In the Matter of Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on a Consent Order, 39969 [E9-19021]

Download as PDF Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices (‘‘IA’’) and Ineos opposed Sinochem’s petition. On June 1, 2009, the Commission determined to review the RID in its entirety and requested briefing on certain questions. The Commission determined to extend the target date to August 3, 2009, to accommodate its review. Having examined the record of this investigation, including the ALJ’s RID and the submissions of the parties, the Commission has determined to reverse the conclusion of nonobviousness of claim 1 of the ‘276 patent in the RID. In so finding, the Commission has determined to rely on certain party admissions and other evidence as to the state of the prior art. The Commission majority has determined to take no position on the RID’s conclusions relating to obviousness arguments based on prior art references identified in the Commission’s remand instructions, including the RID’s conclusions on whether arguments as to those references have been waived. The Commission has also determined not to rely on the RID’s conclusions as to anticipation and waiver of anticipation arguments. The Commission has further determined to deny Sinochem’s motion to strike portions of Ineos’s response to its written submission and for leave to file a reply to that submission. The Commission has determined also to deny Sinochem’s motion to conform pleadings to evidence taken. These findings terminate the Commission’s investigation. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Rule 210.45 of the Commission’s Rules of Practice and Procedure (19 CFR Part 210.45). By order of the Commission. Issued: August 4, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–19015 Filed 8–7–09; 8:45 am] rmajette on DSK29S0YB1PROD with NOTICES BILLING CODE 7020–02–P VerDate Nov<24>2008 15:09 Aug 07, 2009 Jkt 217001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–676] In the Matter of Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on a Consent Order AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 8) granting the joint motion of complainant Lutron Electronics Co., Inc. (‘‘Lutron’’) and respondent Universal Smart Electric Corp. (‘‘Universal’’) to terminate the investigation based on a consent order. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. 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 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. 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 May 11, 2009, based on a complaint filed by Lutron of Coopersburg, Pennsylvania. 74 FR 21820 (May 11, 2009). The complaint alleges 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 lighting control devices including dimmer switches and parts thereof by reason of infringement of United States Patent Nos. 5,637,930 and 5,248,919 as well as U.S. Trademark PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 39969 Registration No. 3,061,804. The complaint named Universal of Irvine, California as the sole respondent. On July 8, 2009, Universal and Lutron jointly filed a motion pursuant to Commission rule 210.21(c) (19 CFR 210.21(c)) for termination of the investigation based on a consent order. The Commission investigative attorney supported the motion. On July 14, 2009, the ALJ issued the subject ID granting the joint motion to terminate. The ALJ found that the consent order stipulation submitted with the joint motion complied with the requirements of Commission rule 210.21 (19 CFR 210.21). The ALJ also concluded that there is no evidence that termination of this investigation would be contrary to the public interest. No petitions for review of this ID were filed. Having examined the record of this investigation, the Commission has determined not to review the ID. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). Issued: August 4, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–19021 Filed 8–7–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–468 and 731– TA–1166–1167 (Preliminary)] Certain Magnesia Carbon Bricks From China and Mexico AGENCY: United States International Trade Commission. ACTION: Institution of antidumping and countervailing duty investigations and scheduling of preliminary phase investigations. SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701–TA–468 (Preliminary) and antidumping duty investigation Nos. 731–TA–1166–1167 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Page 39969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19021]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-676]


 In the Matter of Certain Lighting Control Devices Including 
Dimmer Switches and Parts Thereof; Notice of Commission Decision Not To 
Review an Initial Determination Terminating the Investigation Based on 
a Consent Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8) 
granting the joint motion of complainant Lutron Electronics Co., Inc. 
(``Lutron'') and respondent Universal Smart Electric Corp. 
(``Universal'') to terminate the investigation based on a consent 
order.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. 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 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. 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 May 11, 2009, based on a complaint filed by Lutron of Coopersburg, 
Pennsylvania. 74 FR 21820 (May 11, 2009). The complaint alleges 
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 lighting 
control devices including dimmer switches and parts thereof by reason 
of infringement of United States Patent Nos. 5,637,930 and 5,248,919 as 
well as U.S. Trademark Registration No. 3,061,804. The complaint named 
Universal of Irvine, California as the sole respondent.
    On July 8, 2009, Universal and Lutron jointly filed a motion 
pursuant to Commission rule 210.21(c) (19 CFR 210.21(c)) for 
termination of the investigation based on a consent order. The 
Commission investigative attorney supported the motion.
    On July 14, 2009, the ALJ issued the subject ID granting the joint 
motion to terminate. The ALJ found that the consent order stipulation 
submitted with the joint motion complied with the requirements of 
Commission rule 210.21 (19 CFR 210.21). The ALJ also concluded that 
there is no evidence that termination of this investigation would be 
contrary to the public interest. No petitions for review of this ID 
were filed.
    Having examined the record of this investigation, the Commission 
has determined not to review the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

     Issued: August 4, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-19021 Filed 8-7-09; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.