In the Matter of Certain Lighting Control Devices Including Dimmer Switches and/or Switches and Parts Thereof; Notice of Investigation, 16819-16820 [E7-6394]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices infringement, domestic industry, and validity as those issues relate to the ‘889 patent? Furthermore, in connection with the final disposition of this investigation, the Commission may (1) Issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) The public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 the record in this investigation, including references to exhibits and testimony. Additionally, parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on April 9, 2007. Reply submissions must be filed no later than the close of business on April 16, 2007. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. 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 210.42–46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–46). Issued: March 30, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–6393 Filed 4–4–07; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 16819 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–599] In the Matter of Certain Lighting Control Devices Including Dimmer Switches and/or Switches and Parts Thereof; Notice of Investigation U.S. 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 March 2, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. An amended complaint was filed on March 19, 2007. The amended complaint 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 lighting control devices including dimmer switches and/or switches and parts thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,637,930, 5,248,919, 5,982,103, 5,905,442, and 5,736,965. The amended 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 exclusion order and permanent cease and desist orders. ADDRESSES: The amended 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 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 at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://www.usitc.gov/secretary/ edis.htm E:\FR\FM\05APN1.SGM 05APN1 16820 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices jlentini on PROD1PC65 with NOTICES FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2781. 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 (2006). Scope of Investigation: Having considered amended complaint, the U.S. International Trade Commission, on March 30, 2007, 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 lighting control devices including dimmer switches and/or switches and parts thereof by reason of infringement of one or more of claims 1, 36, 65, 83, 85, 87, 89, 90, 94, 112, 114, 116, 118, 119, 123, 149, 178, 193, 195, 197, 199, and 200 of U.S. Patent No. 5,637,930; claims 44, 47, and 49 of U.S. Patent No. 5,248,919; claims 1–5, 8–10, 12, and 22 of U.S. Patent No. 5,982,103; claims 151, 152, and 155–157 of U.S. Patent No. 5,905,442; and claims 1, 3, and 14 of U.S. Patent No. 5,736,965; 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—Lutron Electronics Co., Inc., 7200 Suter Road, Coopersburg, Pennsylvania 18036. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Leviton Manufacturing Co., Inc., 59–25 Little Neck Parkway, Little Neck, New York 11362. Control4, 11734 South Election Road, Salt Lake City, Utah 84020. (c) The Commission investigative attorney, party to this investigation, is Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–R, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Robert L. Barton, Jr. is VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 designated as the presiding administrative law judge. Responses to the amended 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended 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 amended complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against a respondent. Issued: March 30, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–6394 Filed 4–4–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on March 23, 2007, a proposed consent decree in United States v. Allied Waste Industries and Waste Management, Civil Action No. 06–5245, was lodged with the United States District Court for the Northern District of Illinois. In this cost recovery action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607, the United States sought recovery of unreimbursed past response costs and prejudgement interest incurred by the United States Environmental Protection PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Agency at the Tri-County/Elgin Landfills Superfund Site located near Elgin in Kane County, Illinois. Under the proposed consent decree, Allied Waste Industries, Inc. (formerly known as BFI Waste Industries) and Waste Management of Illinois, Inc. will pay a total of $2,120,000 to the Hazardous Substance Superfund. The Department of Justice will accept comments relating to the proposed consent decree for a period of thirty (30) days from the date of publication of this notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. Comments should refer to United States v. Allied Waste, et al., Civil No. 06–5245 (N.D. Ill.) and D.J. Reference No. 90–11– 3–08672. The proposed consent decree may be examined at: (1) The Office of the United States Attorney for the Northern District of Illinois, 219 South Dearborn Street, Suite 500, Chicago, Illinois 60604, (312) 353–5300; and (2) the United States Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604–3590 (contact Jeffrey A. Cahn (312–886– 6670)). During the comment period, the proposed consent decree may also be examined on the following Department of Justice Web site: http:// www.usdoj.gov/enrd/ Consent_Decree.html. A copy of the proposed consent decree may also be obtained by mail from the Department of Justice Consent Decree Library, P.O. Box 7611, 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 refer to the referenced case and D.J. Reference No. 90–11–3–08672, and enclose a check in the amount of $24.50 for the consent decree (98 pages at 25 cents per page reproduction costs), made payable to the U.S. Treasury. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 07–1655 Filed 4–4–07; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16819-16820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6394]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-599]


In the Matter of Certain Lighting Control Devices Including 
Dimmer Switches and/or Switches and Parts Thereof; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 2, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. An amended 
complaint was filed on March 19, 2007. The amended complaint 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 lighting control devices including dimmer 
switches and/or switches and parts thereof by reason of infringement of 
certain claims of U.S. Patent Nos. 5,637,930, 5,248,919, 5,982,103, 
5,905,442, and 5,736,965. The amended 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 exclusion 
order and permanent cease and desist orders.

ADDRESSES: The amended 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 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 at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://www.usitc.gov/secretary/edis.htm

[[Page 16820]]


FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.
    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 (2006).
    Scope of Investigation: Having considered amended complaint, the 
U.S. International Trade Commission, on March 30, 2007, 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 lighting 
control devices including dimmer switches and/or switches and parts 
thereof by reason of infringement of one or more of claims 1, 36, 65, 
83, 85, 87, 89, 90, 94, 112, 114, 116, 118, 119, 123, 149, 178, 193, 
195, 197, 199, and 200 of U.S. Patent No. 5,637,930; claims 44, 47, and 
49 of U.S. Patent No. 5,248,919; claims 1-5, 8-10, 12, and 22 of U.S. 
Patent No. 5,982,103; claims 151, 152, and 155-157 of U.S. Patent No. 
5,905,442; and claims 1, 3, and 14 of U.S. Patent No. 5,736,965; 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--Lutron Electronics Co., Inc., 7200 Suter 
Road, Coopersburg, Pennsylvania 18036.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Leviton Manufacturing Co., Inc., 59-25 Little Neck Parkway, Little 
Neck, New York 11362.
Control4, 11734 South Election Road, Salt Lake City, Utah 84020.

    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-R, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as the presiding administrative law judge.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended 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 amended complaint and this 
notice and to enter an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or cease and desist order or both directed against a 
respondent.

    Issued: March 30, 2007.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-6394 Filed 4-4-07; 8:45 am]
BILLING CODE 7020-02-P