Certain Sortation Systems, Parts Thereof, and Products Containing Same; Notice of Commission Determination To Rescind a Limited Exclusion Order, 11692-11693 [05-4570]
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11692
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
The RAC
will be discussing their role in the
process of reviewing future Resource
Management Plans (RMP); improving
RMP communications; listening to
various presentations from the Natural
Resources Committee, Utah’s Lands
Policy Group, and an overview of
Richfield Field Office’s RMP.
All meetings are open to the public;
however, transportation, lodging, and
meals are the responsibility of the
participating public.
SUPPLEMENTARY INFORMATION:
Dated: March 2, 2005.
Sally Wisely,
State Director.
[FR Doc. 05–4639 Filed 3–8–05; 8:45 am]
Commission’s schedule in this review is
otherwise unchanged. No party has
objected to the Commission’s schedule,
as revised.
For further information concerning
this review, see the Commission’s
notices cited above and the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Authority: This review is being conducted
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.21 of the Commission’s rules.
By order of the Commission.
Issued: March 3, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–4571 Filed 3–8–05; 8:45 am]
BILLING CODE 4310–$$–P
INTERNATIONAL TRADE
COMMISSION
BILLING CODE 7020–02–P
[Investigation No. 731–TA–101 (Second
Review)]
INTERNATIONAL TRADE
COMMISSION
Greige Polyester/Cotton Printcloth
From China
[Inv. No. 337–TA–460]
International Trade
Commission.
ACTION: Revised schedule for the subject
review.
Certain Sortation Systems, Parts
Thereof, and Products Containing
Same; Notice of Commission
Determination To Rescind a Limited
Exclusion Order
AGENCY:
EFFECTIVE DATE:
March 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Burns (202) 205–2501, Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on
(202) 205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at (202) 205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: On August
25, 2004, the Commission established a
schedule for the conduct of the subject
review (69 FR 53465, September 1,
2004), and revised its schedule on
January 28, 2005 (70 FR 6036, February
4, 2005). The Commission is again
revising its schedule; the Commission’s
hearing will be held at the U.S.
International Trade Commission
Building at 9:30 a.m. on April 5, 2005,
and the deadline for filing posthearing
briefs is April 12, 2005. The
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20:21 Mar 08, 2005
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International Trade
Commission.
ACTION: Notice.
AGENCY:
Gail
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to rescind
the limited exclusion order in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT:
Rodney Maze, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3065. Copies of 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 (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.
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Frm 00088
Fmt 4703
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This
patent-based section 337 investigation
was instituted by the Commission based
on a complaint filed by Rapistan
Systems Advertising Corp. and Siemens
Dematic Corp., both of Grand Rapids,
Michigan. 66 FR 38741 (July 25, 2001).
The complaint named Vanderlande
Industries Nederland BV of the
Netherlands, and Vanderlande
Industries of Atlanta, Georgia
(collectively ‘‘Vanderlande’’) as
respondents.
Complainants alleged that
Vanderlande had violated section 337
by importing into the United States,
selling for importation, and selling
within the United States after
importation certain sortation systems, or
components thereof, covered by
independent claims 1, 13, 23, 30, and 42
and dependent claims 2–4, 8, 9, 17, 18,
20, 22, 24, 27, 29, 33, 35–37, 39, 43, 45–
47, and 49 of U.S. Patent No. 5,127, 510
(‘‘the ’510 patent’’), owned by Rapistan
Systems and exclusively licensed to
Siemens Dematic. On April 5, 2002,
complainants filed an unopposed
motion asking for the termination of the
investigation with respect to claims 2, 3,
8, 9, 18, 24, 36, 37, 29, 46, 47, and 49.
On May 16, 2002, the presiding
administrative law judge (ALJ) granted
the motion in an ID (Order No. 32) and
the Commission determined not to
review the ID. The claims of the ’510
patent at issue were therefore claims 1,
4, 13, 17, 20, 22, 23, 27, 29, 30, 33, 35,
42, 43, and 45. The complaint further
alleged that an industry in the United
States exists, as required by subsection
(a)(2) of section 337.
On October 22, 2002, the ALJ issued
his final initial determination (ID) on
violation and his recommended
determination on remedy. The ALJ
found a violation of section 337 by
reason of infringement of claims 1 and
4 of the ’510 patent. He also found that
the ’510 patent is not invalid or
unenforceable. With respect to remedy,
the ALJ recommended issuance of a
limited exclusion order barring
importation of the respondents’ accused
Mark 2 Posisorter sortation system and
its parts and components. On November
4, 2002, Vanderlande and the
Commission investigative attorney (IA)
petitioned for review of portions of the
ALJ’s final ID. Rapistan submitted a
contingent petition for review asking
that the Commission review certain
issues if it decided to review the ID. All
parties filed responses to the petitions
on November 12, 2002.
On December 10, 2002, the
Commission determined to review the
ID and requested submissions regarding
the issues under review as well as
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
remedy, the public interest and
bonding. On January 27, 2003, the
Commission issued a notice indicating
that it had determined that there is a
violation of section 337 of the Tariff Act
of 1930, as amended, and had issued a
limited exclusion order prohibiting the
importation of the infringing sortation
systems, parts and components thereof,
manufactured abroad by Vanderlande.
The Federal Circuit affirmed the
Commission’s determination on May 3,
2004. See Vanderlande Indus. v. Int’l
Trade Comm’n, 366 F.3d 1311 (Fed. Cir.
2004).
On February 2, 2005, Vanderlande
and complainants filed a joint petition
to rescind the remedial order under
Commission Rule 210.76(a)(1) on the
basis of a settlement agreement between
the parties. The parties asserted that
their settlement agreement constituted
‘‘changed conditions of fact or law’’
sufficient to justify rescission of the
order under Commission Rule
210.76(a)(1), 19 CFR 210.76(a)(1). The
IA filed a response in support of the
motion on February 14, 2005.
Having reviewed the parties’
submissions, the Commission has
determined that the settlement
agreement satisfies the requirement of
Commission Rule 210.76(a)(1), 19 CFR
210.76(a)(1), that there be changed
conditions of fact or law. The
Commission therefore has issued an
order rescinding the limited exclusion
order previously issued in this
investigation.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930 (19 U.S.C. 1337) and
§ 210.76(a)(1) of the Commission’s Rules
of Practice and Procedure (19 CFR
210.76(a)(1)).
Issued: March 3, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–4570 Filed 3–8–05; 8:45 am]
2. Cancellations. ATF O 1100.9A,
Delegation Order—Designation of
Acting Supervisory Officials dated
October 7, 1980 and ATF F 1100.1,
Temporary Assignment Designation.
3. Authorities. Pursuant to authorities
vested in the Director, ATF, by Title 6
U.S.C. 531 and 28 CFR O.130–0.133.
4. Designations.
a. An official e-mail notification is
required for supervisors to designate a
subordinate employee to act in the event
of their absence or in a subordinate
supervisory position in which such
position becomes vacant. At a
minimum, the official e-mail
notification must be sent to individuals
who report directly to the supervisor;
the individual to whom the supervisor
reports; and any other individual(s) who
need to be advised. An official e-mail
notification is not required if there
exists a document or order that
designates a temporary acting official.
b. In the event of an emergency, ATF
O 1100.59G, Delegation Order—
Emergency Order of Succession and
Delegation of Authority, designates the
order of succession for Acting Director
to ensure the continuity of Bureau
functions. Under these circumstances
no e-mail notification is required.
5. Retention Requirements. Acting
designations must be retained in
accordance with ATF O 1345.1, Records
Management Program and Records
Control Schedule 101, item 2
(Headquarters) and ATF Records
Control Schedule 201, item 1 (Field).
6. Redelegation. The authority to
designate acting supervisory officials is
delegated to all Bureau personnel in
supervisory positions and may not be
redelegated.
7. Questions. Questions regarding this
delegation order may be addressed to
the Chief, Document Services Branch at
(202) 927–8930.
Dated: February 18, 2005.
Carl J. Truscott,
Director.
[FR Doc. 05–4606 Filed 3–8–05; 8:45 am]
BILLING CODE 7020–02–P
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[Docket No. ATF 17N; ATF O 1150.13]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Delegation Order—Designation of
Acting Supervisory Officials
RAM, INC. d/b/a American Wholesale
Distribution Corp.; Denial of
Registration
1. Purpose. The purpose of this
delegation order is to grant supervisors
authority to designate acting
supervisory officials of the Bureau of
Alcohol, Tobacco, Firearms and
Explosives (ATF).
On July 23, 2004, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to RAM Inc., d/b/a
American Wholesale Distribution
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18:06 Mar 08, 2005
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11693
Corporation (RAM), proposing to deny
its June 5, 2003, application for DEA
Certificate of Registration as a
distributor of List I chemicals. The
Order to Show Cause alleged that
granting RAM’s application would be
inconsistent with the public interest, as
that term is used in 21 U.S.C. 823(h).
The order also notified RAM that should
no request for a hearing be filed within
30 days, its hearing right would be
deemed waived.
According to the DEA investigative
file, the Order to Show Cause was sent
by certified mail to RAM at its proposed
registered location at 3300 Pleasant
Valley Lane, Suite C, Arlington, Texas
76015. It was received on August 2,
2004, and DEA has not received a
request for a hearing or any other reply
from RAM or anyone purporting to
represent the company in this matter.
Therefore, the Deputy Administrator
of DEA, finding that (1) thirty days have
passed since delivery of the Order to
Show Cause, and (2) no request for a
hearing having been received, concludes
that RAM has waived its hearing right.
See Aqui Enterprises, 67 FR 12576
(2002). After considering relevant
material from the investigative file, the
Deputy Administrator now enters her
final order without a hearing pursuant
to 21 CFR 1309.53(c) and (d) and
1316.67. The Deputy Administrator
finds as follows.
List I chemicals are those that may be
used in the manufacture of a controlled
substance in violation of the Controlled
Substances Act. 21 U.S.C. 802(34); 21
CFR 1300.02(a). Pseudoephedrine and
ephedrine are List I chemicals
commonly used to illegally manufacture
methamphetamine, a Schedule II
controlled substance. As noted in
previous DEA orders,
methamphetamine is an extremely
potent central nervous system
stimulant, and its abuse is a persistent
and growing problem in the United
States. See e.g., Direct Wholesale, 69 FR
11654 (2004); Branex, Inc., 69 FR 8682
(2004); Yemen Wholesale Tobacco and
Candy Supply, Inc., 67 FR 9997 (2002);
Denver Wholesale, 67 FR 99986 (2002).
The Deputy Administrator’s review of
the investigative file reveals that RAM’s
owner and only officer is Mr. Mohamad
Khorchid. On or about June 5, 2003, an
application was submitted by Mr.
Khorchid on behalf of RAM, seeking
registration to distribute ephedrine and
pseudoephedrine List I chemical
products. It identified the applicant as
‘‘RAM INC American Wholesale Dist.
Co.’’
Prior to RAM’s February 7, 2003,
incorporation, Mr. Khorchid and his
wife owned and operated American
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11692-11693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4570]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-460]
Certain Sortation Systems, Parts Thereof, and Products Containing
Same; Notice of Commission Determination To Rescind a Limited Exclusion
Order
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to rescind the limited exclusion order in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Rodney Maze, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3065. Copies of 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
(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: This patent-based section 337 investigation
was instituted by the Commission based on a complaint filed by Rapistan
Systems Advertising Corp. and Siemens Dematic Corp., both of Grand
Rapids, Michigan. 66 FR 38741 (July 25, 2001). The complaint named
Vanderlande Industries Nederland BV of the Netherlands, and Vanderlande
Industries of Atlanta, Georgia (collectively ``Vanderlande'') as
respondents.
Complainants alleged that Vanderlande had violated section 337 by
importing into the United States, selling for importation, and selling
within the United States after importation certain sortation systems,
or components thereof, covered by independent claims 1, 13, 23, 30, and
42 and dependent claims 2-4, 8, 9, 17, 18, 20, 22, 24, 27, 29, 33, 35-
37, 39, 43, 45-47, and 49 of U.S. Patent No. 5,127, 510 (``the '510
patent''), owned by Rapistan Systems and exclusively licensed to
Siemens Dematic. On April 5, 2002, complainants filed an unopposed
motion asking for the termination of the investigation with respect to
claims 2, 3, 8, 9, 18, 24, 36, 37, 29, 46, 47, and 49. On May 16, 2002,
the presiding administrative law judge (ALJ) granted the motion in an
ID (Order No. 32) and the Commission determined not to review the ID.
The claims of the '510 patent at issue were therefore claims 1, 4, 13,
17, 20, 22, 23, 27, 29, 30, 33, 35, 42, 43, and 45. The complaint
further alleged that an industry in the United States exists, as
required by subsection (a)(2) of section 337.
On October 22, 2002, the ALJ issued his final initial determination
(ID) on violation and his recommended determination on remedy. The ALJ
found a violation of section 337 by reason of infringement of claims 1
and 4 of the '510 patent. He also found that the '510 patent is not
invalid or unenforceable. With respect to remedy, the ALJ recommended
issuance of a limited exclusion order barring importation of the
respondents' accused Mark 2 Posisorter sortation system and its parts
and components. On November 4, 2002, Vanderlande and the Commission
investigative attorney (IA) petitioned for review of portions of the
ALJ's final ID. Rapistan submitted a contingent petition for review
asking that the Commission review certain issues if it decided to
review the ID. All parties filed responses to the petitions on November
12, 2002.
On December 10, 2002, the Commission determined to review the ID
and requested submissions regarding the issues under review as well as
[[Page 11693]]
remedy, the public interest and bonding. On January 27, 2003, the
Commission issued a notice indicating that it had determined that there
is a violation of section 337 of the Tariff Act of 1930, as amended,
and had issued a limited exclusion order prohibiting the importation of
the infringing sortation systems, parts and components thereof,
manufactured abroad by Vanderlande. The Federal Circuit affirmed the
Commission's determination on May 3, 2004. See Vanderlande Indus. v.
Int'l Trade Comm'n, 366 F.3d 1311 (Fed. Cir. 2004).
On February 2, 2005, Vanderlande and complainants filed a joint
petition to rescind the remedial order under Commission Rule
210.76(a)(1) on the basis of a settlement agreement between the
parties. The parties asserted that their settlement agreement
constituted ``changed conditions of fact or law'' sufficient to justify
rescission of the order under Commission Rule 210.76(a)(1), 19 CFR
210.76(a)(1). The IA filed a response in support of the motion on
February 14, 2005.
Having reviewed the parties' submissions, the Commission has
determined that the settlement agreement satisfies the requirement of
Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), that there be
changed conditions of fact or law. The Commission therefore has issued
an order rescinding the limited exclusion order previously issued in
this investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) and Sec. 210.76(a)(1) of the
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).
Issued: March 3, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-4570 Filed 3-8-05; 8:45 am]
BILLING CODE 7020-02-P