In the Matter of Certain Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of Investigation, 74329-74330 [E7-25278]
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
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
identified in this notice. 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 Tuesday,
January 8, 2008. Reply submissions
must be filed no later than the close of
business on Tuesday, January 15, 2008.
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
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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
sections 210.42–46 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42–46 and
210.50).
By order of the Commission.
Issued: December 21, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–25279 Filed 12–28–07; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–624]
In the Matter of Certain Systems for
Detecting and Removing Viruses or
Worms, Components Thereof, and
Products Containing Same; 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
November 21, 2007, under section 337
of the Tariff Act of 1930, as amended,
19 U.S.C. 1337, on behalf of Trend
Micro Incorporated of Cupertino,
California. The 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 systems for detecting and
removing viruses or worms, components
thereof, and products containing same
by reason of infringement of certain
claims of U.S. Patent No. 5,623,600. 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 an
exclusion order and cease and desist
orders.
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74329
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 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 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: Rett
Snotherly, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone (202) 205–2599.
ADDRESSES:
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
(2007).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
December 21, 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 systems for
detecting and removing viruses or
worms, components thereof, or products
containing same by reason of
infringement of one or more of claims 2
and 4–22 of U.S. Patent No. 5,623,600,
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—Trend Micro
Incorporated, 10101 North De Anza
Boulevard, Cupertino, California 95014.
(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:
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
Barracuda Networks, Inc, 3175 S.
Winchester Blvd., Campbell, California
95008.
Panda Software International S.L.,
Buenos Aires 12, 48.001 Bilbao, Spain.
Panda Distribution, Inc., 230 N.
Maryland Avenue, Suite 303, Glendale,
California 91206.
(c) The Commission investigative
attorney, party to this investigation, is
Rett Snotherly, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Honorable Carl C. Charneski 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 an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: December 21, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–25278 Filed 12–28–07; 8:45 am]
BILLING CODE 7020–02–P
sroberts on PROD1PC70 with NOTICES
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
Notice is hereby given that on
December 13, 2007, a Consent Decree in
United States of America v. Merck &
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20:08 Dec 28, 2007
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Co., Inc., Civil Action No. 07–cv–5239,
was lodged with the United States
District Court for the Eastern District of
Pennsylvania.
The proposed consent decree with
Merck & Co., Inc., (‘‘Merck’’) resolves
the claims of the United States on behalf
of EPA against Merck for injunctive
relief and civil penalties under section
309 of the Clean Water Act (‘‘CWA’’), 33
U.S.C. 1319, in connection with the
pharmaceutical and vaccine research
and manufacturing facility located in
West Point, Montgomery County,
Pennsylvania. Pursuant to the consent
decree, Merck will pay a total of
$1,575,000 in penalties. Merck will pay
a civil penalty of $750,000 to the United
States, $750,000 to the Commonwealth,
and $75,000 to the Pennsylvania Fish
and Boat Commission. In addition,
Merck has undertaken, and will
continue to take, remedial measures at
their facility to prevent further
discharges. Finally, Merck has agreed to
State Community Environmental
Projects and Federal Supplemental
Environmental Projects at a value in
excess of $9 million.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to this proposed 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, Attention: Nancy
Flickinger (EES), and may be submitted
by electronic mail to the following
address: pubcommentees.enrd@usdj.gov. Comments should
refer to United States of America v.
Merck & Co., Inc., Civil Action No. 07–
cv–5239 D.J. Ref. 90–5–1–1–09062.
The proposed Consent Decree may be
examined at the Office of the United
States Attorney for the Eastern District
of Pennsylvania, 615 Chestnut Street,
Suite 1250, Philadelphia, Pennsylvania
19106, and at U.S. EPA Region III’s
Office, 1650 Arch Street, Philadelphia,
PA 19103. During the public comment
period, the consent decree may also be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
proposed Consent Decree 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,
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please enclose a check in the amount of
$7.75 (25 cents per page reproduction
cost for a full copy) payable to the U.S.
Treasury.
Robert D. Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 07–6243 Filed 12–28–07; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on
December 14, 2007, a proposed Consent
Decree in Barbara Fisher and the United
States v. Perma-Fix of Dayton, Inc.,
Civil Action No. 3:04 CV 418, was
lodged with the United States District
Court for the Southern District of Ohio.
This case began as a citizen suit filed
by Barbara Fisher against Perma-Fix of
Dayton, Inc. (‘‘Perma-Fix’’) under
section 304 of the Clean Air Act (‘‘CAA’’
or ‘‘Act’’) for violations of provisions of
the federally enforceable Ohio State
Implementation Plan (‘‘SIP’’) adopted
pursuant to section 110 of the Act, 42
U.S.C. 7410; violations of the Title V
Permit Program at section 502(a) of the
Act, 42 U.S.C. 7661a, and 40 CFR
70.5(a) and 70.7(b), and Ohio Admin.
Code Chapter 3745–77; violations of the
National Emission Standards for
Hazardous Air Pollutants (‘‘NESHAP’’)
for Off-Site Waste Recovery Operations
(the ‘‘OSWRO regulations’’) codified at
40 CFR Part 63, Subpart DD; and
violation of the nuisance provisions at
Ohio Administrative Code 3745–15–07.
The United States intervened as a
plaintiff in this action, seeking
injunctive relief and civil penalties
under section 113(b) of the Act, 42
U.S.C. 7413(b), against Perma-Fix for
violations of the OSWRO NESAHAP
regulations codified at 40 CFR Part 63,
Subpart DD; the general NESHAP
regulations at 40 CFR Part 63, Subpart
A; the Title V Permit Program at section
502(a) of the Act, 42 U.S.C. 7661a, and
40 CFR 70.5(a) and 70.7(b), and Ohio
Admin. Code Chapter 3745–77; and
provisions in the federally enforceable
Ohio SIP adopted pursuant to section
110 of the Act, 42 U.S.C. 7410. The
violations occurred at Perma-Fix’s
industrial waste processing facility in
Dayton, Ohio.
The proposed Consent Decree
resolves the United States’ claims
against Perma-Fix. Under the proposed
Consent Decree, Perma-Fix will
implement a compliance program that
includes: Implementation of certain
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]]>Agencies
[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74329-74330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25278]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-624]
In the Matter of Certain Systems for Detecting and Removing
Viruses or Worms, Components Thereof, and Products Containing Same;
Notice of Investigation
AGENCY: U.S. 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 November 21, 2007, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Trend Micro Incorporated of Cupertino, California. The 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 systems for detecting and removing viruses
or worms, components thereof, and products containing same by reason of
infringement of certain claims of U.S. Patent No. 5,623,600. 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 an 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 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 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: Rett Snotherly, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2599.
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 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 21, 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 systems for
detecting and removing viruses or worms, components thereof, or
products containing same by reason of infringement of one or more of
claims 2 and 4-22 of U.S. Patent No. 5,623,600, 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--Trend Micro Incorporated, 10101 North De
Anza Boulevard, Cupertino, California 95014.
(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:
[[Page 74330]]
Barracuda Networks, Inc, 3175 S. Winchester Blvd., Campbell,
California 95008.
Panda Software International S.L., Buenos Aires 12, 48.001 Bilbao,
Spain.
Panda Distribution, Inc., 230 N. Maryland Avenue, Suite 303,
Glendale, California 91206.
(c) The Commission investigative attorney, party to this
investigation, is Rett Snotherly, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Carl C.
Charneski 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 an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: December 21, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-25278 Filed 12-28-07; 8:45 am]
BILLING CODE 7020-02-P
