In the Matter of Certain Laser Bar Code Scanners and Scan Engines, Components Thereof and Products Containing Same; Notice of Investigation, 61841-61842 [05-21317]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices
Sharon Tube Co., Sharon, PA; Western
Tube Conduit Corp., Long Beach, CA;
Wheatland Tube Co., Wheatland, PA.;
and the United Steelworkers of
America, AFL–CIO, Pittsburgh, PA; the
Commission instituted investigation No.
TA–421–06, Circular Welded Non-Alloy
Steel Pipe from China, under section
421(b) of the Act to determine whether
circular welded non-alloy steel pipe
from China is being imported into the
United States in such increased
quantities or under such conditions as
to cause or threaten to cause market
disruption to the domestic producers of
like or directly competitive products.
Notice of the institution of the
Commission’s investigation and of the
scheduling of a public hearing to be
held in connection therewith was given
by posting a copy of the notice on the
Commission’s Web site (www.usitc.gov)
and by publishing the notice in the
Federal Register of August 10, 2005 (70
FR 46543). The hearing was held on
September 16, 2005 in Washington, DC;
all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The views of the Commission are
contained in USITC Publication 3807
(October 2005), entitled Circular Welded
Non-alloy Steel Pipe from China:
Investigation No. TA–421–6.
Issued: October 21, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–21395 Filed 10–25–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–551]
In the Matter of Certain Laser Bar Code
Scanners and Scan Engines,
Components Thereof and Products
Containing Same; Notice of
Investigation
International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
September 23, 2005, under section 337
of the Tariff Act of 1930, as amended,
19 U.S.C. 1337, on behalf of Symbol
Technologies, Inc. of Holtsville, New
York. An amended complaint was filed
on October 14, 2005. The complaint, as
amended, alleges violations of section
337 in the importation into the United
VerDate Aug<31>2005
16:26 Oct 25, 2005
Jkt 208001
States, the sale for importation, and the
sale within the United States after
importation of certain laser bar code
scanners and scan engines, components
thereof and products containing same
by reason of infringement of claim 48 of
U.S. Patent No. 5,262,627, claims 7, 13,
14, 17, and 18 of U.S. Patent No.
5,545,889, claims 17 and 18 of U.S.
Patent No. 5,917,173, claims 2 and 21 of
U.S. Patent No. 5,457,308, and claims 1,
2, and 4–6 of U.S. Patent No. 6,220,514.
The complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
permanent limited exclusion order and
cease and desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal at 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 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.
FOR FURTHER INFORMATION CONTACT:
Kevin Baer, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone 202–205–2221.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2005).
Scope of Investigation
Having considered the complaint, the
U.S. International Trade Commission,
on October 19, 2005, Ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain laser bar code
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
61841
scanners or scan engines, components
thereof or products containing same by
reason of infringement of one or more of
claim 48 of U.S. Patent No. 5,262,627,
claims 7, 13, 14, 17, and 18 of U.S.
Patent No. 5,545,889, claims 17 and 18
of U.S. Patent No. 5,917,173, claims 2
and 21 of U.S. Patent No. 5,457,308, and
claims 1, 2, and 4–6 of U.S. Patent No.
6,220,514, and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337.
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is—Symbol
Technologies, Inc., One Symbol Plaza,
Holtsville, New York 11742–1300.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Metro (Suzhou) Technologies Co., Ltd.,
221 Xing Hai Street, Suzhou Industrial
Park, Suzhou, China. Metrologic
Instruments, Inc., 90 Coles Road,
Blackwood, New Jersey 08012.
(c) Kevin Baer, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436, who
shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted,
the Honorable Charles E. Bullock is
designated as the presiding
administrative law judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter a final determination
containing such findings, and may
result in the issuance of a limited
E:\FR\FM\26OCN1.SGM
26OCN1
61842
Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices
the amount of $12.25 ($.25 per page
reproduction cost.
exclusion order or cease and desist
order or both directed against the
respondent.
By order of the Commission.
Issued: October 20, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–21317 Filed 10–25–05; 8:45 am]
Ellen M. Mahan,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 05–21363 Filed 10–25–05; 8:45 am]
BILLING CODE 4410–15–M
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that on October 12, 2005, a
proposed consent decree in United
States v. ARCO Terminal Services Corp.,
Case No. 05–07358, was lodged with the
United States District Court for the
Central District of California.
In this action, the United States
sought injunctive relief and civil
penalties under Section 113 of the Clean
Air Act (‘‘CAA’’), against ARCO
Terminal Services Corp. (‘‘ATSC’’) for
failure to use the required control
equipment to control emissions that
resulted in 294 separate loading events
that were subject to the control
requirements of Rule 1142 at its marine
loading facility in Long Beach,
California. The Consent Decree requires
ATSC to employ its existing control
technology on all loading events subject
to the requirements of Rule 1142 and to
pay a civil penalty of $225,000.
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, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. ARCO Terminal Services Corp.,
D.J. Ref. #90–5–2–1–06988.
The proposed Consent Decree may be
examined during the public comment
period on the following United States
Department of Justice Web site: https://
www.usdoj.gov/enrd/open.html. A copy
of the Consent Decree may also be
obtained by mail from the Consent
Decree Library, U.S. Department of
Justice, P.O. Box 7611, Ben Franklin
Station, Washington, DC 20044–7611, or
by faxing or E-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax number (202) 514–0097, phone
confirmation number (202) 514–1547.
When requesting a copy from the
Consent Decree Library, please enclose
a check, payable to the U.S. Treasury, in
VerDate Aug<31>2005
16:26 Oct 25, 2005
Jkt 208001
Notice of Lodging of Partial Consent
Decree Under the Clean Water Act
Notice is hereby given that on October
6, 2005, a proposed Consent Decree in
United States and Department of
Health, State of Hawaii v. Hawaii
Department of Transportation, Civil
Action No. 05–00636 was lodged with
the United States District Court for the
District of Hawaii.
The United States and the Department
of Health, State of Hawaii (‘‘DOH’’),
brings this action against the State of
Hawaii Department of Transportation
(‘‘HDOT’’), pursuant to Sections 309(b)
and (d), of the Clean Water Act (‘‘CWA’’
or ‘‘the Act’’), 33 U.S.C. 1319(b) and (d)
and Sections 342D–50(a) of the Hawaii
Revised Statutes (2004). The Consent
Decree provides for extensive injunctive
relief, civil penalties, and two
supplemental environmental projects
(‘‘SEP’’s). Pursuant to the terms of the
first project, HDOT will create an
Environmental Management System
(‘‘EMS’’) for the operations at HDOT’s
airports, harbors, and highways that
incorporate Best Management Practices
and Pollution Prevention at each of its
facilities.
Under the terms of the second project,
HDOT will develop and conduct
‘‘Compliance Assistance Workshops’’
for construction contractors and will
sponsor them at six locations on four of
the islands, Hawaii, Kauai, Maui and
Oahu.
Pursuant to 28 C.F.R. 50.7, the United
States 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 U.S. Department of Justice,
Assistance Attorney General,
Environmental and Natural Resources
Division, P.O. Box 7611, Ben Franklin
Station, Washington, DC 20044–7611,
and should refer to United States and
Department of Health, State of Hawaii
v. Hawaii Department of
Transportation, Civil Action No. 05–
00636, D.J. Ref. No. 90–5–1–1–07488.
The Consent Decree may be examined
during the public comment period on
the following Department of Justice Web
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
site: https://www.usdoj.gov/enrd/
open.html. A copy of the Consent
Decree may also be obtained by mail
from the Consent Decree Library, U.S.
Department of Justice, P.O. Box 7611,
Ben Franklin Station, Washington, DC
20044–7611, or by faxing or E-mailing a
request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax number
(202) 514–0097, phone confirmation
number (202) 514–1547. When
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $25.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Ellen M. Mahan,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources.
[FR Doc. 05–21362 Filed 10–25–05; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Between the United States of America
and Fremont Lumber Company, KerrMcGee Company and Western Nuclear,
Inc., Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Under 28 CFR 50.7, notice is hereby
given that on October 14, 2005, a
proposed Consent Decree (‘‘Consent
Decree’’), in the case of United States v.
Kerr-McGee Corp., et al., Civil Action
No. 04–CV–00032 (D. OR.), has been
lodged with the United States District
Court for the District of Oregon.
The Complaint sought performance of
work and the recovery of costs incurred
in connection with the response action
taken at the White King/Lucky Lass
Superfund Site (‘‘Site’’) in Lakeview
County, Oregon. Under the terms of this
Consent Decree Defendants agree to: (1)
Implement the remaining remedial
action at the Site; (2) pay approximately
$3 million in past costs incurred by EPA
and the United States Department of
Agriculture, Forest Service; (3) pay a
civil penalty of $ 50,000; (4) perform a
Supplemental Environmental Project for
their failure to timely comply with an
existing Unilateral Administrative Order
(‘‘UAO’’); (5) grant a covenant not to sue
for all claims against the United States;
and (6) dismiss a citizen suite under
CERCLA Section 310. In addition, as
part of this settlement the United States
agress to pay Defendants $2,000,000 to
resolve the contribution claims that
have been asserted against U.S. Forest
Service and other federal agencies. In
exchange, the United States will provide
E:\FR\FM\26OCN1.SGM
26OCN1
]]>Agencies
[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61841-61842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21317]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-551]
In the Matter of Certain Laser Bar Code Scanners and Scan
Engines, Components Thereof and Products Containing Same; Notice of
Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 23, 2005, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on
behalf of Symbol Technologies, Inc. of Holtsville, New York. An amended
complaint was filed on October 14, 2005. The complaint, as amended,
alleges violations of section 337 in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain laser bar code scanners and scan engines,
components thereof and products containing same by reason of
infringement of claim 48 of U.S. Patent No. 5,262,627, claims 7, 13,
14, 17, and 18 of U.S. Patent No. 5,545,889, claims 17 and 18 of U.S.
Patent No. 5,917,173, claims 2 and 21 of U.S. Patent No. 5,457,308, and
claims 1, 2, and 4-6 of U.S. Patent No. 6,220,514. The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a permanent limited
exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112,
Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal at 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 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.
FOR FURTHER INFORMATION CONTACT: Kevin Baer, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2221.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2005).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on October 19, 2005, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain laser bar
code scanners or scan engines, components thereof or products
containing same by reason of infringement of one or more of claim 48 of
U.S. Patent No. 5,262,627, claims 7, 13, 14, 17, and 18 of U.S. Patent
No. 5,545,889, claims 17 and 18 of U.S. Patent No. 5,917,173, claims 2
and 21 of U.S. Patent No. 5,457,308, and claims 1, 2, and 4-6 of U.S.
Patent No. 6,220,514, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--Symbol Technologies, Inc., One Symbol
Plaza, Holtsville, New York 11742-1300.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served: Metro (Suzhou) Technologies Co., Ltd., 221 Xing Hai
Street, Suzhou Industrial Park, Suzhou, China. Metrologic Instruments,
Inc., 90 Coles Road, Blackwood, New Jersey 08012.
(c) Kevin Baer, Esq., Office of Unfair Import Investigations, U.S.
International Trade Commission, 500 E Street, SW., Suite 401,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Charles E.
Bullock is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter a final determination containing such findings, and may result
in the issuance of a limited
[[Page 61842]]
exclusion order or cease and desist order or both directed against the
respondent.
By order of the Commission.
Issued: October 20, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21317 Filed 10-25-05; 8:45 am]
BILLING CODE 7020-02-P
