In the Matter of Certain Non-Shellfish Derived Glucosamine and Products Containing Same; Notice of Commission Determination To Affirm an Initial Determination Granting a Joint Motion To Terminate The Investigation as to Respondent Ethical Naturals, Inc. From the Investigation Based Upon a Settlement Agreement; Termination of Investigation, 18549-18550 [2010-8206]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR. 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, VerDate Nov<24>2008 17:58 Apr 09, 2010 Jkt 220001 the public interest, and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on May 7, 2010. Reply submissions must be filed no later than the close of business on May 21, 2010. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR *210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. 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 sections 210.18, 210.21, and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR *210.18, 210.21, and 210.50). By order of the Commission. Issued: April 6, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–8205 Filed 4–9–10; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 18549 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–668] In the Matter of Certain Non-Shellfish Derived Glucosamine and Products Containing Same; Notice of Commission Determination To Affirm an Initial Determination Granting a Joint Motion To Terminate The Investigation as to Respondent Ethical Naturals, Inc. From the Investigation Based Upon a Settlement Agreement; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm an initial determination (‘‘ID’’) (Order No. 26) granting a joint motion to terminate the investigation as to respondent Ethical Naturals, Inc. from the investigation based upon a settlement agreement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 (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. 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: This investigation was instituted on March 4, 2009, based upon a complaint filed on behalf of Cargill, Inc. of Wayzata, Minnesota (‘‘Cargill’’) on January 28, 2009, and supplemented on February 13, 2009. 74 FR 9428 (March 4, 2009). 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 nonshellfish derived glucosamine and E:\FR\FM\12APN1.SGM 12APN1 sroberts on DSKD5P82C1PROD with NOTICES 18550 Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices products containing same that infringe certain claims of United States Patent No. 7,049,433. The notice of investigation named six firms as respondents. On May 27, 2009, Cargill and ENI filed a motion to terminate the investigation based upon a settlement agreement and license agreement. The ALJ denied this motion. Order No. 23 (June 29, 2009). On June 1, 2009, the Commission issued notice of its determination not to review an ID terminating the investigation with respect to respondents Hygieia Health Co., Ltd. and TSI Health Sciences, Inc. based on a settlement agreement. On July 28, 2009, the Commission issued notice of its determination not to review an ID terminating the investigation with respect to Nantong Foreign Medicines & Health Products Co., Ltd. and Tiancheng International, Inc. on the basis of withdrawal of the complaint as to these two respondents. On July 30, 2009, the Commission issued notice of its determination not to review an ID terminating the investigation with respect to DNP International, Inc. on the basis of a consent order. On July 13, 2009, Cargill and respondent ENI filed a second joint motion pursuant to Commission Rule 210.21(b) to terminate the investigation based upon a settlement agreement and license agreement. On July 23, 2009, the Commission investigative attorney filed a response in support of the motion. On July 24, 2009, the ALJ issued Order No. 26, granting the motion. No petitions for review were filed. On August 24, 2009, the Commission issued notice of its determination to review the subject ID, and requested briefing. On September 8, 2009, Cargill filed a submission. On September 9, 2009, Cargill filed a corrected submission, and the Commission investigative attorney filed a submission with a motion for leave to file out of time. The Commission has determined to grant the motion for leave to file out of time. Having reviewed the record and the submissions on review, the Commission has determined to affirm the subject 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 sections 210.45, 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.45, 210.50). Issued: April 5, 2010. VerDate Nov<24>2008 17:58 Apr 09, 2010 Jkt 220001 By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–8206 Filed 4–9–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $3.25 (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. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. Notice is hereby given that on April 2, 2010, a proposed Consent Decree (‘‘Consent Decree’’) in United States v. Union Pacific Railroad Company, Civil Action No. 5:10cv251–FB was lodged with the United States District Court for the Western District of Texas. In this action, the United States sought recovery, under 42 U.S.C. 9707(a)(4)(A), of past response costs incurred by the United States Environmental Protection Agency associated with a train derailment that occurred on June 28, 2004, near Macdona, Texas. A chlorine gas tanker ruptured, resulting in the release of chlorine gas into the environment. The Consent Decree resolves the claim between the United States and the Union Pacific Railroad Company for the amount of $480,000. 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 v. Union Pacific Railroad Company, D.J. Ref. 90–11–3–09267. The Consent Decree may be examined at the Office of the United States Attorney, Western District of Texas, 601 NW Loop 410, Suite 600, San Antonio, Texas 78216, (210) 384–7300, and at U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202, (800) 887–6063. 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 [FR Doc. 2010–8242 Filed 4–9–10; 8:45 am] PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Notice is hereby given that on March 31, 2010, a proposed Consent Decree (‘‘Decree’’) in United States v. Honeywell International Inc., Civil Action No. 1:10CV203, was lodged with the United States District Court for the Southern District of Ohio. In this action the United States, on behalf of the U.S. Environmental Protection Agency (‘‘U.S. EPA’’), sought cost recovery and injunctive relief against Honeywell International Inc. relating to the third operable unit (‘‘OU3’’) of the Allied Chemical and Ironton Coke Superfund Site (‘‘Site’’) in Ironton, Ohio, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. Under the Decree, which resolves these claims, Defendant Honeywell will pay all interim and future response costs not inconsistent with the National Contingency Plan relating to OU3 and will perform the remedy for OU3 at the Site. The remedy for OU3, which is the final remedy for the Site, pertains to the former Tar Plant area of the Site, and calls for covering contaminated soil at OU3 with a cap that complies with Ohio solid waste regulations; controls to ensure the cap remains intact and thereby protects people from remaining contaminated soil and soil vapor; and a combination of dredging, off-site disposal and/or capping of contaminated sediment in the Ohio River adjacent to the Tar Plant’s loading dock. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Notices]
[Pages 18549-18550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8206]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-668]


In the Matter of Certain Non-Shellfish Derived Glucosamine and 
Products Containing Same; Notice of Commission Determination To Affirm 
an Initial Determination Granting a Joint Motion To Terminate The 
Investigation as to Respondent Ethical Naturals, Inc. From the 
Investigation Based Upon a Settlement Agreement; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm an initial determination (``ID'') 
(Order No. 26) granting a joint motion to terminate the investigation 
as to respondent Ethical Naturals, Inc. from the investigation based 
upon a settlement agreement. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 
(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. 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: This investigation was instituted on March 
4, 2009, based upon a complaint filed on behalf of Cargill, Inc. of 
Wayzata, Minnesota (``Cargill'') on January 28, 2009, and supplemented 
on February 13, 2009. 74 FR 9428 (March 4, 2009). 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 non-
shellfish derived glucosamine and

[[Page 18550]]

products containing same that infringe certain claims of United States 
Patent No. 7,049,433. The notice of investigation named six firms as 
respondents.
    On May 27, 2009, Cargill and ENI filed a motion to terminate the 
investigation based upon a settlement agreement and license agreement. 
The ALJ denied this motion. Order No. 23 (June 29, 2009).
    On June 1, 2009, the Commission issued notice of its determination 
not to review an ID terminating the investigation with respect to 
respondents Hygieia Health Co., Ltd. and TSI Health Sciences, Inc. 
based on a settlement agreement. On July 28, 2009, the Commission 
issued notice of its determination not to review an ID terminating the 
investigation with respect to Nantong Foreign Medicines & Health 
Products Co., Ltd. and Tiancheng International, Inc. on the basis of 
withdrawal of the complaint as to these two respondents. On July 30, 
2009, the Commission issued notice of its determination not to review 
an ID terminating the investigation with respect to DNP International, 
Inc. on the basis of a consent order.
    On July 13, 2009, Cargill and respondent ENI filed a second joint 
motion pursuant to Commission Rule 210.21(b) to terminate the 
investigation based upon a settlement agreement and license agreement. 
On July 23, 2009, the Commission investigative attorney filed a 
response in support of the motion. On July 24, 2009, the ALJ issued 
Order No. 26, granting the motion. No petitions for review were filed.
    On August 24, 2009, the Commission issued notice of its 
determination to review the subject ID, and requested briefing. On 
September 8, 2009, Cargill filed a submission. On September 9, 2009, 
Cargill filed a corrected submission, and the Commission investigative 
attorney filed a submission with a motion for leave to file out of 
time. The Commission has determined to grant the motion for leave to 
file out of time. Having reviewed the record and the submissions on 
review, the Commission has determined to affirm the subject 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 sections 210.45, 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45, 210.50).

    Issued: April 5, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-8206 Filed 4-9-10; 8:45 am]
BILLING CODE 7020-02-P