In the Matter of Certain Power Supply Controllers and Products Containing Same; Limited Exclusion Order, 9635-9636 [E9-4704]

Download as PDF Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices automated collection techniques or other forms of information technology. We will summarize all comments received regarding this notice. We will publish that summary in the Federal Register when the information collection request is submitted to OMB for review and approval. Before including your address, telephone 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 18, 2009. Roseann Gonzales, Policy and Program Services, Denver Office. [FR Doc. E9–4730 Filed 3–4–09; 8:45 am] BILLING CODE 4310–MN–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Notice of Proposed Information Collection for 1029–0035 Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for the title described below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and its expected burden and cost. DATES: OMB has up to 60 days to approve or disapprove the information collections but may respond after 30 days. Therefore, public comments should be submitted to OMB by April 6, 2009, in order to be assured of consideration. SUMMARY: Please send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, Department of the Interior Desk Officer, via e-mail at OIRA_Docket@omb.eop.gov, or by facsimile to (202) 395–6566. Also, please send a copy of your comments to the Information Collection Clearance jlentini on PROD1PC65 with NOTICES ADDRESSES: VerDate Nov<24>2008 16:49 Mar 04, 2009 Jkt 217001 Officer, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave, NW., Room 202–SIB, Washington, DC 20240, or electronically to jtrelease@osmre.gov. Please reference 1029–0035 in your correspondence. FOR FURTHER INFORMATION CONTACT: To receive a copy of the information collection request contact John A. Trelease at (202) 208–2783. You may also contact Mr. Trelease at jtrelease@osmre.gov. The Office of Management and Budget (OMB) regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8(d)]. OSM has submitted a request to OMB to renew and consolidate its approval for the collections of information found at 30 CFR Part 779 and 30 CFR Part 783, Surface and Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources. Once approved by OMB, OSM will discontinue the collection number 1029–0038, currently assigned to 30 CFR Part 783. OSM is requesting a 3year term of approval for this information collection activity. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1029–0035. As required under 5 CFR 1320.8(d), a Federal Register notice soliciting comments on this collection of information was published on December 15, 2008 (73 FR 76056). No comments were received. This notice provides the public with an additional 30 days in which to comment on the following information collection activity: Title: 30 CFR Parts 779 and 783— Surface and Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources. OMB Control Number: 1029–0035. Summary: Applicants for surface and underground coal mining permits are required to provide adequate descriptions of the environmental resources that may be affected by proposed underground coal mining activities. Bureau Form Number: None. Frequency of Collection: Once, at time of application submission. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 9635 Description of Respondents: 314 surface and underground coal mining applicants and 24 State regulatory authorities. Total Annual Responses: 314 coal mining applications and 309 State responses. Total Annual Burden Hours: 240,444 hours. Send comments on the need for the collections of information for the performance of the functions of the agency; the accuracy of the agency’s burden estimates; ways to enhance the quality, utility and clarity of the information collections; and ways to minimize the information collection burdens on respondents, such as use of automated means of collections of the information, to the addresses listed under ADDRESSES. Please refer to 1029– 0035 in all correspondence. 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 25, 2009. John A. Trelease, Acting Chief, Division of Regulatory Support. [FR Doc. E9–4499 Filed 3–4–09; 8:45 am] BILLING CODE 4310–05–M INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–541] In the Matter of Certain Power Supply Controllers and Products Containing Same; Limited Exclusion Order On June 13, 2005, the Commission instituted this investigation, based on a complaint filed by Power Integrations, Inc. (‘‘PI’’) of San Jose, California. 70 FR. 34149 (June 13, 2005). The complaint, as amended and supplemented, 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 power supply controllers and products containing the same. The Commission determined that System General Corporation (‘‘SG’’) of Taipei, Taiwan, violated section 337 by reason of infringement of claims 1, 3, 5, and 6 of United States Patent No. 6,351,398 (‘‘the ‘398 patent’’) and claims 26 and 27 E:\FR\FM\05MRN1.SGM 05MRN1 jlentini on PROD1PC65 with NOTICES 9636 Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices of United States Patent No. 6,538,908 (‘‘the ‘908 patent’’). On October 27, 2008, SG filed a petition for modification of the limited exclusion order in light of Kyocera Wireless Corp. v. Int’l Trade Comm’n, 545 F.3d 1340 (Fed. Cir. 2008), requesting that the Commission modify the existing exclusion order so it does not exclude downstream products of non-respondents. On November 7, 2008, complainant PI filed an opposition to SG’s petition for modification. On the same day, the Commission IA filed a response supporting SG’s petition. Finally, on November 26, 2008, SG moved for leave to file a reply in support of its petition and also filed the reply. Having reviewed the record in this investigation, including the written submissions of the parties, the Commission has made its determination on the petition for modification. The Commission has determined that the appropriate form of relief is a limited exclusion order prohibiting the unlicensed entry of power supply controllers that infringe one or more of claims 1, 3, 5, and 6 of the ‘398 patent or claims 26 and 27 of the ‘908 patent and that are manufactured abroad by or on behalf of, or imported by or on behalf of, SG, its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns. The Commission has also determined to prohibit the unlicensed entry of liquid crystal display (‘‘LCD’’) computer monitors, AC printer adapters, and sample/ demonstration boards containing such infringing power supply controllers that are manufactured abroad by or on behalf of, or imported by or on behalf of, SG, its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns. The Commission has further determined that the public interest factors enumerated in 19 U.S.C. 1337(d)(1) do not preclude issuance of the limited exclusion order. Accordingly, the Commission hereby orders that: 1. Power supply controllers that infringe one or more of claims 1, 3, 5, and 6 of United States Patent No. 6,351,398 and that are manufactured abroad by or on behalf of, or imported by or on behalf of, SG, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, and LCD computer monitors, AC printer adapters, and sample/demonstration boards that contain such infringing power supply controllers and that are VerDate Nov<24>2008 16:49 Mar 04, 2009 Jkt 217001 manufactured abroad by or on behalf of, or imported by or on behalf of, SG, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, are excluded from entry for consumption into the United States, entry for consumption from a foreigntrade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, except under license of the patent owner or as provided by law. 2. Power supply controllers that infringe one or more of claims 26 and 27 of United States Patent No. 6,538,908 and that are manufactured abroad by or on behalf of, or imported by or on behalf of, SG, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, and LCD computer monitors, AC printer adapters, and sample/ demonstration boards that contain such infringing power supply controllers and that are manufactured abroad by or on behalf of, or imported by or on behalf of, SG, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, are excluded from entry for consumption into the United States, entry for consumption from a foreigntrade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, except under license of the patent owner or as provided by law. 3. In accordance with PI’s withdrawal of infringement allegations against certain of SG’s products, the provisions of this Order shall not apply to SG’s power supply controllers SG6105, SG68501, SG68502, SG38xx, SG5841, SG5848, SG6842J w/HV Start, SG6846, SG6846A, SG6848, SG6848x, SG6849, SG6850, and SG69xx. 4. When the United States Bureau of Customs and Border Protection (‘‘Customs’’) is unable to determine by inspection whether power supply controllers, LCD computer monitors, AC printer adapters, or sample/ demonstration boards fall within the scope of this Order, it may, in its discretion, accept a certification, pursuant to procedures specified and deemed necessary by Customs, from persons seeking to import said products 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 or 2 of this Order. At its discretion, Customs may require persons who have provided the certification described in this paragraph PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 to furnish such records or analyses as are necessary to substantiate the certification. 5. In accordance with 19 U.S.C. 1337(l), the provisions of this Order shall not apply to power supply controllers, LCD computer monitors, AC printer adapters, or sample/ demonstration boards containing the same 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. 6. 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. 7. 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 Bureau of Customs and Border Protection. 8. Notice of this Order shall be published in the Federal Register. By Order of the Commission. Issued: February 27, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–4704 Filed 3–4–09; 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 February 25, 2009, a Consent Decree in United States v. Valley-Proctor LLC, Civil Action No. 09–cv–1331 AHM(AJW)x, was lodged with the United States District Court for the Central District of California. The Consent Decree resolves claims brought by the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), and the California Department of Toxic Substances Control (‘‘DTSC’’) under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607, et seq. related to the releases and threatened releases of hazardous substances at the Puente Valley Operable Unit of the San Gabriel Valley Area 4 Superfund Site (‘‘Site’’) in Los Angeles County, California. The proposed Consent Decree requires Defendant to pay the United E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 74, Number 42 (Thursday, March 5, 2009)]
[Notices]
[Pages 9635-9636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4704]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-541]


 In the Matter of Certain Power Supply Controllers and Products 
Containing Same; Limited Exclusion Order

    On June 13, 2005, the Commission instituted this investigation, 
based on a complaint filed by Power Integrations, Inc. (``PI'') of San 
Jose, California. 70 FR. 34149 (June 13, 2005). The complaint, as 
amended and supplemented, 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 power supply controllers and products 
containing the same. The Commission determined that System General 
Corporation (``SG'') of Taipei, Taiwan, violated section 337 by reason 
of infringement of claims 1, 3, 5, and 6 of United States Patent No. 
6,351,398 (``the `398 patent'') and claims 26 and 27

[[Page 9636]]

of United States Patent No. 6,538,908 (``the `908 patent'').
    On October 27, 2008, SG filed a petition for modification of the 
limited exclusion order in light of Kyocera Wireless Corp. v. Int'l 
Trade Comm'n, 545 F.3d 1340 (Fed. Cir. 2008), requesting that the 
Commission modify the existing exclusion order so it does not exclude 
downstream products of non-respondents. On November 7, 2008, 
complainant PI filed an opposition to SG's petition for modification. 
On the same day, the Commission IA filed a response supporting SG's 
petition. Finally, on November 26, 2008, SG moved for leave to file a 
reply in support of its petition and also filed the reply.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission has made its 
determination on the petition for modification. The Commission has 
determined that the appropriate form of relief is a limited exclusion 
order prohibiting the unlicensed entry of power supply controllers that 
infringe one or more of claims 1, 3, 5, and 6 of the `398 patent or 
claims 26 and 27 of the `908 patent and that are manufactured abroad by 
or on behalf of, or imported by or on behalf of, SG, its affiliated 
companies, parents, subsidiaries, licensees, contractors, or other 
related business entities, or successors or assigns. The Commission has 
also determined to prohibit the unlicensed entry of liquid crystal 
display (``LCD'') computer monitors, AC printer adapters, and sample/
demonstration boards containing such infringing power supply 
controllers that are manufactured abroad by or on behalf of, or 
imported by or on behalf of, SG, its affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or successors or assigns.
    The Commission has further determined that the public interest 
factors enumerated in 19 U.S.C. 1337(d)(1) do not preclude issuance of 
the limited exclusion order.
    Accordingly, the Commission hereby orders that:
    1. Power supply controllers that infringe one or more of claims 1, 
3, 5, and 6 of United States Patent No. 6,351,398 and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
SG, or any of its affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns, and LCD 
computer monitors, AC printer adapters, and sample/demonstration boards 
that contain such infringing power supply controllers and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
SG, or any of its affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns, are excluded 
from entry for consumption into the United States, entry for 
consumption from a foreign-trade zone, or withdrawal from a warehouse 
for consumption, for the remaining term of the patent, except under 
license of the patent owner or as provided by law.
    2. Power supply controllers that infringe one or more of claims 26 
and 27 of United States Patent No. 6,538,908 and that are manufactured 
abroad by or on behalf of, or imported by or on behalf of, SG, or any 
of its affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns, and LCD computer 
monitors, AC printer adapters, and sample/demonstration boards that 
contain such infringing power supply controllers and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
SG, or any of its affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns, are excluded 
from entry for consumption into the United States, entry for 
consumption from a foreign-trade zone, or withdrawal from a warehouse 
for consumption, for the remaining term of the patent, except under 
license of the patent owner or as provided by law.
    3. In accordance with PI's withdrawal of infringement allegations 
against certain of SG's products, the provisions of this Order shall 
not apply to SG's power supply controllers SG6105, SG68501, SG68502, 
SG38xx, SG5841, SG5848, SG6842J w/HV Start, SG6846, SG6846A, SG6848, 
SG6848x, SG6849, SG6850, and SG69xx.
    4. When the United States Bureau of Customs and Border Protection 
(``Customs'') is unable to determine by inspection whether power supply 
controllers, LCD computer monitors, AC printer adapters, or sample/
demonstration boards fall within the scope of this Order, it may, in 
its discretion, accept a certification, pursuant to procedures 
specified and deemed necessary by Customs, from persons seeking to 
import said products 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 or 2 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.
    5. In accordance with 19 U.S.C. 1337(l), the provisions of this 
Order shall not apply to power supply controllers, LCD computer 
monitors, AC printer adapters, or sample/demonstration boards 
containing the same 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.
    6. 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.
    7. 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 Bureau of Customs and Border Protection.
    8. Notice of this Order shall be published in the Federal Register.

    By Order of the Commission.

    Issued: February 27, 2009.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-4704 Filed 3-4-09; 8:45 am]
BILLING CODE 7020-02-P