In the Matter of Certain Restraining Systems for Transport Containers, Components Thereof, and Methods of Using Same; Notice of Investigation, 68865-68866 [E9-30756]

Download as PDF Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Notices Klickitat County Homesteads of the Dalles Mountain Ranch Historic District, 340 Dalles Mountain Rd., beginning approx. 2.8 mi. N. of WA 14 jct., Dallesport, 09001234 Pierce County Blue Mouse Theatre, 2611 N. Proctor St., Tacoma, 09001235 Request for REMOVAL has been made for the following resources: Colorado Denver County Wheeler House, 1917 W. 32nd Ave., Denver, 00000105 Fremont County Fourth Street Bridge, 4th St., Canon City, 85000207 [FR Doc. E9–30733 Filed 12–28–09; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–696] In the Matter of Certain Restraining Systems for Transport Containers, Components Thereof, and Methods of Using Same; Notice of Investigation pwalker on DSK8KYBLC1PROD with NOTICES AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 24, 2009 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Matthew Bullock of McLean, Virginia and Walnut Industries, Inc. of Bensalem, Pennsylvania. Supplements to the complaint were filed on December 9 and 11, 2009. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain restraining systems for transport containers and components thereof by reason of (1) infringement of certain claims of U.S. Patent Nos. 6,089,802; 6,227,779; and 6,981,827; (2) infringement of U.S. Copyright Registration Nos. TX–6–990–095 and TX6–996–765; and (3) false advertising and misrepresentation. The complaint further alleges that an industry in the United States exists as required by subsections (a)(1)(A) and (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an VerDate Nov<24>2008 19:02 Dec 28, 2009 Jkt 220001 exclusion order and a cease and desist order. ADDRESSES: The complaint and supplements, except for any confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. 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. General information concerning the Commission may also be obtained by accessing its Internet server at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2580. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2009). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 22, 2009, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain restraining systems for transport containers or components thereof that infringe one or more of claims 1, 15, 16, and 22 of U.S. Patent No. 6,089,802; claims 1 and 7 of U.S. Patent No. 6,227,779; and claims 1, 5, 7, and 12 of U.S. Patent No. 6,981,827, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain restraining systems for transport containers or components thereof by PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 68865 reason of infringement of U.S. Copyright Registration No. TX–6–990–095 or U.S. Copyright Registration No. TX–6–996– 765, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; and (c) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain restraining systems for transport containers or components thereof by reason of false advertising and misrepresentation, the threat or effect of which is to destroy or substantially injure an industry in the United States. (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Matthew Bullock, 6314 Georgetown Pike, McLean, VA 22101, Walnut Industries, Inc., 1356 Adams Road, Bensalem, PA 19020. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Qingdao Auront Industry & Trade Co., Ltd., Columbia Village, Shazikou, Laoshan District, Qingdao 266102, Shandong, China. (c) The Commission investigative attorney, party to this investigation, is Kecia J. Reynolds, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the E:\FR\FM\29DEN1.SGM 29DEN1 68866 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Notices allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 22, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–30756 Filed 12–28–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE pwalker on DSK8KYBLC1PROD with NOTICES Notice of Lodging of the ‘‘Cinergy’’ Proposed Partial Consent Decree under the Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on December 22, 2009, a proposed partial Consent Decree (‘‘Consent Decree’’) in United States of America, et al. v. Cinergy Corporation, et al., Civil Action No. 1:99–cv–01693– LJM–JMS, was lodged with the United States District Court for the Southern District of Indiana. In this civil enforcement action under the Federal Clean Air Act (‘‘Act’’), PSI Energy, Inc. (now Duke Energy Indiana (‘‘Duke’’)), was found to have modified Units 1 and 3 at the Gallagher Generating Station (‘‘Gallagher’’) in New Albany, Indiana in violation of the sulfur dioxide (‘‘SO2’’) New Source Review requirements of the Act. The Consent Decree lodged with the Court requires Duke to reduce SO2 emissions from Gallagher Units 1 and 3, culminating in the repowering or shutdown of the units. The Decree further requires substantial reductions in SO2 emissions from Units 2 and 4 at Gallagher. Other relief includes $6.25 million in environmental mitigation projects and a $1.75 million civil penalty. The States of Connecticut, New Jersey, and New York have joined the settlement as co-plaintiffs, as have two citizens groups, Hoosier Environmental Council and Ohio Environmental Council. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to VerDate Nov<24>2008 19:02 Dec 28, 2009 Jkt 220001 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 United States of America, et al. v. Cinergy Corporation, et al., D.J. Ref. 90–5–2–1– 06965. The Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Indiana, located at 10 West Market Street, Suite 2100, Indianapolis, Indiana 46204–3048; or at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604–4590. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also 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 $17.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–30723 Filed 12–28–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of the ‘‘Cinergy’’ Proposed Partial Consent Decree Under the Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on December 22, 2009, a proposed partial Consent Decree (‘‘Consent Decree’’) in United States of America, et al. v. Cinergy Corporation, et al., Civil Action No. 1:99–cv–01693– LJM–JMS, was lodged with the United States District Court for the Southern District of Indiana. In this civil enforcement action under the Federal Clean Air Act (‘‘Act’’), PSI Energy, Inc. (now Duke Energy Indiana (‘‘Duke’’)), was found to have modified Units 1 and 3 at the Gallagher Generating Station (‘‘Gallagher’’) in New Albany, Indiana in violation of the sulfur dioxide (‘‘SO2’’) New Source Review requirements of the Act. The Consent Decree lodged with the Court requires Duke to reduce SO2 emissions from Gallagher Units 1 and 3, culminating in the repowering or PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 shutdown of the units. The Decree further requires substantial reductions in SO2 emissions from Units 2 and 4 at Gallagher. Other relief includes $6.25 million in environmental mitigation projects and a $1.75 million civil penalty. The States of Connecticut, New Jersey, and New York have joined the settlement as co-plaintiffs, as have two citizens groups, Hoosier Environmental Council and Ohio Environmental Council. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent 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 United States of America, et al. v. Cinergy Corporation, et al., D.J. Ref. 90–5–2–1– 06965. The Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Indiana, located at 10 West Market Street, Suite 2100, Indianapolis, Indiana 46204–3048; or at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604–4590. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also 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 $17.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–30634 Filed 12–28–09; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Notices]
[Pages 68865-68866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30756]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-696]


In the Matter of Certain Restraining Systems for Transport 
Containers, Components Thereof, and Methods of Using Same; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 24, 2009 under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Matthew Bullock of McLean, Virginia and Walnut Industries, Inc. of 
Bensalem, Pennsylvania. Supplements to the complaint were filed on 
December 9 and 11, 2009. The complaint alleges violations of section 
337 based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain restraining systems for transport containers and components 
thereof by reason of (1) infringement of certain claims of U.S. Patent 
Nos. 6,089,802; 6,227,779; and 6,981,827; (2) infringement of U.S. 
Copyright Registration Nos. TX-6-990-095 and TX6-996-765; and (3) false 
advertising and misrepresentation. The complaint further alleges that 
an industry in the United States exists as required by subsections 
(a)(1)(A) and (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. 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. General information concerning the Commission may also be 
obtained by accessing its Internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2580.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2009).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 22, 2009, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain restraining systems for transport containers or components 
thereof that infringe one or more of claims 1, 15, 16, and 22 of U.S. 
Patent No. 6,089,802; claims 1 and 7 of U.S. Patent No. 6,227,779; and 
claims 1, 5, 7, and 12 of U.S. Patent No. 6,981,827, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (b) whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain restraining systems for transport containers or components 
thereof by reason of infringement of U.S. Copyright Registration No. 
TX-6-990-095 or U.S. Copyright Registration No. TX-6-996-765, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337; and
    (c) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain restraining systems for transport containers or components 
thereof by reason of false advertising and misrepresentation, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:
Matthew Bullock, 6314 Georgetown Pike, McLean, VA 22101,
Walnut Industries, Inc., 1356 Adams Road, Bensalem, PA 19020.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Qingdao Auront Industry & Trade Co., Ltd., Columbia Village, Shazikou, 
Laoshan District, Qingdao 266102, Shandong, China.
    (c) The Commission investigative attorney, party to this 
investigation, is Kecia J. Reynolds, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the

[[Page 68866]]

allegations of the complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the complaint and 
this notice and to enter an initial determination and a final 
determination containing such findings, and may result in the issuance 
of an exclusion order or a cease and desist order or both directed 
against the respondent.

    By order of the Commission.

    Issued: December 22, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-30756 Filed 12-28-09; 8:45 am]
BILLING CODE 7020-02-P