In the Matter of Certain Inkjet Ink Supplies and Components Thereof; Notice of Commission Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of Investigation, 2921-2922 [2011-836]

Download as PDF Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before February 3, 2011 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by February 3, 2011. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II(C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: January 11, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–837 Filed 1–14–11; 8:45 am] mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 7020–02–P VerDate Mar<15>2010 16:24 Jan 14, 2011 Jkt 223001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–691] In the Matter of Certain Inkjet Ink Supplies and Components Thereof; Notice of Commission Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order and a cease and desist order in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), and has terminated the investigation. 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: The Commission instituted this investigation on October 29, 2009, based on a complaint filed by Hewlett-Packard Company of Palo Alto, California (‘‘HP’’). 74 FR 55856–7 (Oct. 29, 2009). The complaint alleged violations 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 inkjet ink supplies or components thereof that infringe one or more of claims 1–7 and 22–28 of United States Patent No. 6,959,985; claims 1–10, 11, 12, 14, 18– 20, 22, 26, 27, and 28–35 of United States Patent No. 7,104,630; claims 6, 7, 9, and 10 of U.S. Patent No. 6,089,687 (‘‘the ’687 patent’’); and claims 1–3, 5, SUMMARY: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 2921 and 6 of U.S. Patent No. 6,264,301 (‘‘the ’301 patent’’). The complaint named as respondents Zhuhai Gree MagnetoElectric Co. Ltd. of Guangdong, China (‘‘Zhuhai’’); InkPlusToner.com of Canoga Park, California (‘‘InkPlusToner’’); Mipo International Ltd. of Kowloon, Hong Kong (‘‘Mipo International’’); Mextec Group, Inc. d/b/a Mipo America Ltd. of Miami, Florida (‘‘Mextec’’); Shanghai Angel Printer Supplies Co. Ltd. of Shanghai, China (‘‘Shanghai Angel’’); SmartOne Services LLC d/b/a InkForSale.net of Hayward, California (‘‘Smart One’’); Shenzhen Print Media Co., Ltd. of Shenzhen, China (‘‘Shenzhen Print Media’’); Comptree Ink d/b/a Meritline, ABCInk, EZ Label, and CDR DVDR Media of City of Industry, California (‘‘Comptree’’); Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of Guangdong, China (‘‘Zhuhai National’’); Tatrix International of Guangdong, China (‘‘Tatrix’’); and Ourway Image Co., of Guangdong, China (‘‘Ourway’’). Seven respondents, Mipo International, Mextec, Shanghai Angel, Shenzhen Print Media, Zhuhai National, Tatrix, and Ourway (collectively, ‘‘Defaulting Respondents’’), failed to answer the Complaint and Notice of Investigation. The ALJ granted default determinations against the Defaulting Respondents (Order No. 9), and the Commission determined not to review the order. See Notice of Commission Determination Not to Review an Initial Determination Finding Seven Respondents in Default (February 17, 2010). Three respondents, Comptree, InkPlusToner, and SmartOne, reached settlement agreements with HP and were terminated from the investigation (Order Nos. 11, 13, and 14), and the Commission determined not to review those orders. One respondent, Zhuhai, was terminated from the investigation on the basis of a consent order (Order No. 12), and the Commission determined not to review that order. On May 7, 2010, HP moved for summary determination that a domestic industry exists and that the Defaulting Respondents have violated section 337. The ALJ granted HP’s motion and issued his final ID (Order No. 18) on August 30, 2010, finding substantial, reliable and probative evidence of violation by the Defaulting Respondents with respect to claims 6 and 9 of the ‘687 patent and claims 1, 5, and 6 of the ‘301 patent. The ID included the ALJ’s recommended determination (‘‘RD’’) on remedy and bonding. The ALJ recommended that in the event the Commission finds a violation of section 337, the Commission should issue a general exclusion order and a cease and desist E:\FR\FM\18JAN1.SGM 18JAN1 2922 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices order directed to domestic respondent Mextec. The ALJ also recommended that the Commission set a bond of 100 percent for products imported during the period of Presidential review. On October 7, 2010, the Commission issued notice of its determination not to review the final ID, and to solicit submissions on remedy, the public interest, and bonding. On October 28, 2010, HP and the Commission investigative attorney filed submissions with respect thereto. After reviewing the relevant portions of the record, the Commission has determined to issue a general exclusion order with respect to claims 6 and 9 of the ‘687 patent and claims 1, 5, and 6 of the ‘301 patent, and a cease and desist order against Mextec with respect to the same claims. The Commission has therefore terminated this 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 sections 210.16(c), 210.41–.42, and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c), 210.41– .42, and 210.50). By order of the Commission. Issued: January 11, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–836 Filed 1–14–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE mstockstill on DSKH9S0YB1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on December 30, 2010, a proposed Consent Decree in United States v. Gasco Energy Inc., et al., Civil Action No. 2:10–CV– 01282–PMW, was lodged with the United States District Court for the District of Utah. In this action the United States seeks civil penalties and injunctive relief for alleged violations of the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401 et seq., at Gasco Energy Inc.’s (‘‘Gasco’’) Riverbend compressor station in Uintah County, Utah. Specifically, the United States alleges that Gasco failed to control the emission of hazardous air pollutants (‘‘HAPs’’) as required by Section 112 of the CAA, 42 U.S.C. 7412, and 40 CFR part 63, subpart HH (applicable to certain glycol dehydrators at natural gas production facilities) and subpart ZZZZ (applicable to certain reciprocating internal combustion engines at natural gas production facilities). The proposed consent decree would require Gasco to VerDate Mar<15>2010 16:24 Jan 14, 2011 Jkt 223001 pay a civil penalty of $350,000, comply with regulatory requirements, and make additional reductions in emissions through a requirement to retrofit or replace certain high bleed pneumatic controllers with ‘‘low bleed’’ components. 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. Gasco Energy Inc., D.J. Ref. No. 90–5–2–1–09483. The consent decree and associated appendices may be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the consent decree and the associated appendices 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 $16.75 (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. All requests for documents should refer to United States v. Gasco Energy Inc., D.J. Ref. No., Civil Action Number 2:10–CV–01282–PMW, and D.J. Ref. No. 90–5–2–1–09483. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–824 Filed 1–14–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of a Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on January 10, 2011, a proposed Consent Decree in United States v. Western Reman Industrial Inc., Civil Action No. 11–cv– 00008 was lodged with the United States District Court for the Northern District of Indiana. PO 00000 Frm 00045 Fmt 4703 Sfmt 9990 In this action, the United States alleges that the Defendant is liable under Sections 107 and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607 and 9613(g)(2), for the recovery of response costs incurred and to be incurred by the United States at the Building 190 at the former Grissom Air Force Base, located at 1175 North Hoosier Boulevard, Peru, Indiana (‘‘Site’’ or ‘‘Building 190 Site’’). Under the proposed Consent Decree, Defendant will reimburse the United States $300,000 in past and future response costs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed 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. Western Reman Industrial Inc., D.J. Ref. 90–11–2–09273. During the public comment period, the proposed Consent Decree may be examined on the following Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed 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 $4.75 for a copy of the Consent Decree including all attachments (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 Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–861 Filed 1–14–11; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2921-2922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-836]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-691]


In the Matter of Certain Inkjet Ink Supplies and Components 
Thereof; Notice of Commission Issuance of a General Exclusion Order and 
a Cease and Desist Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a general exclusion order and a cease and desist 
order in the above-captioned investigation under section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), and 
has terminated the investigation.

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: The Commission instituted this investigation 
on October 29, 2009, based on a complaint filed by Hewlett-Packard 
Company of Palo Alto, California (``HP''). 74 FR 55856-7 (Oct. 29, 
2009). The complaint alleged violations 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 inkjet ink 
supplies or components thereof that infringe one or more of claims 1-7 
and 22-28 of United States Patent No. 6,959,985; claims 1-10, 11, 12, 
14, 18-20, 22, 26, 27, and 28-35 of United States Patent No. 7,104,630; 
claims 6, 7, 9, and 10 of U.S. Patent No. 6,089,687 (``the '687 
patent''); and claims 1-3, 5, and 6 of U.S. Patent No. 6,264,301 (``the 
'301 patent''). The complaint named as respondents Zhuhai Gree Magneto-
Electric Co. Ltd. of Guangdong, China (``Zhuhai''); InkPlusToner.com of 
Canoga Park, California (``InkPlusToner''); Mipo International Ltd. of 
Kowloon, Hong Kong (``Mipo International''); Mextec Group, Inc. d/b/a 
Mipo America Ltd. of Miami, Florida (``Mextec''); Shanghai Angel 
Printer Supplies Co. Ltd. of Shanghai, China (``Shanghai Angel''); 
SmartOne Services LLC d/b/a InkForSale.net of Hayward, California 
(``Smart One''); Shenzhen Print Media Co., Ltd. of Shenzhen, China 
(``Shenzhen Print Media''); Comptree Ink d/b/a Meritline, ABCInk, EZ 
Label, and CDR DVDR Media of City of Industry, California 
(``Comptree''); Zhuhai National Resources & Jingjie Imaging Products 
Co., Ltd. of Guangdong, China (``Zhuhai National''); Tatrix 
International of Guangdong, China (``Tatrix''); and Ourway Image Co., 
of Guangdong, China (``Ourway'').
    Seven respondents, Mipo International, Mextec, Shanghai Angel, 
Shenzhen Print Media, Zhuhai National, Tatrix, and Ourway 
(collectively, ``Defaulting Respondents''), failed to answer the 
Complaint and Notice of Investigation. The ALJ granted default 
determinations against the Defaulting Respondents (Order No. 9), and 
the Commission determined not to review the order. See Notice of 
Commission Determination Not to Review an Initial Determination Finding 
Seven Respondents in Default (February 17, 2010). Three respondents, 
Comptree, InkPlusToner, and SmartOne, reached settlement agreements 
with HP and were terminated from the investigation (Order Nos. 11, 13, 
and 14), and the Commission determined not to review those orders. One 
respondent, Zhuhai, was terminated from the investigation on the basis 
of a consent order (Order No. 12), and the Commission determined not to 
review that order.
    On May 7, 2010, HP moved for summary determination that a domestic 
industry exists and that the Defaulting Respondents have violated 
section 337. The ALJ granted HP's motion and issued his final ID (Order 
No. 18) on August 30, 2010, finding substantial, reliable and probative 
evidence of violation by the Defaulting Respondents with respect to 
claims 6 and 9 of the `687 patent and claims 1, 5, and 6 of the `301 
patent. The ID included the ALJ's recommended determination (``RD'') on 
remedy and bonding. The ALJ recommended that in the event the 
Commission finds a violation of section 337, the Commission should 
issue a general exclusion order and a cease and desist

[[Page 2922]]

order directed to domestic respondent Mextec. The ALJ also recommended 
that the Commission set a bond of 100 percent for products imported 
during the period of Presidential review.
    On October 7, 2010, the Commission issued notice of its 
determination not to review the final ID, and to solicit submissions on 
remedy, the public interest, and bonding. On October 28, 2010, HP and 
the Commission investigative attorney filed submissions with respect 
thereto. After reviewing the relevant portions of the record, the 
Commission has determined to issue a general exclusion order with 
respect to claims 6 and 9 of the `687 patent and claims 1, 5, and 6 of 
the `301 patent, and a cease and desist order against Mextec with 
respect to the same claims.
    The Commission has therefore terminated this 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 
sections 210.16(c), 210.41-.42, and 210.50 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.16(c), 210.41-.42, and 210.50).

    By order of the Commission.

    Issued: January 11, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-836 Filed 1-14-11; 8:45 am]
BILLING CODE 7020-02-P