Notice of Lodging Proposed Consent Decree, 33760 [05-11423]

Download as PDF 33760 Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Notices Inc., d/b/a Lincolnwood Merchandising, of Niles, IL; Hebron Imports of Chicago, IL; Ross Sales of Commack, NY; Value Drugs Rock, Inc. of New York, NY; Song’s Wholesale of Washington, DC; and Wang Da, Inc. Retail and Wholesales (Wang Da) of New York, NY. The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The ALJ issued an ID on November 2, 2004, finding that respondents Ningbo, Vollmacht, and Wang Da did not respond to the complaint, notice of investigation, or an order to show cause. Consequently, the ALJ found the three respondents in default, and pursuant to Commission Rule 210.16(b)(3), to have waived their right to appear, be served with documents, or contest the allegations in the complaint. No petitions for review of the ID were filed. The Commission did not review the ID, and it thereby became the determination of the Commission. On March 23, 2005, the complainants filed six motions for termination of the investigation with respect to the six remaining respondents. The Commission Investigative Attorney (‘‘IA’’) filed a response in support of the motions on March 25, 2005. On April 1, 2005, the ALJ granted the motions for termination. No party petitioned for review of this ID. On April 19, 2005, the Commission published a notice indicating that it would not review the ID, thereby allowing the ALJ’s ID to become the Commission’s final determination. The Commission requested that the parties brief the issues of remedy, the public interest, and bonding with respect to the three defaulting respondents. On April 29, 2005, complainants and the IA submitted their main briefs, and on May 5, 2005, complainants filed a reply brief. Complainants and the IA both maintained that the appropriate remedy is a limited exclusion order and a cease and desist order. The Commission found that each of the statutory requirements of section 337(g)(1)(A)–(E), 19 U.S.C. 1337(g)(1)(A)–(E), has been met with respect to the defaulting respondents. Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c) 19 CFR 210.16(c), the Commission presumed the facts alleged in the amended complaint to be true. The Commission determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of certain ear protection devices that are covered by one or more of claims 1, 3, VerDate jul<14>2003 12:52 Jun 08, 2005 Jkt 205001 13, 17–19, and 21–22 of U.S. Patent No. 5,835,609. The order covers certain ear protection devices that are manufactured abroad by or on behalf of, or imported by or on behalf of the three defaulting respondents or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission also determined to issue a cease and desist order prohibiting domestic respondent Wang Da from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for ear protection devices covered by the above-mentioned claims of the ‘609 patent. The Commission further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order and cease and desist order. Finally, the Commission determined that the bond under the limited exclusion order during the Presidential review period shall be in the amount of 100 percent of the entered value of the imported articles. The Commission’s orders were delivered to the President on the day of their issuance. 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 210.16(c) of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c)). By order of the Commission. Issued: June 3, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–11417 Filed 6–8–05; 8:45 am] Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Newdunn Associates, LLP., Orion Associates, and Northwest Contractors, E.D. Va., Civil Action No. 2:01cv508, was lodged with the United States District Court for the Eastern District of Virginia on May 20, 2005. This proposed Consent Decree concerns a complaint filed by the United States against Newdunn Associates, LLP., Orion Associates, and Northwest Contractors, pursuant to section 301(a) of the Clean Water Act, Fmt 4703 BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives Agency Information Collection Activities: Proposed Collection; Comments Requested 30-day notice of information collection under review: firearms transaction record, part 1, over-thecounter. DEPARTMENT OF JUSTICE Frm 00031 Russell M. Young, Assistant Chief, Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice. [FR Doc. 05–11423 Filed 6–8–05; 8:45 am] ACTION: BILLING CODE 7020–02–P PO 00000 33 U.S.C. 1311(a), to obtain injunctive relief from, and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendants to restore the impacted areas, perform mitigation, and pay a civil penalty. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this notice. Please address comments to Kent E. Hanson, United States Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, P.O. Box 23986, Washington, DC 2002–3986, and refer to Newdunn Associates. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the Eastern District of Virginia, 600 Granby Street, Norfolk, Virginia 23510. In addition, the proposed Consent Decree may be viewed at https://www.usdoj.gov/enrd/ open.html. Sfmt 4703 The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register volume 70, number 61, page 16525 on March 31, 2005, allowing for a 60 day comment period. The purpose of this notice is to allow for an additional 30 days for public E:\FR\FM\09JNN1.SGM 09JNN1

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[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Notices]
[Page 33760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11423]


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DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Newdunn 
Associates, LLP., Orion Associates, and Northwest Contractors, E.D. 
Va., Civil Action No. 2:01cv508, was lodged with the United States 
District Court for the Eastern District of Virginia on May 20, 2005.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Newdunn Associates, LLP., Orion Associates, and 
Northwest Contractors, pursuant to section 301(a) of the Clean Water 
Act, 33 U.S.C. 1311(a), to obtain injunctive relief from, and impose 
civil penalties against the Defendants for violating the Clean Water 
Act by discharging pollutants without a permit into waters of the 
United States. The proposed Consent Decree resolves these allegations 
by requiring the Defendants to restore the impacted areas, perform 
mitigation, and pay a civil penalty.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Please address comments to Kent E. Hanson, 
United States Department of Justice, Environment and Natural Resources 
Division, Environmental Defense Section, P.O. Box 23986, Washington, DC 
2002-3986, and refer to Newdunn Associates.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the Eastern District of Virginia, 600 
Granby Street, Norfolk, Virginia 23510. In addition, the proposed 
Consent Decree may be viewed at https://www.usdoj.gov/enrd/open.html.

Russell M. Young,
Assistant Chief, Environmental Defense Section, Environment and Natural 
Resources Division, United States Department of Justice.
[FR Doc. 05-11423 Filed 6-8-05; 8:45 am]
BILLING CODE 4410-15-M

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