In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, Parts Thereof, and Products Containing Same; Notice of Commission Decision To Terminate Remanded Investigation With a Finding of No Violation, 9358-9359 [E7-3583]

Download as PDF rmajette on PROD1PC67 with NOTICES 9358 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices response to its notice of institution (71 FR 64294, November 1, 2006) of the subject five-year reviews were adequate. Accordingly, the Commission determined that it would conduct full reviews pursuant to section 751(c)(5) of the Act (72 FR 6746, February 13, 2007). A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements are available from the Office of the Secretary and at the Commission’s Web site. Participation in the reviews and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission’s notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission’s notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in these reviews will be placed in the nonpublic record on July 9, 2007, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the reviews beginning at 9:30 a.m. on July 26, 2007, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before July 18, 2007. VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on July 23, 2007, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is July 18, 2007. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is August 21, 2007; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before August 21, 2007. On September 24, 2007, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before September 26, 2007, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: February 23, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3542 Filed 2–28–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–493 (Remand)] In the Matter of Certain Zero-MercuryAdded Alkaline Batteries, Parts Thereof, and Products Containing Same; Notice of Commission Decision To Terminate Remanded Investigation With a Finding of No Violation International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned remanded investigation with a finding of no violation of section 337. FOR FURTHER INFORMATION CONTACT: Christal Sheppard, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2301. Copies of the ALJ’s ID and all other nonconfidential 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 E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://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. The Commission instituted this investigation on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc. and Eveready Battery Company, Inc. (collectively, ‘‘EBC’’), both of St. Louis, Missouri. 68 FR 32771 (June 2, 2003). 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 zero-mercury-added alkaline batteries, parts thereof, and products containing same by reason of infringement of claims 1–12 of U.S. Patent No. 5,464,709 (‘‘the ’709 patent’’). The complaint and notice of investigation named 26 respondents and were later amended to include an additional firm as a respondent. The investigation has been terminated as to claims 8–12 of the ’709 patent. Several respondents have been terminated from the investigation for various reasons. On October 1, 2004, the Commission issued notice in the original investigation that it had determined to terminate the investigation with a finding of no violation of section 337 on the basis that the asserted claims of the ’709 patent were invalid for indefiniteness. EBC appealed the Commission’s final determination to the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). On January 25, 2006, the Federal Circuit issued its decision in the appeal, reversing the Commission’s final determination and remanding the investigation to the Commission. Energizer Holdings, Inc. v. International Trade Commission, 435 F.3d 1366 (Fed. Cir. 2006). The Federal Circuit issued its mandate on March 20, 2006. On April 14, 2006, the Commission issued an order directing all parties to the investigation to provide comments on how this investigation should proceed, including comments on whether and to what extent the investigation should be remanded to the ALJ. rmajette on PROD1PC67 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 Having considered the record in this investigation, including the comments received pursuant to the Commission’s order of April 14, 2006, the Commission has determined to terminate this investigation with a finding of no violation of section 337. Specifically, the Commission has determined that the asserted claims are invalid for failure to meet the written description requirement and that, if valid, they are not infringed by respondents’ products. Vice Chairman Aranoff and Commissioner Lane dissented from the Commission’s final determination. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.41–.51 of the Commission’s Rules of Practice and Procedure (19 CFR 210.41–.51). Issued: February 23, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3583 Filed 2–28–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Stipulation and Order Pursuant to Safe Drinking Water Act and Resource Recovery and Conservation Act Notice is hereby given that on February 12, 2007, a proposed settlement in United States v. Martin Ain, Civil No. 04–2912, has been lodged with the United States District Court for the Eastern District of New York. In this action, the United States sued Ain for violations of the Safe Drinking Water Act (‘‘SDWA’’), 42 U.S.C. 300h, et seq., and the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984 (‘‘RCRA’’), 42 U.S.C. 6901 et seq., in connection with the injection of fluids into wells on a property located at 257/259 Main Street, Town of Hempstead, New York, the failure to determine if contaminated soils and sludges were hazardous wastes and the failure to respond adequately to U.S. Environmental Protection Agency information requests. Ain has come into compliance with SDWA and RCRA. The settlement requires Ain to pay a civil penalty of $80,000. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the settlement. Comments should be addressed to the Assistant Attorney General, Environmental and PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 9359 Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to U.S. v. Martin Ain, D.J. Ref. 90–5–1–1–07662. The settlement may be examined at the Office of the United States Attorney, Eastern District of New York, 610 Federal Plaza, Central Islip, New York 11722, and at the Region II Office of the U.S. Environmental Protection Agency, Region II Records Center, 290 Broadway, 17th Floor, New York, NY 10007–1866. During the public comment period, the settlement may also be examined on the following Department of Justice Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the settlement 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 $2.00 (25 cents per page production 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. Ronald Gluck, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 07–908 Filed 2–28–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on February 20, 2007, a Consent Decree in United States of America v. FMC Corporation, Civil Action No. 05–5663, was lodged with the United States District Court for the Eastern District of Pennsylvania. The proposed consent decree with FMC Corporation (‘‘FMC’’) resolves the claims of the United States on behalf of EPA against FMC for past response costs under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), in connection with the East Tenth Street Superfund Site (‘‘Site’’) in Marcus Hook, Delaware County, Pennsylvania. E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9358-9359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3583]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-493 (Remand)]


In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, 
Parts Thereof, and Products Containing Same; Notice of Commission 
Decision To Terminate Remanded Investigation With a Finding of No 
Violation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate the above-captioned remanded 
investigation with a finding of no violation of section 337.

FOR FURTHER INFORMATION CONTACT: Christal Sheppard, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. Copies of the 
ALJ's ID and all other nonconfidential 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

[[Page 9359]]

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 (http://www.usitc.gov). The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://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: The Commission instituted this investigation 
on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc. 
and Eveready Battery Company, Inc. (collectively, ``EBC''), both of St. 
Louis, Missouri. 68 FR 32771 (June 2, 2003). 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 zero-mercury-added alkaline batteries, parts thereof, and 
products containing same by reason of infringement of claims 1-12 of 
U.S. Patent No. 5,464,709 (``the '709 patent''). The complaint and 
notice of investigation named 26 respondents and were later amended to 
include an additional firm as a respondent. The investigation has been 
terminated as to claims 8-12 of the '709 patent. Several respondents 
have been terminated from the investigation for various reasons.
    On October 1, 2004, the Commission issued notice in the original 
investigation that it had determined to terminate the investigation 
with a finding of no violation of section 337 on the basis that the 
asserted claims of the '709 patent were invalid for indefiniteness. EBC 
appealed the Commission's final determination to the U.S. Court of 
Appeals for the Federal Circuit (``Federal Circuit''). On January 25, 
2006, the Federal Circuit issued its decision in the appeal, reversing 
the Commission's final determination and remanding the investigation to 
the Commission. Energizer Holdings, Inc. v. International Trade 
Commission, 435 F.3d 1366 (Fed. Cir. 2006). The Federal Circuit issued 
its mandate on March 20, 2006. On April 14, 2006, the Commission issued 
an order directing all parties to the investigation to provide comments 
on how this investigation should proceed, including comments on whether 
and to what extent the investigation should be remanded to the ALJ.
    Having considered the record in this investigation, including the 
comments received pursuant to the Commission's order of April 14, 2006, 
the Commission has determined to terminate this investigation with a 
finding of no violation of section 337. Specifically, the Commission 
has determined that the asserted claims are invalid for failure to meet 
the written description requirement and that, if valid, they are not 
infringed by respondents' products. Vice Chairman Aranoff and 
Commissioner Lane dissented from the Commission's final determination.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 
210.41-.51 of the Commission's Rules of Practice and Procedure (19 CFR 
210.41-.51).

    Issued: February 23, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3583 Filed 2-28-07; 8:45 am]
BILLING CODE 7020-02-P