In the Matter of Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same; Enforcement Proceeding; Notice of Institution of Formal Enforcement Proceeding, 46793-46794 [E9-21901]

Download as PDF Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices Information concerning the sale, appraisals, reservations, procedures and conditions, CERCLA and other environmental documents will be available for review at the LVFO, or by calling (702) 515–5000 and asking to speak to a member of the sales team. Most of this information will also be available on the Internet at https:// www.propertydisposal.gsa.gov. Only written comments submitted by postal service or overnight mail will be considered properly filed. Electronic mail, facsimile or telephone comments will not be considered as properly filed. 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. Any adverse comments regarding the proposed sale will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action. In the absence of any valid adverse comments, this realty action will become the final determination of the Department of the Interior. Authority: 43 CFR 2711. Kimber Liebhauser, Assistant Field Manager, Division of Lands. [FR Doc. E9–21929 Filed 9–10–09; 8:45 am] BILLING CODE 4310–HC–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–617] In the Matter of Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same; Enforcement Proceeding; Notice of Institution of Formal Enforcement Proceeding cprice-sewell on DSKGBLS3C1PROD with NOTICES AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the limited exclusion order and cease and desist orders issued at the conclusion of the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade VerDate Nov<24>2008 15:23 Sep 10, 2009 Jkt 217001 Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. Copies of all nonconfidential 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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 15, 2007, based on a complaint filed by Funai Electric Co., Ltd. of Japan and Funai Corporation of Rutherford, New Jersey (collectively ‘‘Funai’’) against several respondents including Vizio, Inc. of Irvine, California (‘‘Vizio’’); AmTran Technology Co., Ltd. of Taiwan (‘‘AmTran’’); Syntax-Brillian Corporation of Tempe, Arizona (‘‘SBC’’); Taiwan Kolin Co., Ltd. of Taiwan (‘‘Taiwan Kolin’’); Proview International Holdings, Ltd. of Hong Kong (‘‘Proview International’’); Proview Technology (Shenzhen) Co., Ltd. of China (‘‘Proview Shenzhen’’); Proview Technology, Ltd. of Garden Grove, California (‘‘Proview Technology’’); TPV Technology, Ltd. of Hong Kong (‘‘TPV Technology’’); TPV International (USA), Inc. of Austin, Texas (‘‘TPV USA’’); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan (‘‘Top Victory Electronics’’); and Envision Peripherals, Inc. of Fremont, California (‘‘Envision’’), among others. 72 Fed. Reg. 64240 (2007). The complaint alleged violations of Section 337 of the Tariff Act of 1930, as amended, 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 digital televisions and certain products containing same by reason of infringement of one or more claims of U.S. Patent Nos. 6,115,074 (‘‘the ‘074 patent’’) and 5,329,369. On April 10, 2009, the Commission terminated this investigation with a finding of violation of Section 337 by reason of infringement of claim 1, 5, and 23 of the ‘074 patent. 74 FR 17511 (2009). The Commission determined that the appropriate form of relief is (1) PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 46793 a limited exclusion order under 19 U.S.C. * 1337(d)(1) prohibiting the unlicensed entry of certain digital televisions and certain products containing the same that infringe one or more of claims 1, 5, and 23 of the ‘074 patent, and are manufactured abroad by or on behalf of, or imported by or on behalf of, Vizio, AmTran, TPV Technology, TPV USA, Top Victory Electronics, Envision, Taiwan Kolin, SBC, Proview International, Proview Shenzhen, Proview Technology; and (2) cease and desist orders directed to Vizio, TPV USA, SBC, Proview Technology, and Envision. On August 14, 2009, Funai filed a complaint seeking enforcement proceedings under Commission Rule 210.75, 19 CFR 210.75. The complaint alleges that Vizio, AmTran, TPV Technology, TPV USA, Top Victory Electronics, Envision, Proview International, Proview Shenzhen, Proview Technology, Suzhou Raken Technology Ltd. of China (‘‘Suzhou’’), and Top Victory Investments, Ltd. of Hong Kong (‘‘Top Victory Investments’’) have violated the limited exclusion order and/or the cease and desist orders issued at the conclusion of the original investigation. Funai’s enforcement complaint also requests that the Commission seek temporary emergency action under Commission rule 210.77, 19 CFR 210.77, to modify its remedial orders to make express that all respondents’ ATSCcompliant digital televisions are presumed to infringe the ‘074 patent. The Commission has denied this request for temporary emergency action because the Commission does not have the information necessary to determine whether respondents are currently violating the Commission’s limited exclusion and cease and desist orders. Having examined the complaint seeking a formal enforcement proceeding, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, 19 CFR 210.75 the Commission has determined to institute a formal enforcement proceeding to determine whether the respondents are in violation of the Commission’s limited exclusion order and cease and desist orders issued in the investigation, and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainant Funai, (2) respondents Vizio, AmTran, TPV Technology, TPV USA, Top Victory Electronics, Envision, Proview International, Proview Shenzhen, E:\FR\FM\11SEN1.SGM 11SEN1 46794 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices Proview Technology, Suzhou, and Top Victory Investments; and (3) a Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. 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 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: September 4, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–21901 Filed 9–10–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE cprice-sewell on DSKGBLS3C1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on August 28, 2009, a proposed Consent Decree (‘‘Decree’’) in United States v. Charleswood, Inc., Civil Action No. 3:09–CV–00080 (RRE–KKK), was lodged with the United States District Court for the District of North Dakota, Southeastern Division. The case was brought under Section 402 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1342, and involves the applicable permits governing discharge of storm water from the Charleswood Development in West Fargo, North Dakota. The Consent Decree requires that Charleswood (1) achieve and maintain compliance with the CWA and its implementing regulations, including applicable permits; (2) pay a civil penalty of $37,500 to redress the company’s past violations of the CWA and its implementing regulations, including applicable permits; and (3) establish a compliance and oversight program that must be implemented by the company to reduce the discharge of storm water from the Charleswood Development. The United States filed a Complaint with the Consent Decree which alleges that Charleswood failed to comply with the conditions of two general permits issued to it under Section 402 of the Act, 33 U.S.C. 1342, relating to the Charleswood Development. The Consent Decree would resolve the claims against Charleswood as described in the Complaint. The ultimate entry of the Consent Decree by the District Court of North Dakota would end this litigation. The Department of Justice will receive for a period of thirty (30) days from the VerDate Nov<24>2008 15:23 Sep 10, 2009 Jkt 217001 date of this publication comments relating to the 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 Civil Action No. 3:09–CV–00080 (RRE–KKK), D.J. Ref. No. 90–5–1–1–08299. The Decree may be examined at the Office of the United States Attorney, District of North Dakota, 655 1 Ave. N., Suite 250, Fargo, North Dakota 58102. It also may be examined at the offices of U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. During the public comment period, the Decree may be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Decree 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 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 $13.00 (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. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–21907 Filed 9–10–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Notice of Initial Determination Updating the List of Products Requiring Federal Contractor Certification as to Forced/Indentured Child Labor Pursuant to Executive Order 13126 AGENCY: Bureau of International Labor Affairs, Labor. ACTION: Request for comments. SUMMARY: This initial determination proposes to update the list required by Executive Order No. 13126 (‘‘Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor’’), in accordance with the ‘‘Procedural Guidelines for the PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor.’’ This notice sets forth an updated list of products, by country of origin, which the Department of Labor preliminarily believes might have been mined, produced, or manufactured by forced or indentured child labor. The Department of Labor invites public comment on its initial determination as to products that appear on the updated list set forth in this notice. The Department will consider all public comments prior to publishing a final determination updating the list of products, made in consultation and cooperation with the Department of State, and the Department of Homeland Security. DATES: Information should be submitted to the Office of Child Labor, Forced Labor and Human Trafficking (OCFT) via one of the methods described below by 5 p.m., December 10, 2009. To Submit Information, or for Further Information, Contact: OCFT, Bureau of International Labor Affairs, U.S. Department of Labor at (202) 693–4843 (this is not a toll free number). Comments, identified as ‘‘Docket No. DOL–2009–0002,’’ may be submitted by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. The portal includes instructions for submitting comments. Parties submitting responses electronically are encouraged not to submit paper copies. • Facsimile (fax): OCFT at 202–693– 4830. • Mail, Express Delivery, Hand Delivery, and Messenger Service (2 copies): Charita Castro or Rachel Rigby at U.S. Department of Labor, OCFT, Bureau of International Labor Affairs, 200 Constitution Avenue, NW., Room S–5317, Washington, DC 20210. • E-mail: EO13126@dol.gov. SUPPLEMENTARY INFORMATION: I. Background Executive Order No. 13126 (EO 13126), which was published in the Federal Register on June 16, 1999 (64 FR 32383), declared that it was ‘‘the policy of the United States Government * * * that the executive agencies shall take appropriate actions to enforce the laws prohibiting the manufacture or importation of good, wares, articles, and merchandise mined, produced or manufactured wholly or in part by forced or indentured child labor.’’ Pursuant to the EO 13126, and following public notice and comment, the Department of Labor published in the January 18, 2001, Federal Register, a E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46793-46794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21901]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-617]


 In the Matter of Certain Digital Televisions and Certain 
Products Containing Same and Methods of Using Same; Enforcement 
Proceeding; Notice of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the limited exclusion order and cease and desist orders issued at the 
conclusion of the above-captioned investigation.

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 all 
nonconfidential 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 the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 15, 2007, based on a complaint filed by Funai Electric Co., 
Ltd. of Japan and Funai Corporation of Rutherford, New Jersey 
(collectively ``Funai'') against several respondents including Vizio, 
Inc. of Irvine, California (``Vizio''); AmTran Technology Co., Ltd. of 
Taiwan (``AmTran''); Syntax-Brillian Corporation of Tempe, Arizona 
(``SBC''); Taiwan Kolin Co., Ltd. of Taiwan (``Taiwan Kolin''); Proview 
International Holdings, Ltd. of Hong Kong (``Proview International''); 
Proview Technology (Shenzhen) Co., Ltd. of China (``Proview 
Shenzhen''); Proview Technology, Ltd. of Garden Grove, California 
(``Proview Technology''); TPV Technology, Ltd. of Hong Kong (``TPV 
Technology''); TPV International (USA), Inc. of Austin, Texas (``TPV 
USA''); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan (``Top 
Victory Electronics''); and Envision Peripherals, Inc. of Fremont, 
California (``Envision''), among others. 72 Fed. Reg. 64240 (2007). The 
complaint alleged violations of Section 337 of the Tariff Act of 1930, 
as amended, 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 digital televisions and certain products 
containing same by reason of infringement of one or more claims of U.S. 
Patent Nos. 6,115,074 (``the `074 patent'') and 5,329,369.
    On April 10, 2009, the Commission terminated this investigation 
with a finding of violation of Section 337 by reason of infringement of 
claim 1, 5, and 23 of the `074 patent. 74 FR 17511 (2009). The 
Commission determined that the appropriate form of relief is (1) a 
limited exclusion order under 19 U.S.C. * 1337(d)(1) prohibiting the 
unlicensed entry of certain digital televisions and certain products 
containing the same that infringe one or more of claims 1, 5, and 23 of 
the `074 patent, and are manufactured abroad by or on behalf of, or 
imported by or on behalf of, Vizio, AmTran, TPV Technology, TPV USA, 
Top Victory Electronics, Envision, Taiwan Kolin, SBC, Proview 
International, Proview Shenzhen, Proview Technology; and (2) cease and 
desist orders directed to Vizio, TPV USA, SBC, Proview Technology, and 
Envision.
    On August 14, 2009, Funai filed a complaint seeking enforcement 
proceedings under Commission Rule 210.75, 19 CFR 210.75. The complaint 
alleges that Vizio, AmTran, TPV Technology, TPV USA, Top Victory 
Electronics, Envision, Proview International, Proview Shenzhen, Proview 
Technology, Suzhou Raken Technology Ltd. of China (``Suzhou''), and Top 
Victory Investments, Ltd. of Hong Kong (``Top Victory Investments'') 
have violated the limited exclusion order and/or the cease and desist 
orders issued at the conclusion of the original investigation.
    Funai's enforcement complaint also requests that the Commission 
seek temporary emergency action under Commission rule 210.77, 19 CFR 
210.77, to modify its remedial orders to make express that all 
respondents' ATSC-compliant digital televisions are presumed to 
infringe the `074 patent. The Commission has denied this request for 
temporary emergency action because the Commission does not have the 
information necessary to determine whether respondents are currently 
violating the Commission's limited exclusion and cease and desist 
orders.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, 19 CFR 210.75 the Commission has 
determined to institute a formal enforcement proceeding to determine 
whether the respondents are in violation of the Commission's limited 
exclusion order and cease and desist orders issued in the 
investigation, and what, if any, enforcement measures are appropriate. 
The following entities are named as parties to the formal enforcement 
proceeding: (1) Complainant Funai, (2) respondents Vizio, AmTran, TPV 
Technology, TPV USA, Top Victory Electronics, Envision, Proview 
International, Proview Shenzhen,

[[Page 46794]]

Proview Technology, Suzhou, and Top Victory Investments; and (3) a 
Commission investigative attorney to be designated by the Director, 
Office of Unfair Import Investigations.
    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 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    By order of the Commission.
     Issued: September 4, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-21901 Filed 9-10-09; 8:45 am]
BILLING CODE 7020-02-P
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