a reference to a non-exclusive license that relates to two patents at issue; and (3) update the current state of the domestic industry. LG indicated that it opposed Whirlpool’s motion to amend on August 4, 2008. The Commission Investigative attorney did not oppose Whirlpool’s proposed amendments. On August 11, Whirlpool filed a motion seeking leave to file a reply in support of its motion to amend, which was opposed by LG on August 15, 2008. On November 25, 2008, the ALJ issued Order No. 15, in which he granted Whirlpool’s motion as to (1) and (3) above and denied it with respect to (2). No petitions for review were filed. The Commission has determined not to review the subject ID. 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 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). Issued: December 15, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–30341 Filed 12–19–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE mstockstill on PROD1PC66 with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Notice is hereby given that on December 15, 2008, a proposed Consent Decree in United States v. Ascension Holding Company, LLC, et al. Civil Action No. 3:08–cv–00815–JVP–SCR, was lodged with the United States District Court for the Middle District of Louisiana. In this action, the United States sought injunctive relief and response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, Sections 106 and 107(a), 42 U.S.C. 9606 and 9607, in connection with the release or threatened release of hazardous VerDate Aug<31>2005 19:07 Dec 19, 2008 Jkt 217001 substances from the Dutchtown Oil Treatment Facility Superfund Site located in Dutchtown, Ascension Parish, Louisiana. The proposed Consent Decree would require settling defendants to reimburse the United States for $935,000 in past and future clean up costs at this Site, and would otherwise resolve their liability for allegations set forth in the underlying Complaint. For a period of thirty (30) days from the date of this publication, the Department of Justice will receive comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov, or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. Comments should refer to United States v. Ascension Holding, LLC, D.J. Ref. # 90–11–2–428/1. The proposed Consent Decree may be examined on the following Department of Justice Web site, https://www.usdoj. gov/enrd/Consent_Decrees.html. A copy of the proposed Consent Decree also may be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation no. (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $3.75 (25 cents per page reproduction cost) for a copy exclusive of signature pages and appendices, or $4.50 (25 cents per page reproduction cost) for a copy including signature pages and appendices payable to the ‘‘U.S. Treasury’’ or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section. [FR Doc. E8–30306 Filed 12–19–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of a Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on December 10, 2008, a proposed Consent Decree in the case of United States v. Simon Wrecking Co., Inc., et al., Docket No. 06–928, was lodged with the United PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 States District Court for the Eastern District of Pennsylvania. In this proceeding, the United States filed a claim pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607, for reimbursement of costs incurred in connection with response actions taken at the Malvern TCE Superfund Site in Chester County, Pennsylvania. Pursuant to the Consent Decree, the Defendant agrees to pay $550,000 in reimbursement of costs previously incurred by the United States. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov, or mailed to: P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to: U.S. v. Simon Wrecking Co., Inc., DJ. Ref. 90– 11–3–1731/8. The Consent Decree may be examined at U.S. EPA Region III, Office of Regional Counsel, 1650 Arch Street, Philadelphia, PA 19103–2029, c/o Joan A. Johnson, Esq. During the public comment period, the Consent Decree may also be examined at the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Settlement Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $6.50 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–30304 Filed 12–19–08; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78393-78394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30341]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-632]


 In the Matter of Certain Refrigerators and Components Thereof; 
Notice of Commission Decision Not To Review an Initial Determination 
Granting in Part and Denying in Part Complainant's Motion To Amend the 
Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 15) 
granting in part and denying in part complainant's motion for leave to 
amend the complaint and notice of investigation in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of the 
ALJ's IDs and all other non-confidential 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. General information 
concerning the Commission may also be obtained by accessing its 
Internet server at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On February 21, 2008, the Commission 
instituted this investigation, based on a complaint filed by Whirlpool 
Patents Company of St. Joseph, Michigan; Whirlpool Manufacturing 
Corporation of St. Joseph, Michigan; Whirlpool Corporation of Benton 
Harbor, Michigan, and Maytag Corporation of Benton Harbor, Michigan 
(collectively, ``Whirlpool''). The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain refrigerators and components thereof that 
infringe certain claims of U.S. Patent Nos. 6,082,130; 6,810,680 (``the 
'680 patent''); 6,915,644 (``the '644 patent''); 6,971,730; and 
7,240,980. Whirlpool named LG Electronics, Inc.; LG Electronics, USA, 
Inc.; and LG Electronics Monterrey Mexico, S.A., De, CV (collectively, 
``LG'') as respondents. The complaint, as supplemented, further alleges 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337 and requested that the Commission issue an 
exclusion order and cease and desist orders.
    On September 11, 2008, Whirlpool and LG filed a joint motion 
seeking termination of this investigation with respect to the '680 
patent and the '644 patent on the basis of a settlement agreement. On 
September 25, 2008, the ALJ issued an ID, Order No. 10, terminating the 
investigation, in part, as to the '680 and '644 patents. The ALJ found 
no indication that termination of the investigations on the basis of 
the settlement agreement would adversely affect the public interest, 
and that the procedural requirements for terminating the investigation, 
in part, had been met. No petitions for review were filed. On October 
27, 2008, the Commission determined not to review Order No. 10.
    On October 17, 2008, Whirlpool filed a motion for summary 
determination that it had satisfied the importation requirement. On 
October 29, 2008, the Commission investigative attorney supported 
Whirlpool's motion, and LG indicated that it would not oppose the 
motion. On November 20, 2008, the ALJ issued the subject ID, Order No. 
14,

[[Page 78394]]

granting complainant's motion for summary determination of importation. 
No petitions for review were filed. On December 15, the Commission 
issued notice that it had determined not to review Order No. 14.
    On July 24, 2008, Whirlpool filed a motion seeking leave to amend 
the complaint and notice of investigation to (1) remove references to 
patents that had been withdrawn from this investigation; (2) add a 
reference to a non-exclusive license that relates to two patents at 
issue; and (3) update the current state of the domestic industry. LG 
indicated that it opposed Whirlpool's motion to amend on August 4, 
2008. The Commission Investigative attorney did not oppose Whirlpool's 
proposed amendments. On August 11, Whirlpool filed a motion seeking 
leave to file a reply in support of its motion to amend, which was 
opposed by LG on August 15, 2008. On November 25, 2008, the ALJ issued 
Order No. 15, in which he granted Whirlpool's motion as to (1) and (3) 
above and denied it with respect to (2). No petitions for review were 
filed.
    The Commission has determined not to review the subject ID. 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 210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).

    Issued: December 15, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-30341 Filed 12-19-08; 8:45 am]
BILLING CODE 7020-02-P

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