In the Matter of Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof; Notice of Institution of Formal Consolidated Enforcement and Advisory Opinion Proceedings, 33922-33923 [05-11482]

Download as PDF 33922 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Notices West Virginia MPS) Chauncey St. at Wilson Ave., Brooklyn, 05000681 Madison County Chenango Canal Summit Level, (Historic and Engineering Resources of the Chenango Canal MPS) Along Canal Rd., Bouckville, 05000684 Nassau County Oyster Bay Long Island Rail Road Station, Railroad Ave., Oyster Bay, 05000666 Oyster Bay Long Island Rail Road Turntable, Railroad Ave., Oyster Bay, 05000667 New York County 14th Street-Union Square Subway Station (IRT; Dual System BMT), (New York City Subway System MPS) Broadway, Fourth Ave., and E. 14th St., New York, 05000671 Beaver Building, 82–92 Beaver St., New York, 05000668 Brooklyn Bridge-City Hall Subway Station (IRT), (New York City Subway System MPS) Under Centre St. bet. Chambers and Frankfort Sts., New York, 05000674 Chambers Street Subway Station (Dual System BMT), (New York City Subway System MPS) Beneath the Municipal Building at Chambers, Centre and Duane Sts. and Lafayette Plaza, New York, 05000669 Queens County Elmhurst Avenue Subway Station (IND), (New York City Subway System MPS) Beneath Broadway at 82nd St. and 45th Ave. and Elmhurst Ave., Queens, 05000672 Schoharie County Forks in the Road Schoolhouse, 115 Lumber Rd., South Gilboa, 05000665 Harrison County Edgewood Manor, 0.25 mi. N of U.S. 50 interchange on U.S. 19, Clarksburg, 05000662 Lost Creek Baltimore and Ohio Railroad Depot, Main St., Lost Creek Rd. and Cty Rte 48, Lost Creek, 05000660 Ohio County Woodridge, 1308 Steenrod Ave., Wheeling, 05000658 Summers County Hinton Historic District (Boundary Increase), Hill St., Hinton, 05000661 A request for REMOVAL has been made for the following resources: Arkansas Cleveland County Federal Building 26 Magnolia St. Rison, 00000752 Lee County Mison-Evans Barn 459 S. Alabama St. and U.S. 1 Bus. S. Marianna, 99001349 Prairie County White River Bridge at DeValls Bluff (Historic Bridges of Arkansas MPS) US 70, over the White River DeValls Bluff, 90000514 A request for a MOVE has been made for the following resource: Texas Brazoria County Underwood, Ammon, House Main St. Columbia, 76002011 [FR Doc. 05–11483 Filed 6–9–05; 8:45 am] BILLING CODE 4312–51–P Westchester County Marble Schoolhouse, 388 California Rd., Eastchester, 05000663 Rochelle Park—Rochelle Heights Historic District, The Circle, The Boulevard, The Serpentine, Hamilton Ave. and others, New Rochelle, 05000664 North Dakota La Moure County Dagen’s Grocery, 616 Central Ave., Jud, 05000659 Pennsylvania [Inv. No. 337–TA–503] In the Matter of Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof; Notice of Institution of Formal Consolidated Enforcement and Advisory Opinion Proceedings U.S. International Trade Commission ACTION: Notice. AGENCY: Montgomery County Black Horse Inn, 1432 Bethlehem Pike, Flourtown, 05000685 Texas Starr County Mifflin Kenedy Warehouse and Old Starr County Courthouse, 200 Blk. W. Water St., Rio Grande City, 05000657 Rio Grande City Downtown Historic District, (Rio Grande City, Starr County, Texas MPS) Roughly bounded by N. Corpus, E. Wimpy, N. Avasolo and E. Mirasoles, Rio Grande City, 05000656 VerDate jul<14>2003 INTERNATIONAL TRADE COMMISSION 17:22 Jun 09, 2005 Jkt 205001 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to certain remedial orders issued at the conclusion of the above-captioned investigation. The Commission has also instituted advisory opinion proceedings in the same investigation. FOR FURTHER INFORMATION CONTACT: Rodney Maze, Esq., Office of the PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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 on January 7, 2004, based on a complaint filed by Eaton Corporation (‘‘Eaton’’) of Cleveland, Ohio. 67 FR 937 (January 7, 2004). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automated mechanical transmission (‘‘AMT’’) systems for medium-duty and heavy-duty trucks, and components thereof, by reason of infringement of claim 15 of U.S. patent No. 4,899,279 (‘‘the ‘279 patent’’); claims 1–20 of U.S. Patent No. 5,335,566 (‘‘thee ‘566 patent’’); claims 2–4 and 6– 16 of U.S. Patent No. 5,272,939 (‘‘the ‘939 patent’’); claims 1–13 of U.S. Patent No. 5,624,350 (‘‘the ‘350 patent’’); claims 1, 3, 4, 6–9, 11, 13, 14, 16 and 17 of U.S. Patent No. 6,149,545 (‘‘the ‘545 patent’’); and claims 1–16 of U.S. Patent No. 6,066,071 (‘‘the ‘071 patent’’). The complaint and notice of investigation named three respondents ZF Meritor, LLC of Maxton, North Carolina, ZF Friedrichshafen AG of Freidrichshafen, Germany, and ArvinMeritor, Inc. (‘‘ArvinMeritor’’) of Troy, Michigan. On January 7, 2005, the ALJ issued his final ID on violation and his recommended determination on remedy and bonding. The ALJ found a violation of section 337 by reason of infringement of claims 15 of the ‘279 patent by respondents. He found no violation of section 337 regarding the ‘566 and the ‘545 patents. Petitions for review were filed by Eaton, the respondents, and the commission investigative attorney E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Notices (‘‘IA’’) on January 21, 2005. All parties filed responses to the petitions on January 28, 2005. On February 24, 2005, the Commission issued a notice indicating that it has determined not to review the ALJ’s final ID on violation, thereby finding a violation of section 337. The Commission also called for briefing on the issues of remedy, the pubic interest and bonding. All parties filed timely written submissions regarding those issues. On April 7, 2005, the Commission issued a limited exclusion order and a cease and desist order covering AMT systems for medium-duty and heavy-duty trucks, and components thereof. 70 FR 19094 (April 13, 2005). On April 21, 2005, the respondents filed a request for issuance of an advisory opinion. The IA and the complainant each filed a response on May 2, 2005, and May 4, 2005, respectively. On May 11, 2005, the complainant filed a complaint for enforcement proceedings of the Commission’s remedial orders. On May 24, 2005, complaint amended its enforcement complaint. The Commission, having examined the amended complaint for a formal enforcement proceeding filed by the complainant, and having found that the amended complaint complies with the requirements for institution of a formal enforcement proceeding, determined to institute formal enforcement proceedings to determine whether the two respondents listed below are in violation of the Commission’s limited exclusion order and/or cease and desist order issued in the investigation, and what if any enforcement measures are appropriate. The following were named as parties to the formal enforcement proceeding: (1) Complainant Eaton Corporation (2) respondent ZF Friedrichshafen AG, (3) respondent ArvinMeritor, Inc.; and (4) a Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. The Commission, having examined the request for an advisory opinion filed by the respondents, and having found that the request complies with the requirements for institution of advisory opinion proceedings, determined to institute advisory opinion proceedings to determine whether the importation of the respondents’ redesigned FreedomLine transmission system would violate the limited exclusion order issued in the above-captioned investigation. The following were named as parties to the advisory opinion proceedings.: (1) Complainant Eaton Corporation (2) respondent ZF Friedrichshafen AG, (3) respondent VerDate jul<14>2003 17:22 Jun 09, 2005 Jkt 205001 ArvinMeritor, Inc.; and (4) a Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. The authority for the Commission’s determination is contained in section 337 of the Tariff of 1930, as amended (19 U.S.C. 1337), and in sections 210.75 and 210.79 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75 and 210.79). By order of the Commission. Issued: June 6, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–11482 Filed 6–9–05; 8:45 am] BILLING CODE 4210–29–M DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on April 8, 2005, Research Triangle Institute, Kenneth H. Davis Jr., Hermann Building East Institute Drive, P.O. Box 12194, Research Triangle Park, North Carolina 27709, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed in Schedules I and II: Drug Schedule Marihuana (7360) ......................... Cocaine (9041) ............................. I II The Institute will manufacture small quantities of cocaine derivates and marihuana derivatives for use by their customers primarily in analytical kits, reagents and preference standards. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail may be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative, Liaison and Policy Section (ODL); or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 33923 Alexandria, Virginia 22301; and must be filed no later than August 9, 2005. Dated: June 2, 2005. William J. Walker, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. 05–11479 Filed 6–9–05; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Parole Commission Record of Vote of Meeting Closure (Public Law 94–409) (5 U.S.C. Sec. 552b); Sunshine Act I, Edward F. Reilly, Jr., Chairman of the United States Parole Commission, was present at a meeting of said Commission, which started at approximately 12 noon on Thursday, June 2, 2005, at the U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815. The purpose of the meeting was to decide case deliberations or review of two original jurisdiction cases conducting pursuant to 28 CFR 2.17 and 28 CFR 2.27. Five Commissioners were present, constituting a quorum when the vote to close the meeting was submitted. Public announcement further describing the subject matter of the meeting and certifications of General Counsel that this meeting may be closed by vote of the Commissioners present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made, seconded, and carried, the following Commissioners voted that the meeting be closed: Edward F. Reilly, Jr., Cranston J. Mitchell, Deborah A. Spagnoli, Isaac Fulwood, Jr., and Patricia Cushwa. In witness whereof, I make this official record of the vote taken to close this meeting and authorize this record to be made available to the public. Dated: June 6, 2005. Edward F. Reilly, Jr., Chairman, U.S. Parole Commission. [FR Doc. 05–11620 Filed 6–8–05; 11:01 am] BILLING CODE 4410–01–M E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Notices]
[Pages 33922-33923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11482]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-503]


In the Matter of Certain Automated Mechanical Transmission 
Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof; 
Notice of Institution of Formal Consolidated Enforcement and Advisory 
Opinion Proceedings

AGENCY: U.S. International Trade Commission

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
certain remedial orders issued at the conclusion of the above-captioned 
investigation. The Commission has also instituted advisory opinion 
proceedings in the same 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 on January 7, 2004, based on a 
complaint filed by Eaton Corporation (``Eaton'') of Cleveland, Ohio. 67 
FR 937 (January 7, 2004). The complaint, as supplemented, alleged 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain automated mechanical 
transmission (``AMT'') systems for medium-duty and heavy-duty trucks, 
and components thereof, by reason of infringement of claim 15 of U.S. 
patent No. 4,899,279 (``the `279 patent''); claims 1-20 of U.S. Patent 
No. 5,335,566 (``thee `566 patent''); claims 2-4 and 6-16 of U.S. 
Patent No. 5,272,939 (``the `939 patent''); claims 1-13 of U.S. Patent 
No. 5,624,350 (``the `350 patent''); claims 1, 3, 4, 6-9, 11, 13, 14, 
16 and 17 of U.S. Patent No. 6,149,545 (``the `545 patent''); and 
claims 1-16 of U.S. Patent No. 6,066,071 (``the `071 patent''). The 
complaint and notice of investigation named three respondents ZF 
Meritor, LLC of Maxton, North Carolina, ZF Friedrichshafen AG of 
Freidrichshafen, Germany, and ArvinMeritor, Inc. (``ArvinMeritor'') of 
Troy, Michigan.
    On January 7, 2005, the ALJ issued his final ID on violation and 
his recommended determination on remedy and bonding. The ALJ found a 
violation of section 337 by reason of infringement of claims 15 of the 
`279 patent by respondents. He found no violation of section 337 
regarding the `566 and the `545 patents. Petitions for review were 
filed by Eaton, the respondents, and the commission investigative 
attorney

[[Page 33923]]

(``IA'') on January 21, 2005. All parties filed responses to the 
petitions on January 28, 2005.
    On February 24, 2005, the Commission issued a notice indicating 
that it has determined not to review the ALJ's final ID on violation, 
thereby finding a violation of section 337. The Commission also called 
for briefing on the issues of remedy, the pubic interest and bonding. 
All parties filed timely written submissions regarding those issues. On 
April 7, 2005, the Commission issued a limited exclusion order and a 
cease and desist order covering AMT systems for medium-duty and heavy-
duty trucks, and components thereof. 70 FR 19094 (April 13, 2005).
    On April 21, 2005, the respondents filed a request for issuance of 
an advisory opinion. The IA and the complainant each filed a response 
on May 2, 2005, and May 4, 2005, respectively. On May 11, 2005, the 
complainant filed a complaint for enforcement proceedings of the 
Commission's remedial orders. On May 24, 2005, complaint amended its 
enforcement complaint.
    The Commission, having examined the amended complaint for a formal 
enforcement proceeding filed by the complainant, and having found that 
the amended complaint complies with the requirements for institution of 
a formal enforcement proceeding, determined to institute formal 
enforcement proceedings to determine whether the two respondents listed 
below are in violation of the Commission's limited exclusion order and/
or cease and desist order issued in the investigation, and what if any 
enforcement measures are appropriate.
    The following were named as parties to the formal enforcement 
proceeding: (1) Complainant Eaton Corporation (2) respondent ZF 
Friedrichshafen AG, (3) respondent ArvinMeritor, Inc.; and (4) a 
Commission investigative attorney to be designated by the Director, 
Office of Unfair Import Investigations.
    The Commission, having examined the request for an advisory opinion 
filed by the respondents, and having found that the request complies 
with the requirements for institution of advisory opinion proceedings, 
determined to institute advisory opinion proceedings to determine 
whether the importation of the respondents' redesigned FreedomLine 
transmission system would violate the limited exclusion order issued in 
the above-captioned investigation. The following were named as parties 
to the advisory opinion proceedings.: (1) Complainant Eaton Corporation 
(2) respondent ZF Friedrichshafen AG, (3) respondent ArvinMeritor, 
Inc.; and (4) a Commission investigative attorney to be designated by 
the Director, Office of Unfair Import Investigations.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff of 1930, as amended (19 U.S.C. 1337), and in 
sections 210.75 and 210.79 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.75 and 210.79).

    By order of the Commission.

    Issued: June 6, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-11482 Filed 6-9-05; 8:45 am]
BILLING CODE 4210-29-M
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