In the Matter of Certain Pesticides and Products Containing Clothianidin; Notice of Investigation, 11678-11679 [E8-4074]

Download as PDF 11678 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices Trade Commission, telephone (202) 205–2767. INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–634] In the Matter of Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the 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 January 30, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sharp Corporation of Japan. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain liquid crystal display modules, products containing same, and methods for using the same that infringe certain claims of U.S. Patent Nos. 6,879,364; 6,952,192; 7,304,703; and 7,304,626. 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. 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: Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International sroberts on PROD1PC70 with NOTICES ADDRESSES: VerDate Aug<31>2005 17:57 Mar 03, 2008 Jkt 214001 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 February 27, 2008, 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 liquid crystal display modules, products containing same, and methods for using the same that infringe one or more of claims 5– 7 of U.S. Patent No. 6,879,364; claims 1 and 4 of U.S. Patent No. 6,952,192; claims 1, 2, 6–8, 13, 14, 16, and 17 of U.S. Patent No. 7,304,703; and claims 10, 17, and 20 of U.S. Patent No. 7,304,626, 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— Sharp Corporation, 22–22 Nagaike-cho, Abeno-ku, Osaka 545–8522, Japan. (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: Samsung Electronics Co., Ltd., 416 maetan-dong, Youngtong-gu, Suwon, Kyunggi-Do, Korea 443–742. Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield Park, New Jersey 07660. Samsung Semiconductor, Inc., 3655 North First Street, San Jose, California 95134. (c) The Commission investigative attorney, party to this investigation, is Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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 the 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 orders or both directed against the respondent. Issued: February 27, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–4072 Filed 3–3–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–635] In the Matter of Certain Pesticides and Products Containing Clothianidin; 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 January 31, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sumitomo Chemical Co. Ltd. of Japan and Valent U.S.A. Corporation of Walnut Creek, California. A supplement to the complaint was filed on February 19, 2008. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain pesticides and products containing clothianidin that infringe certain claims of U.S. Patent E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices No. 5,034,404. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. 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: Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2582. ADDRESSES: sroberts on PROD1PC70 with NOTICES 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 February 27, 2008, 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 pesticides or products containing clothianidin that infringe one or more of claims 1 and 9 of U.S. Patent No. 5,034,404, 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: VerDate Aug<31>2005 17:57 Mar 03, 2008 Jkt 214001 (a) The complainants are— Sumitomo Chemical Co. Ltd., Tokyo Sumitomo Twin Building (East), 27– 1, Shinkawa 2-chome, Chuo-ku, Tokyo 104–8260, Japan. Valent U.S.A. Corporation, 1600 Riviera Ave., Suite 200, Walnut Creek, California 94596. (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: Syngenta AG, Schwarzwaldallee 215, 4058 Basel, Switzerland. Syngenta India Ltd., Crop Protection Sector, Royal Insurance Building, 14, J. Tata Road, Mumbai 400 020, India. Syngenta Corp., 2200 Concord Pike, Wilmington, Delaware 19803. Syngenta Seeds Inc., 7500 Olson Memorial Highway, Golden Valley, Minnesota 55427. Syngenta Crop Protection Inc., 410 S. Swing Rd., Greensboro, North Carolina 27409. Garst Seed Co., 2369 330th Street, Slater, Iowa 50244. Golden Harvest Seeds, Inc., 100JC Robinson Blvd., Waterloo, Nebraska 68130. (c) The Commission investigative attorney, party to this investigation, is Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401, Washington, DC 20436; 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 an initial determination PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 11679 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. Issued: February 27, 2008. By order of the Commission. Marilyn R. Abbott, Secretary for the Commission. [FR Doc. E8–4074 Filed 3–3–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–578] In the Matter of Certain Mobile Telephone Handsets, Wireless Communication Devices, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination of the Administrative Law Judge Finding No Violation of Section *337; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) determining that there is no violation of section 337 of the Tariff Act of 1930. FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3107. 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 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. 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 section 337 investigation on July 12, 2006, based on a complaint filed by QUALCOMM E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Pages 11678-11679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4074]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-635]


In the Matter of Certain Pesticides and Products Containing 
Clothianidin; 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 January 31, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Sumitomo Chemical Co. Ltd. of Japan and Valent U.S.A. Corporation of 
Walnut Creek, California. A supplement to the complaint was filed on 
February 19, 2008. The complaint, as supplemented, alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain pesticides and products containing clothianidin 
that infringe certain claims of U.S. Patent

[[Page 11679]]

No. 5,034,404. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request 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: Vu Q. Bui, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2582.

    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 February 27, 2008, 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 pesticides 
or products containing clothianidin that infringe one or more of claims 
1 and 9 of U.S. Patent No. 5,034,404, 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 complainants are--

Sumitomo Chemical Co. Ltd., Tokyo Sumitomo Twin Building (East), 27-1, 
Shinkawa 2-chome, Chuo-ku, Tokyo 104-8260, Japan.
Valent U.S.A. Corporation, 1600 Riviera Ave., Suite 200, Walnut Creek, 
California 94596.

    (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:

Syngenta AG, Schwarzwaldallee 215, 4058 Basel, Switzerland.
Syngenta India Ltd., Crop Protection Sector, Royal Insurance Building, 
14, J. Tata Road, Mumbai 400 020, India.
Syngenta Corp., 2200 Concord Pike, Wilmington, Delaware 19803.
Syngenta Seeds Inc., 7500 Olson Memorial Highway, Golden Valley, 
Minnesota 55427.
Syngenta Crop Protection Inc., 410 S. Swing Rd., Greensboro, North 
Carolina 27409.
Garst Seed Co., 2369 330th Street, Slater, Iowa 50244.
Golden Harvest Seeds, Inc., 100JC Robinson Blvd., Waterloo, Nebraska 
68130.

    (c) The Commission investigative attorney, party to this 
investigation, is Vu Q. Bui, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436; 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 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.

    Issued: February 27, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary for the Commission.
[FR Doc. E8-4074 Filed 3-3-08; 8:45 am]
BILLING CODE 7020-02-P
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