In the Matter of Certain R-134a Coolant (Otherwise Known as 1,1,1,2-Tetrafluoroethane); Enforcement Proceeding; Order, 8106-8107 [E9-3803]

Download as PDF 8106 Federal Register / Vol. 74, No. 34 / Monday, February 23, 2009 / Notices through self completed surveys. No automated data collection will be used. Responding is voluntary. Description of respondents: Visitors to Glacier National Park who visit between July 1, 2009, and August 31, 2009. Estimated average number of respondents: We will contact 550 individuals stratified by weekend and weekday periods and expect 495, or 90 percent, to agree to respond. Estimated average number of responses: We expect to collect 495 completed surveys. Estimated average time burden per respondent: 1 minute for nonrespondents and 5 minutes for respondents. Frequency of Response: 1 time per respondent. Estimated total annual reporting burden: 50 hours per year. Comments are invited on: (1) The practical utility of the information being gathered; (2) the accuracy of the burden hour estimate; (3) ways to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information technology. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: February 11, 2009. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. E9–3789 Filed 2–20–09; 8:45 am] DATES: The public meetings will be held on April 23, 2009 and September 10, 2009 from 7 p.m. to 9 p.m. Location: The meetings will be held at the Ford Education Center, 1195 Baltimore Pike, Gettysburg, Pennsylvania 17325. Agenda: The April 23, 2009 and September 10, 2009 meetings will consist of the Sub-Committee Reports from the Historical, Executive, and Interpretive Committees; Federal Consistency Reports Within the Gettysburg Battlefield Historic District; Operational Updates on Park Activities, which consists of an update on the Gettysburg National Battlefield Museum Foundation and National Park Service activities related to the new Visitor Center/Museum Complex, updates on the Wills House and Train Station; Transportation which consists of the National Park Service and the Gettysburg Borough working on the Shuttle System; Update on Land Acquisition within the park boundary or in the historic district; and the Citizens Open Forum where the public can make comments and ask questions on any park activity. FOR FURTHER INFORMATION CONTACT: John A. Latschar, Superintendent, Gettysburg National Military Park, 97 Taneytown Road, Gettysburg, Pennsylvania 17325. SUPPLEMENTARY INFORMATION: The meeting will be open to the public. Any member of the public may file with the Commission a written statement concerning agenda items. The statement should be addressed to the Gettysburg National Military Park Advisory Commission, 1195 Baltimore Pike, Suite 100, Gettysburg, Pennsylvania 17325. Dated: January 30, 2009. John A. Latschar, Superintendent, Gettysburg NMP/Eisenhower NHS. [FR Doc. E9–3775 Filed 2–20–09; 8:45 am] BILLING CODE 4310–70–P BILLING CODE 4310–70–P DEPARTMENT OF THE INTERIOR INTERNATIONAL TRADE COMMISSION National Park Service [Investigation No. 337–TA–623] Gettysburg National Military Park Advisory Commission In the Matter of Certain R–134a Coolant (Otherwise Known as 1,1,1,2– Tetrafluoroethane); Enforcement Proceeding; Order National Park Service. Notice of two meetings to be held on April 23, 2009 and September 10, 2009. AGENCY: jlentini on PROD1PC65 with NOTICES ACTION: SUMMARY: This notice sets forth the dates of April 23, 2009 and September 10, 2009 of the Gettysburg National Military Park Advisory Commission. VerDate Nov<24>2008 16:31 Feb 20, 2009 Jkt 217001 The Commission instituted this investigation on December 31, 2007, based on a complaint filed by INEOS Fluor Holdings Ltd., INEOS Fluor Ltd., and INEOS Fluor Americas L.L.C. (‘‘INEOS’’). The complaint alleged violations of section 337 of the Tariff PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain R–134a coolant (otherwise known as 1,1,1,2–tetrafluoroethane) by reason of infringement of various claims of United States Patent No. 5,744,658. Complainants subsequently added allegations of infringement with regard to United States Patent Nos. 5,382,722 and 5,559,276. The complaint named two respondents, Sinochem Modern Environmental Protection Chemicals (Xi’an) Co., Ltd. and Sinochem Ningbo Ltd. Two additional respondents were subsequently added: Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd. and Sinochem (U.S.A.) Inc. On August 18, 2008, respondents moved for partial termination of the investigation based on the entry of a consent order specific to respondents’ ‘‘old’’ process. On August 20, 2008, the administrative law judge (‘‘ALJ’’) issued an initial determination (‘‘ID’’) granting the motion and terminating the investigation with respect to the ‘‘old’’ process. On September 11, 2008, the Commission issued notice of its decision not to review the ID and issued the subject consent order. On December 12, 2008, INEOS filed a complaint, requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75 to investigate an alleged violation of the consent order relating to the ‘‘old’’ process. The complaint named a single respondent, Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. (‘‘Sinochem (Taicang)’’). Having examined INEOS’s complaint seeking a formal enforcement proceeding and having found that the complaint complies with the requirements for institution of formal enforcement proceedings in accordance with Commission Rule 210.75, the Commission has determined to institute a formal enforcement proceeding to determine whether Sinochem (Taicang) is in violation of the Commission’s consent order in the above-captioned investigation, and what, if any, enforcement measures are appropriate. Accordingly, the Commission hereby orders that: 1. Pursuant to Commission Rule 210.75(b), 19 CFR 210.75(b), a formal enforcement proceeding is instituted to determine whether Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. is in violation of the Commission’s consent order issued in the above-captioned investigation, and E:\FR\FM\23FEN1.SGM 23FEN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 74, No. 34 / Monday, February 23, 2009 / Notices what if any enforcement measures are appropriate. 2. For purposes of the enforcement proceeding so instituted, the following are parties to the proceeding: Complainants: INEOS Fluor Holdings Ltd., The Heath, Runcorn, Cheshire, WA74QX, United Kingdom; INEOS Fluor Ltd., The Heath, Runcorn, Cheshire, WA74QX, United Kingdom; INEOS Fluor Americas L.L.C., 4990 B IC1 Road, St. Gabriel, LA 70776. Respondent: Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd., South Binjiang Road, Petrochemical Industrial Section, Taicang Port Development Zone, Taicang, Jiangsu 215433, China. A Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. 3. The formal enforcement proceeding is hereby certified to the chief ALJ, Chief Judge Paul J. Luckern, who shall designate a presiding ALJ for this proceeding for issuance of an enforcement initial determination (‘‘EID’’). The presiding ALJ is directed to set a target date for completion of these proceedings within forty-five (45) days of institution in accordance with 19 CFR 210.51(a). 4. The presiding ALJ, in his discretion, may conduct any proceedings he deems necessary, including issuing a protective order, holding hearings, taking evidence, and ordering discovery consistent with Commission rules to issue his EID. The EID will rule on the question of whether Sinochem (Taicang) has violated the September 11, 2008 consent order issued in the above-captioned investigation. All defenses not barred by claim preclusion may be raised in this proceeding. The presiding ALJ shall also recommend to the Commission what enforcement measures are appropriate if Sinochem (Taicang) is found to violate the Commission’s consent order. The presiding ALJ, in his discretion, may also conduct any proceedings he deems necessary, including taking evidence and ordering discovery, to issue his recommendations on appropriate enforcement measures. 5. Petitions for review of the EID may be filed within fourteen (14) days of service of the EID. Responses to any petitions for review may be filed within seven (7) days of service of any petitions for review. 6. Notwithstanding Commission Rule 210.75(b)(3), the EID shall become the Commission’s final determination sixty (60) days after service of the EID, unless VerDate Nov<24>2008 16:31 Feb 20, 2009 Jkt 217001 the Commission orders review or changes the deadline for determining whether to review it. 7. The Secretary shall: (a) Docket INEOS’s complaint for a formal enforcement proceeding; (b) Serve a copy of INEOS’s ‘‘Complaint to Enforce Consent Order Pursuant to Commission Rule 210.75’’ on the proposed respondent and advise Sinochem (Taicang) of the provisions of Commission Rule 210.75 concerning responses to a request for a formal enforcement proceeding; (c) Serve a copy of this order upon each party to the formal enforcement proceeding; (d) Publish notice of this order in the Federal Register. By Order of the Commission. Issued: February 18, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–3803 Filed 2–20–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. Singapore FTA–103–22] Certain Yarns and Fabrics FY 2009: Effect of Modification of U.S.Singapore Free Trade Agreement Rules of Origin AGENCY: United States International Trade Commission. ACTION: Institution of investigation. SUMMARY: Following receipt of a request on January 28, 2009, from the Office of the United States Trade Representative (USTR) under authority delegated by the President and pursuant to section 103 of the United States-Singapore Free Trade Agreement (USSFTA) Implementation Act, the U.S. International Trade Commission (Commission) instituted investigation No. Singapore FTA–103– 22, Certain Yarns and Fabrics FY 2009: Effect of Modification of U.S.-Singapore Free Trade Agreement Rules of Origin. DATES: May 19, 2009: Deadline for filing all written submissions. On or before August 28, 2009: Transmittal of report to the USTR. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. The public record for this investigation may be PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 8107 viewed on the Commission’s electronic docket (EDIS) at https://www.usitc.gov/ secretary/edis.htm. FOR FURTHER INFORMATION CONTACT: Project Leaders Jackie Jones (202–205– 3466 or jackie.jones@usitc.gov) or Laura V. Rodriguez (202–205–3499 or laura.rodriguez@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). 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. Background: Chapter 3 and Annex 3A of the U.S.-Singapore FTA set out rules of origin for textiles and apparel for applying the tariff provisions of the USSFTA. These rules are reflected in General Note 25 of the Harmonized Tariff Schedule (HTS). According to the request letter from USTR, U.S. negotiators have recently reached agreement in principle with representatives of the Government of Singapore to modify the USSFTA rules of origin for certain yarns and fabrics because it has been determined that producers in the United States and Singapore are not able to manufacture these products in commercial quantities in a timely manner. The products covered by this request are listed in the appendix that follows. Section 203(o)(2)(B)(i) of the United States-Singapore Free Trade Agreement Implementation Act (the Act) authorizes the President, subject to the consultation and layover requirements of section 103 of the Act, to proclaim such modifications to the rules of origin as are necessary to implement an agreement with Singapore pursuant to Article 3.18.4(c) of the Agreement. One of the requirements set out in section 103 of the Act is that the President obtain advice regarding the proposed action from the Commission. The request letter asks that the Commission provide advice on the probable effect of the proposed modification of the USSFTA rules of origin described above E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Notices]
[Pages 8106-8107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3803]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-623]


In the Matter of Certain R-134a Coolant (Otherwise Known as 
1,1,1,2-Tetrafluoroethane); Enforcement Proceeding; Order

    The Commission instituted this investigation on December 31, 2007, 
based on a complaint filed by INEOS Fluor Holdings Ltd., INEOS Fluor 
Ltd., and INEOS Fluor Americas L.L.C. (``INEOS''). The complaint 
alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain R-134a coolant (otherwise known as 1,1,1,2-tetrafluoroethane) 
by reason of infringement of various claims of United States Patent No. 
5,744,658. Complainants subsequently added allegations of infringement 
with regard to United States Patent Nos. 5,382,722 and 5,559,276. The 
complaint named two respondents, Sinochem Modern Environmental 
Protection Chemicals (Xi'an) Co., Ltd. and Sinochem Ningbo Ltd. Two 
additional respondents were subsequently added: Sinochem Environmental 
Protection Chemicals (Taicang) Co., Ltd. and Sinochem (U.S.A.) Inc.
    On August 18, 2008, respondents moved for partial termination of 
the investigation based on the entry of a consent order specific to 
respondents' ``old'' process. On August 20, 2008, the administrative 
law judge (``ALJ'') issued an initial determination (``ID'') granting 
the motion and terminating the investigation with respect to the 
``old'' process. On September 11, 2008, the Commission issued notice of 
its decision not to review the ID and issued the subject consent order.
    On December 12, 2008, INEOS filed a complaint, requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate an alleged violation of the consent order 
relating to the ``old'' process. The complaint named a single 
respondent, Sinochem Environmental Protection Chemicals (Taicang) Co. 
Ltd. (``Sinochem (Taicang)'').
    Having examined INEOS's complaint seeking a formal enforcement 
proceeding and having found that the complaint complies with the 
requirements for institution of formal enforcement proceedings in 
accordance with Commission Rule 210.75, the Commission has determined 
to institute a formal enforcement proceeding to determine whether 
Sinochem (Taicang) is in violation of the Commission's consent order in 
the above-captioned investigation, and what, if any, enforcement 
measures are appropriate.
    Accordingly, the Commission hereby orders that:
    1. Pursuant to Commission Rule 210.75(b), 19 CFR 210.75(b), a 
formal enforcement proceeding is instituted to determine whether 
Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. is in 
violation of the Commission's consent order issued in the above-
captioned investigation, and

[[Page 8107]]

what if any enforcement measures are appropriate.
    2. For purposes of the enforcement proceeding so instituted, the 
following are parties to the proceeding:
    Complainants:

INEOS Fluor Holdings Ltd., The Heath, Runcorn, Cheshire, WA74QX, United 
Kingdom;
INEOS Fluor Ltd., The Heath, Runcorn, Cheshire, WA74QX, United Kingdom;
INEOS Fluor Americas L.L.C., 4990 B IC1 Road, St. Gabriel, LA 70776.

    Respondent:

Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd., South 
Binjiang Road, Petrochemical Industrial Section, Taicang Port 
Development Zone, Taicang, Jiangsu 215433, China.

    A Commission investigative attorney to be designated by the 
Director, Office of Unfair Import Investigations.
    3. The formal enforcement proceeding is hereby certified to the 
chief ALJ, Chief Judge Paul J. Luckern, who shall designate a presiding 
ALJ for this proceeding for issuance of an enforcement initial 
determination (``EID''). The presiding ALJ is directed to set a target 
date for completion of these proceedings within forty-five (45) days of 
institution in accordance with 19 CFR 210.51(a).
    4. The presiding ALJ, in his discretion, may conduct any 
proceedings he deems necessary, including issuing a protective order, 
holding hearings, taking evidence, and ordering discovery consistent 
with Commission rules to issue his EID. The EID will rule on the 
question of whether Sinochem (Taicang) has violated the September 11, 
2008 consent order issued in the above-captioned investigation. All 
defenses not barred by claim preclusion may be raised in this 
proceeding. The presiding ALJ shall also recommend to the Commission 
what enforcement measures are appropriate if Sinochem (Taicang) is 
found to violate the Commission's consent order. The presiding ALJ, in 
his discretion, may also conduct any proceedings he deems necessary, 
including taking evidence and ordering discovery, to issue his 
recommendations on appropriate enforcement measures.
    5. Petitions for review of the EID may be filed within fourteen 
(14) days of service of the EID. Responses to any petitions for review 
may be filed within seven (7) days of service of any petitions for 
review.
    6. Notwithstanding Commission Rule 210.75(b)(3), the EID shall 
become the Commission's final determination sixty (60) days after 
service of the EID, unless the Commission orders review or changes the 
deadline for determining whether to review it.
    7. The Secretary shall:
    (a) Docket INEOS's complaint for a formal enforcement proceeding;
    (b) Serve a copy of INEOS's ``Complaint to Enforce Consent Order 
Pursuant to Commission Rule 210.75'' on the proposed respondent and 
advise Sinochem (Taicang) of the provisions of Commission Rule 210.75 
concerning responses to a request for a formal enforcement proceeding;
    (c) Serve a copy of this order upon each party to the formal 
enforcement proceeding;
    (d) Publish notice of this order in the Federal Register.

    By Order of the Commission.

    Issued: February 18, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-3803 Filed 2-20-09; 8:45 am]
BILLING CODE 7020-02-P
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