In the Matter of: Certain Hydraulic Excavators and Components Thereof General Exclusion Order, 4051-4052 [E9-1092]

Download as PDF Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices (2) Williams Prod Ryan Gulch, LLC, for lands in Rio Blanco County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303– 239–3767. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this Federal Register notice. The lessees have met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC69412 effective August 1, 2008, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: January 14, 2009. Milada Krasilinec, Land Law Examiner. [FR Doc. E9–1190 Filed 1–21–09; 8:45 am] Minerals Adjudication, at (307) 775– 6176. The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre, or fraction thereof, per year, and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW174048 effective August 1, 2008, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands. SUPPLEMENTARY INFORMATION: Julie L. Weaver, Acting Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E9–1201 Filed 1–21–09; 8:45 am] BILLING CODE 4310–22–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ES–956–1420–BJ–TRST; Group No. 193, Minnesota] BILLING CODE 4310–JB–P Eastern States: Filing of Plat of Survey AGENCY: Bureau of Land Management, Interior. ACTION: Notice of filing of plat of survey; Minnesota. DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY–923–1310–FI; WYW174048] Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease rmajette on PRODPC74 with NOTICES AGENCY: Bureau of Land Management, Interior. ACTION: Notice of proposed reinstatement of terminated oil and gas lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2–3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Red River Oil and Gas, LLC for competitive oil and gas lease WYW174048 for land in Carbon County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Julie L. Weaver, Acting Chief, Branch of Fluid VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 SUMMARY: The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM–Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: Cadastral Survey. SUPPLEMENTARY INFORMATION: This survey was requested by the Bureau of Indian Affairs. The lands we surveyed are: Fourth Principal Meridian, Minnesota T. 43 North, R. 27 West The plat of survey represents the dependent resurvey of a portion of the south boundary, a portion of the subdivisional lines, the subdivision of section 33, and the reestablishment of the record meander lines in section 33, in Township 43 North, Range 27 West, of the Fourth Principal Meridian, in the PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 4051 State of Minnesota, and was accepted January 9, 2009. We will place a copy of the plat we described in the open files. It will be available to the public as a matter of information. If BLM receives a protest against this survey, as shown on the plat, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file the plat until the day after we have accepted or dismissed all protests and they have become final, including decisions on appeals. Dated: January 12, 2009. Dominica Van Koten, Chief Cadastral Surveyor. [FR Doc. E9–1185 Filed 1–21–09; 8:45 am] BILLING CODE 4310–GJ–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–582] In the Matter of: Certain Hydraulic Excavators and Components Thereof General Exclusion Order The Commission has determined that there is a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) based on the unlawful importation and sale of certain hydraulic excavators that infringe United States Trademark Registration Nos. 2,140,606; 2,241,077; 2,140,605 and 2,448,848, which cover the ‘‘CAT’’ and ‘‘Caterpillar’’ marks. Having reviewed the record in this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that a general exclusion from entry for consumption is necessary because there is a pattern of violation of section 337 and it is difficult to identify the source of the infringing products. Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed importation of infringing gray market hydraulic excavators bearing the trademarks at issue. The Commission has further determined that the public interest factors enumerated in 19 U.S.C. 1337(d) do not preclude issuance of the general exclusion order, and that the bond during the Presidential review period shall be in the amount of 100 percent of the entered value of the articles in question. Accordingly, the Commission hereby orders that: E:\FR\FM\22JAN1.SGM 22JAN1 rmajette on PRODPC74 with NOTICES 4052 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices (1) Hydraulic excavators manufactured by or under authority of Caterpillar Inc. for sale and use outside the North America Commercial Division (United States and Canada) which (a) bear one or more of the following U.S. Trademark Reg. Nos. 2,140,605; 2,140,606; 2,421,077; and 2,448,848 and (b) are materially different from hydraulic excavators manufactured by or under authority of Caterpillar Inc. for sale and use in the United States, are excluded from entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except if imported by, under license from, or with the permission of the trademark owner, or as provided by law, until such date as the trademarks are abandoned, canceled, or rendered invalid or unenforceable. This paragraph shall apply to hydraulic excavators exported, shipped, sold, purchased, or imported by any and all persons, including authorized Caterpillar dealers. (2) Notwithstanding paragraph 1 of this Order, the aforesaid hydraulic excavators excludable under paragraph 1 of this Order are entitled to entry into the United States for consumption, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, under bond in the amount of 100 percent of entered value pursuant to subsection (j) of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337(j)), and the Presidential memorandum for the United States Trade Representative of July 21, 2005 (70 FR 43251) from the day after this Order is received by the United States Trade Representative until such time as the United States Trade Representative notifies the Commission that this Order is approved or disapproved but, in any event, not later than 60 days after the date of receipt of this Order. (3) In accordance with 19 U.S.C. 1337(l), the provisions of this Order shall not apply to hydraulic excavators bearing the asserted trademarks that are imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government. (4) Complainant Caterpillar Inc. shall file a written statement with the Commission, made under oath, each year on the anniversary of the issuance of this Order stating whether Caterpillar Inc. continues to use each of the aforesaid trademarks in commerce in the United States in connection with hydraulic excavators, whether any of the aforesaid trademarks has been VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 abandoned, canceled, or rendered invalid or unenforceable, and whether Caterpillar Inc. continues to satisfy the economic requirements of section 337(a)(2). (5) The Commission may modify this Order in accordance with the procedures described in section 210.76 of the Commission’s Rules of Practice and Procedure (19 CFR 210.76). (6) The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the U.S. Customs and Border Protection. (7) Notice of this Order shall be published in the Federal Register. (8) At the discretion of U.S. Customs and Border Protection (‘‘CBP’’) and pursuant to procedures it establishes, persons seeking to import hydraulic excavators that are potentially subject to this Order may be required to certify that they are familiar with the terms of this Order, that they have made appropriate inquiry, and thereupon state that, to the best of their knowledge and belief, the products being imported are not excluded from entry under paragraphs 1 through 7 of this Order. At its discretion, Customs may require persons who have provided the certification described in this paragraph to furnish such records or analyses as are necessary to substantiate the certification. By Order of the Commission. Issued: January 14, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–1092 Filed 1–21–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–09–002] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: January 27, 2009 at 9:30 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–1140 (Final) (Uncovered Innerspring Units from AGENCY HOLDING THE MEETING: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before February 11, 2009.) 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. By order of the Commission: Issued: January 15, 2009. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E9–1213 Filed 1–21–09; 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 In accordance with Section 122 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9622, the Department of Justice gives notice that, on January 6, 2009, a proposed Consent Decree (the Decree) in United States v. Beckman Coulter, Inc., et al., Civil Action No. 98–CV–4812, and New Jersey Department of Environmental Protection, et al. v. American Thermoplastics Corp., et al., Civil Action No. 98–CV–4781, was lodged with the United States District Court for the District of New Jersey. The Decree addresses recovery of response costs incurred or to be incurred and natural resource damages at the Combe Fill South Landfill Superfund Site (the Site), located in Washington and Chester Townships in Morris County, New Jersey. In these consolidated cases, the United States and the New Jersey Department of Environmental Protection brought civil claims against 31 potentially responsible parties (PRPs) under Section 107 of CERCLA, 42 U.S.C. 9607, for recovery of response costs at the Site. The State Plaintiffs also brought civil claims in connection with the Site under the New Jersey Spill Compensation and Control Act (the Spill Act), N.J.S.A. 58:10–23 et seq., and other authorities, for response costs and natural resource damages. Defendants subsequently filed contribution claims against 382 third-parties. Under the proposed Decree, Plaintiffs will receive: (1) $61-$69 million (depending on how many Municipal Third-Party Defendants enter into the E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4051-4052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1092]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-582]


In the Matter of: Certain Hydraulic Excavators and Components 
Thereof General Exclusion Order

    The Commission has determined that there is a violation of section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) based on the unlawful 
importation and sale of certain hydraulic excavators that infringe 
United States Trademark Registration Nos. 2,140,606; 2,241,077; 
2,140,605 and 2,448,848, which cover the ``CAT'' and ``Caterpillar'' 
marks.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission has made its 
determination on the issues of remedy, the public interest, and 
bonding. The Commission has determined that a general exclusion from 
entry for consumption is necessary because there is a pattern of 
violation of section 337 and it is difficult to identify the source of 
the infringing products. Accordingly, the Commission has determined to 
issue a general exclusion order prohibiting the unlicensed importation 
of infringing gray market hydraulic excavators bearing the trademarks 
at issue.
    The Commission has further determined that the public interest 
factors enumerated in 19 U.S.C. 1337(d) do not preclude issuance of the 
general exclusion order, and that the bond during the Presidential 
review period shall be in the amount of 100 percent of the entered 
value of the articles in question.
    Accordingly, the Commission hereby orders that:

[[Page 4052]]

    (1) Hydraulic excavators manufactured by or under authority of 
Caterpillar Inc. for sale and use outside the North America Commercial 
Division (United States and Canada) which (a) bear one or more of the 
following U.S. Trademark Reg. Nos. 2,140,605; 2,140,606; 2,421,077; and 
2,448,848 and (b) are materially different from hydraulic excavators 
manufactured by or under authority of Caterpillar Inc. for sale and use 
in the United States, are excluded from entry for consumption into the 
United States, entry for consumption from a foreign-trade zone, or 
withdrawal from warehouse for consumption, except if imported by, under 
license from, or with the permission of the trademark owner, or as 
provided by law, until such date as the trademarks are abandoned, 
canceled, or rendered invalid or unenforceable. This paragraph shall 
apply to hydraulic excavators exported, shipped, sold, purchased, or 
imported by any and all persons, including authorized Caterpillar 
dealers.
    (2) Notwithstanding paragraph 1 of this Order, the aforesaid 
hydraulic excavators excludable under paragraph 1 of this Order are 
entitled to entry into the United States for consumption, entry for 
consumption from a foreign trade zone, or withdrawal from a warehouse 
for consumption, under bond in the amount of 100 percent of entered 
value pursuant to subsection (j) of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337(j)), and the Presidential memorandum 
for the United States Trade Representative of July 21, 2005 (70 FR 
43251) from the day after this Order is received by the United States 
Trade Representative until such time as the United States Trade 
Representative notifies the Commission that this Order is approved or 
disapproved but, in any event, not later than 60 days after the date of 
receipt of this Order.
    (3) In accordance with 19 U.S.C. 1337(l), the provisions of this 
Order shall not apply to hydraulic excavators bearing the asserted 
trademarks that are imported by and for the use of the United States, 
or imported for, and to be used for, the United States with the 
authorization or consent of the Government.
    (4) Complainant Caterpillar Inc. shall file a written statement 
with the Commission, made under oath, each year on the anniversary of 
the issuance of this Order stating whether Caterpillar Inc. continues 
to use each of the aforesaid trademarks in commerce in the United 
States in connection with hydraulic excavators, whether any of the 
aforesaid trademarks has been abandoned, canceled, or rendered invalid 
or unenforceable, and whether Caterpillar Inc. continues to satisfy the 
economic requirements of section 337(a)(2).
    (5) The Commission may modify this Order in accordance with the 
procedures described in section 210.76 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.76).
    (6) The Secretary shall serve copies of this Order upon each party 
of record in this investigation and upon the Department of Health and 
Human Services, the Department of Justice, the Federal Trade 
Commission, and the U.S. Customs and Border Protection.
    (7) Notice of this Order shall be published in the Federal 
Register.
    (8) At the discretion of U.S. Customs and Border Protection 
(``CBP'') and pursuant to procedures it establishes, persons seeking to 
import hydraulic excavators that are potentially subject to this Order 
may be required to certify that they are familiar with the terms of 
this Order, that they have made appropriate inquiry, and thereupon 
state that, to the best of their knowledge and belief, the products 
being imported are not excluded from entry under paragraphs 1 through 7 
of this Order. At its discretion, Customs may require persons who have 
provided the certification described in this paragraph to furnish such 
records or analyses as are necessary to substantiate the certification.

    By Order of the Commission.

    Issued: January 14, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-1092 Filed 1-21-09; 8:45 am]
BILLING CODE 7020-02-P