In the Matter of Certain Vein Harvesting Surgical Systems and Components Thereof; Notice of Investigation, 24611-24612 [E8-9705]

Download as PDF rfrederick on PROD1PC67 with NOTICES Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Notices provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations 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 the final phase of these investigations will be placed in the nonpublic record on June 18, 2008, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing. The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on July 2, 2008, 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 June 26, 2008. 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 June 30, 2008, 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), and 207.24 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 who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is June 25, 2008. 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 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is July 10, 2008; 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 investigations may submit a written statement of information pertinent to VerDate Aug<31>2005 15:16 May 02, 2008 Jkt 214001 the subject of the investigations, including statements of support or opposition to the petition, on or before July 10, 2008. On August 4, 2008, 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 August 6, 2008, but such final comments must not contain new factual information and must otherwise comply with section 207.30 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 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 investigations must be served on all other parties to the investigations (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 investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. Issued: April 29, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–9772 Filed 5–2–08; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 24611 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–645] In the Matter of Certain Vein Harvesting Surgical Systems and Components 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 April 1, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Maquet Cardiovascular LLC of San Jose, California. The complaint was supplemented on April 22, 2008. 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 vein harvesting surgical systems and components thereof by reason of infringement of certain claims of U.S. Patent No. Re. 36,043 and U.S. Patent No. 6,830,546. 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 and supplement, except for any confidential information contained therein, are 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: T. Spence Chubb, Office of Unfair Import ADDRESSES: E:\FR\FM\05MYN1.SGM 05MYN1 rfrederick on PROD1PC67 with NOTICES 24612 Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Notices Investigations, U.S. International Trade Commission, telephone (202) 205–2575. 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 April 25, 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 vein harvesting surgical systems or components thereof by reason of infringement of one or more of claims 22, 26, 28, and 49 of U.S. Patent No. Re. 36,043 and claims 1–4 and 7–9 of U.S. Patent No. 6,830,546, 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— Maquet Cardiovascular L.L.C., 170 Baytech Drive, San Jose, CA 95134. (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: Terumo Corporation, 44–1, 2 C-chome, Hatagaya, Shibuya-ku, Tokyo, 151– 0072, Japan. Terumo Cardiovascular Systems Corporation, 6200 Jackson Road, Ann Arbor, MI 48103. (c) The Commission investigative attorney, party to this investigation, is T. Spence Chubb, 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 VerDate Aug<31>2005 15:16 May 02, 2008 Jkt 214001 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 a cease and desist order or both directed against the respondent. Issued: April 28, 2008. By order of the Commission. Marilyn R. Abbott, Secretary of the Commission. [FR Doc. E8–9705 Filed 5–2–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–08–009] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: May 14, 2008 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731–TA–1121 (Final) (Light-Walled Rectangular Pipe and Tube from Turkey)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before May 23, 2008.) 5. Outstanding Action Jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: Issued: April 30, 2008. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 By Order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8–9885 Filed 5–2–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on April 25, 2008, a proposed Settlement Agreement in United States and the State of Montana v. ASARCO LLC, Atlantic Richfield Company (‘‘Arco’’), and Arco Environmental Remediation LLC, No. 6:08–CV–00030 DWM, was lodged with the United States District Court for the District of Montana, Helena Division. In this action the United States and the State of Montana alleged claims for injunctive relief, recovery of response costs, and recovery of natural resource damages in connection with the release and threats of release of hazardous substances at and from the Mike Horse Mine and surrounding area (‘‘Site’’) in Lewis and Clark County, Montana, pursuant to sections 106, 107 and 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9606, 9607 & 9613(f); sections 301(a), 309(b) and 311 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1311(a), 1319(b) & 1321; and section 7003 of the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6973. The State also alleged claims under the Montana Comprehensive Environmental Cleanup and Responsibility Act (‘‘CECRA’’), Mont. Code Ann. sections 75–10–701, et seq., and the Montana Water Quality Act (‘‘WQA’’), Mont. Code Ann. sections 75–5–101, et seq. The Settlement Agreement, which is subject to the district court’s approval, requires among other things that the settlers pay $17 million in cash. Of this sum, ASARCO LLC will pay $8.5 million and Arco and Arco Environmental Remediation LLC will pay $8.5 million. From these initial cash payments, $1 million will be paid to the Forest Service in reimbursement of response costs expected to be incurred in oversight of response actions. The remainder will be paid to the State. The State will use the funds to perform response action and natural resource restoration. In addition, ASARCO LLC has agreed to an allowed general unsecured claim of $20 million to be paid out in accordance with the terms E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Notices]
[Pages 24611-24612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9705]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-645]


In the Matter of Certain Vein Harvesting Surgical Systems and 
Components 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 April 1, 2008, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Maquet Cardiovascular LLC of San Jose, California. The complaint was 
supplemented on April 22, 2008. 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 vein harvesting surgical systems and components thereof by 
reason of infringement of certain claims of U.S. Patent No. Re. 36,043 
and U.S. Patent No. 6,830,546. 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 and supplement, except for any confidential 
information contained therein, are 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: T. Spence Chubb, Office of Unfair 
Import

[[Page 24612]]

Investigations, U.S. International Trade Commission, telephone (202) 
205-2575.
    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 April 25, 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 vein 
harvesting surgical systems or components thereof by reason of 
infringement of one or more of claims 22, 26, 28, and 49 of U.S. Patent 
No. Re. 36,043 and claims 1-4 and 7-9 of U.S. Patent No. 6,830,546, 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--
Maquet Cardiovascular L.L.C., 170 Baytech Drive, San Jose, CA 95134.

    (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:

Terumo Corporation, 44-1, 2 C-chome, Hatagaya, Shibuya-ku, Tokyo, 151-
0072, Japan.
Terumo Cardiovascular Systems Corporation, 6200 Jackson Road, Ann 
Arbor, MI 48103.

    (c) The Commission investigative attorney, party to this 
investigation, is T. Spence Chubb, 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 
a cease and desist order or both directed against the respondent.

    Issued: April 28, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary of the Commission.
 [FR Doc. E8-9705 Filed 5-2-08; 8:45 am]
BILLING CODE 7020-02-P