In the Matter of Certain Rubber Antidegradants, Components Thereof, and Products Containing Same; Remand of Investigation to Presiding Administrative Law Judge; Rescission of Limited Exclusion Order, 32356-32357 [E8-12738]

Download as PDF 32356 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices the decision shall have until July 7, 2008 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513–7504. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907–271–5960, or by e-mail at ak.blm.conveyance@ak.blm.gov. Persons who use a telecommunication device (TTD) may call the Federal Information Relay Service (FIRS) at 1–800–877– 8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Hillary Woods, Land Law Examiner, Land Transfer Adjudication I. [FR Doc. E8–12726 Filed 6–5–08; 8:45 am] BILLING CODE 4310–JA–P For the Western Montana RAC, contact the Resource Advisory Council Coordinator, at the Butte Field Office, 106 North Parkmont, Butte, Montana 59701, telephone 406–533–7600. SUPPLEMENTARY INFORMATION: The 15member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in western Montana. Topics of discussion at the September 4 meeting will be announced through the local media. Topics for the November 20 meeting will be determined at the September 4 meeting. All meetings are open to the public. The public may present written comments to the Council. Each formal Council meeting will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, or other reasonable accommodations, should contact the BLM as provided below. FOR FURTHER INFORMATION CONTACT: Dated: May 29, 2008. Richard M. Hotaling, Field Manager. [FR Doc. E8–12730 Filed 6–5–08; 8:45 am] DEPARTMENT OF THE INTERIOR Bureau of Land Management BILLING CODE 4310–$$–P [MT–079–08–1010–PH] Notice of Public Meeting, Western Montana Resource Advisory Council Meeting Bureau of Land Management, Interior. ACTION: Notice of public meeting. PWALKER on PROD1PC71 with NOTICES AGENCY: SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM), the Western Montana Resource Advisory Council will meet as indicated below. DATES: The next two regular meetings of the Western Montana RAC will be held September 4, 2008 at the Dillon Field Office, 1005 Selway Drive, Dillon, Montana and November 20, 2008 at the Butte Field Office, 106 North Parkmont, Butte, Montana beginning at 9 a.m. The public comment period for both meetings will begin at 11:30 a.m. and the meetings are expected to adjourn at approximately 3 p.m. A field trip in the Dillon area on September 3 may be offered in conjunction with the regular meeting on September 4. VerDate Aug<31>2005 16:09 Jun 05, 2008 Jkt 214001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–533] In the Matter of Certain Rubber Antidegradants, Components Thereof, and Products Containing Same; Remand of Investigation to Presiding Administrative Law Judge; Rescission of Limited Exclusion Order U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to remand the above-captioned investigation to the presiding administrative law judge (‘‘ALJ’’) for proceedings consistent with the December 21, 2007 judgment of the U.S. Court of Appeals for the Federal Circuit in Sinorgchem Co., Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007). The Commission has also determined to rescind the limited exclusion order previously issued in this investigation. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 (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 investigation on March 29, 2005, based on a complaint brought by Flexsys America L.P. (‘‘Flexsys’’), alleging a violation of section 337 in the importation, the sale for importation, or the sale after importation of certain rubber antidegradants, components thereof, or products containing same by reason of infringement of claims 30 or 61 of U.S. Patent No. 5,117,063 (‘‘the ’063 patent’’), or claims 7 or 11 of U.S. Patent No. 5,608,111 (‘‘the ’111 patent’’), or claims 1, 32, or 40 of U.S. Patent No. 6,140,538 (‘‘the ’538 patent’’). 70 FR 15,855 (Mar. 29, 2005). The patents teach processes for the production of 4–ADPA and alkylated derivatives of 4–ADPA. One of these alkylated derivatives, 6–PPD, is used to prevent the degradation of rubber. The complaint named as respondents Sinorgchem Co. (‘‘Sinorgchem’’) of Shandong, China, as well as Sovereign Chemical Company (‘‘Sovereign’’), Korea Kumho Petrochemical Co., Ltd. (‘‘KKPC’’), Vilax Corporation (‘‘Vilax’’), and Stolt-Nielson Transportation Group Ltd. (‘‘Stolt-Nielson’’). It was alleged that the accused rubber antidegradant products were made using the patented processes. The investigation was terminated with regard to the ’538 patent, and with regard to Vilax and Stolt-Nielson. On February 16, 2006, the ALJ issued his final initial determination (‘‘final ID’’ or ‘‘ID’’). The ALJ found that Sinorgchem and Sovereign had violated section 337 by infringing the asserted claims of the ’063 and ’111 patents, but found that KKPC had not. All parties E:\FR\FM\06JNN1.SGM 06JNN1 PWALKER on PROD1PC71 with NOTICES Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices petitioned for review of various parts of the final ID. The Commission reviewed the ALJ’s final ID in its entirety, and solicited further briefing from the parties on the issues on review, as well as the on the issues of remedy, the public interest, and bonding. 71 FR 20131 (April 19, 2006). On review, the Commission found the asserted claims to be infringed by Sinorgchem and Sovereign, made a determination of violation of section 337 by Sinorgchem and Sovereign, and issued a limited exclusion order. The limited exclusion order bars the unauthorized importation into the United States by Sinorgchem and Sovereign of 4–ADPA, made by a process covered by claim 30 of the ’063 patent or claim 7 of the ’111 patent, and 6–PPD, made by a process covered by claim 61 of the ’063 patent or claim 11 of the ’111 patent. Sinorgchem appealed the Commission’s final determination to the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). On December 21, 2007, the Federal Circuit issued its judgment vacating and remanding the Commission’s final determination for further proceedings consistent with the Court’s opinion. Sinorgchem Co., Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007). Intervenor Flexsys America L.P. (‘‘Flexsys’’) petitioned the Federal Circuit for rehearing and rehearing en banc. The Commission supported rehearing. On April 7, 2008, the Federal Circuit denied the petition for rehearing and rehearing en banc. The mandate of the Court issued on April 14, 2008. Upon consideration of this matter, the Commission has determined to rescind the limited exclusion order relating to the importation of rubber antidegradants made by Sinorgchem and Sovereign. The Commission has also determined to remand the investigation to the presiding ALJ for proceedings consistent with Sinorgchem Co., Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007), including issuance of a final initial determination on violation and a recommended determination on remedy and bonding. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), the Administrative Procedure Act, and Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR Part 210). By order of the Commission. VerDate Aug<31>2005 16:09 Jun 05, 2008 Jkt 214001 Issued: June 3, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–12738 Filed 6–5–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on May 23, 2008, a proposed Consent Decree in United States v. Kaman Aerospace Corporation, Civil Action No. 08–00794, was lodged with the United States District Court for the District of Connecticut. In this action, the United States sought recovery of past and future response costs incurred by the United States Navy in connection with the Naval Weapons Industrial Reserve Plant in Bloomfield, Connecticut (‘‘Facility’’). The Consent Decree resolves the potential liability of both the United States, which owned the Facility, and Kaman Aerospace Corporation (‘‘Kaman’’), a government contractor that operated the Facility, for all response costs incurred or to be incurred in connection with the Facility. In return for transferring the Facility to Kaman, Kaman will complete the remaining environmental remediation of the Facility. In addition, each party releases the other from liability for all response costs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Kaman Aerospace Corporation, D.J. Ref. No. 90–11–2–08604. The Consent Decree may be examined at the Office of the United States Attorney, 915 Lafayette Blvd., Bridgeport, Connecticut. During the public comment period, the Consent Decree also may be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree also may 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 32357 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 $27.75 (25 cents per page reproduction 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, Environment and Natural Resources Division. [FR Doc. E8–12630 Filed 6–5–08; 8:45 am] BILLING CODE 4410–CW–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140–0070] Agency Information Collection Activities: Proposed Collection; Comments Requested 60-Day Notice of Information Collection Under Review: Application for Explosives License or Permit. ACTION: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until August 5, 2008. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Christopher Reeves, Chief, Federal Explosives Licensing Center, 244 Needy Road, Martinsburg, WV 25405. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32356-32357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12738]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-533]


 In the Matter of Certain Rubber Antidegradants, Components 
Thereof, and Products Containing Same; Remand of Investigation to 
Presiding Administrative Law Judge; Rescission of Limited Exclusion 
Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to remand the above-captioned investigation 
to the presiding administrative law judge (``ALJ'') for proceedings 
consistent with the December 21, 2007 judgment of the U.S. Court of 
Appeals for the Federal Circuit in Sinorgchem Co., Shandong v. 
International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007). The 
Commission has also determined to rescind the limited exclusion order 
previously issued in this investigation.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 
(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 investigation 
on March 29, 2005, based on a complaint brought by Flexsys America L.P. 
(``Flexsys''), alleging a violation of section 337 in the importation, 
the sale for importation, or the sale after importation of certain 
rubber antidegradants, components thereof, or products containing same 
by reason of infringement of claims 30 or 61 of U.S. Patent No. 
5,117,063 (``the '063 patent''), or claims 7 or 11 of U.S. Patent No. 
5,608,111 (``the '111 patent''), or claims 1, 32, or 40 of U.S. Patent 
No. 6,140,538 (``the '538 patent''). 70 FR 15,855 (Mar. 29, 2005). The 
patents teach processes for the production of 4-ADPA and alkylated 
derivatives of 4-ADPA. One of these alkylated derivatives, 6-PPD, is 
used to prevent the degradation of rubber.
    The complaint named as respondents Sinorgchem Co. (``Sinorgchem'') 
of Shandong, China, as well as Sovereign Chemical Company 
(``Sovereign''), Korea Kumho Petrochemical Co., Ltd. (``KKPC''), Vilax 
Corporation (``Vilax''), and Stolt-Nielson Transportation Group Ltd. 
(``Stolt-Nielson''). It was alleged that the accused rubber 
antidegradant products were made using the patented processes. The 
investigation was terminated with regard to the '538 patent, and with 
regard to Vilax and Stolt-Nielson.
    On February 16, 2006, the ALJ issued his final initial 
determination (``final ID'' or ``ID''). The ALJ found that Sinorgchem 
and Sovereign had violated section 337 by infringing the asserted 
claims of the '063 and '111 patents, but found that KKPC had not. All 
parties

[[Page 32357]]

petitioned for review of various parts of the final ID.
    The Commission reviewed the ALJ's final ID in its entirety, and 
solicited further briefing from the parties on the issues on review, as 
well as the on the issues of remedy, the public interest, and bonding. 
71 FR 20131 (April 19, 2006). On review, the Commission found the 
asserted claims to be infringed by Sinorgchem and Sovereign, made a 
determination of violation of section 337 by Sinorgchem and Sovereign, 
and issued a limited exclusion order. The limited exclusion order bars 
the unauthorized importation into the United States by Sinorgchem and 
Sovereign of 4-ADPA, made by a process covered by claim 30 of the '063 
patent or claim 7 of the '111 patent, and 6-PPD, made by a process 
covered by claim 61 of the '063 patent or claim 11 of the '111 patent.
    Sinorgchem appealed the Commission's final determination to the 
U.S. Court of Appeals for the Federal Circuit (``Federal Circuit''). On 
December 21, 2007, the Federal Circuit issued its judgment vacating and 
remanding the Commission's final determination for further proceedings 
consistent with the Court's opinion. Sinorgchem Co., Shandong v. 
International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007). 
Intervenor Flexsys America L.P. (``Flexsys'') petitioned the Federal 
Circuit for rehearing and rehearing en banc. The Commission supported 
rehearing. On April 7, 2008, the Federal Circuit denied the petition 
for rehearing and rehearing en banc. The mandate of the Court issued on 
April 14, 2008.
    Upon consideration of this matter, the Commission has determined to 
rescind the limited exclusion order relating to the importation of 
rubber antidegradants made by Sinorgchem and Sovereign. The Commission 
has also determined to remand the investigation to the presiding ALJ 
for proceedings consistent with Sinorgchem Co., Shandong v. 
International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007), 
including issuance of a final initial determination on violation and a 
recommended determination on remedy and bonding.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), the Administrative 
Procedure Act, and Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR Part 210).

    By order of the Commission.

    Issued: June 3, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-12738 Filed 6-5-08; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.