Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 43722-43723 [2011-18436]

Download as PDF wreier-aviles on DSKDVH8Z91PROD with NOTICES 43722 Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Notices The Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona, has submitted a repatriation claim for the cultural items described in this notice, on behalf of itself and the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; and Tohono O’odham Nation of Arizona (hereinafter referred to as ‘‘The Four Southern Tribes of Arizona’’). The Four Southern Tribes of Arizona assert a ‘‘close relationship of shared group identity that can be traced both historically and prehistorically between the Four Southern Tribes of Arizona and the people that inhabited south central Arizona and the northern region of present day Mexico from time immemorial.’’ Therefore, The Four Southern Tribes of Arizona claim cultural affiliation to the cultural items based on geographical, archeological, linguistic, oral tradition, and historical evidence. The Hopi Tribe ‘‘claims cultural and ancestral affiliation to all human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony that were collected from Paleo-Indian, Archaic, Basketmaker, Hisatsinom (Anasazi), Mogollon, Hohokam, Sinaguan, Fremont, Mimbres, and Salado, prehistoric and historic cultures of the Southwest.’’ Based on, ‘‘Zuni oral teachings and tradition, ethnohistoric documentation, historic documentation, archaeological documentation, and other evidence, the Zuni Tribe claims cultural affiliation with prehistoric cultures of the Southwestern United States that include, and are known as, Paleo Indian, Archaic, Basketmaker, Puebloan, Freemont, Anasazi, Mogollon (including Mimbres and Jornada), Hohokam, Sinagua, Western Pueblo, and Salado.’’ Therefore, the oral tradition, kinship system, and archeology all indicate that The Four Southern Tribes of Arizona, Hopi Tribe of Arizona, and the Zuni Tribe of the Zuni Reservation, New Mexico, identify with the archeological Hohokam tradition. Finally, multiple lines of evidence, including treaties, Acts of Congress, and Executive Orders, indicate that the land from which the cultural items were removed is the aboriginal land of The Four Southern Tribes of Arizona, Hopi Tribe of Arizona, and the Zuni Tribe of the Zuni Reservation, New Mexico. VerDate Mar<15>2010 15:00 Jul 20, 2011 Jkt 223001 Determinations Made by the Fowler Museum at UCLA Officials of the Fowler Museum at UCLA have determined that: • Pursuant to 25 U.S.C. 3001(3)(B), the 69 cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of a Native American individual. • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the unassociated funerary objects and The Four Southern Tribes of Arizona, Hopi Tribe of Arizona, and the Zuni Tribe of the Zuni Reservation, New Mexico. Additional Requestors and Disposition Representatives of any other Indian tribe that believes itself to be culturally affiliated with the unassociated funerary objects should contact Wendy G. Teeter, PhD, Curator of Archaeology, Fowler Museum at UCLA, Box 951549, Los Angeles, CA 90095–1549, telephone (310) 825–1864, before August 22, 2011. Repatriation of the unassociated funerary objects to the Salt River PimaMaricopa Indian Community of the Salt River Reservation, Arizona, on behalf of The Four Southern Tribes of Arizona, may proceed after that date if no additional claimants come forward. The Fowler Museum at UCLA is responsible for notifying The Four Southern Tribes of Arizona, Hopi Tribe of Arizona, and the Zuni Tribe of the Zuni Reservation, New Mexico, that this notice has been published. Dated: July 14, 2011. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 2011–18357 Filed 7–20–11; 8:45 am] BILLING CODE 4312–50–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Light-Emitting Diodes and Products Containing Same, SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 DN 2831; the Commission is soliciting comments on any public interest issues raised by the complaint. FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary to the Commission, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov, and 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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The Commission has received a complaint filed on behalf of Samsung LED Co., Ltd. and Samsung Led America, Inc. on July 15, 2011. 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 light-emitting diodes and products containing same. The complaint names as respondents OSRAM GmbH of Germany, OSRAM Opto Semiconductors GmbH of Germany; OSRAM Opto Semiconductors Inc. of Sunnyvale, CA and OSRAM Sylvania Inc. of Danvers, MA. The complainant, proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five pages in length, on any public interest issues raised by the complaint. Comments should address whether issuance of an exclusion order and/or a cease and desist order in this investigation would negatively affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: SUPPLEMENTARY INFORMATION: E:\FR\FM\21JYN1.SGM 21JYN1 wreier-aviles on DSKDVH8Z91PROD with NOTICES Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Notices (i) Explain how the articles potentially subject to the orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the potential orders; (iii) Indicate the extent to which like or directly competitive articles are produced in the United States or are otherwise available in the United States, with respect to the articles potentially subject to the orders; and (iv) Indicate whether Complainant, Complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to an exclusion order and a cease and desist order within a commercially reasonable time. Written submissions must be filed no later than by close of business, five business days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. 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. Submissions should refer to the docket number (‘‘Docket No. 2831’’) in a prominent place on the cover page and/or the first page. The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50(a)(4) of the Commission’s Rules of Practice VerDate Mar<15>2010 15:00 Jul 20, 2011 Jkt 223001 and Procedure (19 CFR 201.10, 210.50(a)(4)). By order of the Commission. Issued: July 18, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–18436 Filed 7–20–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–567] Certain Foam Footwear; Final Commission Determination of Violation; Issuance of a General Exclusion Order and Cease and Desist Orders; and Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has terminated the abovecaptioned investigation with a finding of violation of section 337, and has issued a general exclusion order directed against infringing foam footwear products, and cease and desist orders directed against respondents Double Diamond Distribution Ltd. (‘‘Double Diamond’’) of Canada, Effervescent Inc. (‘‘Effervescent’’) of Fitchburg, Massachusetts, and Holey Soles Holding Ltd. (‘‘Holey Soles’’) of Canada. SUMMARY: FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 43723 on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. (‘‘Crocs’’) of Niwot, Colorado. 71 FR 27514–15 (May 11, 2006). 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 foam footwear, by reason of infringement of claims 1–2 of U.S. Patent No. 6,993,858 (‘‘the ’858 patent’’); U.S. Patent No. D517,789 (‘‘the ’789 patent’’); and the Crocs trade dress (the image and overall appearance of Crocsbrand footwear). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337, and requested that the Commission issue a permanent general exclusion order and permanent cease and desist orders. The complaint named eleven (11) respondents that included: (1) Collective Licensing International, LLC of Englewood, Colorado; (2) Double Diamond; (3) Effervescent; (4) Gen-X Sports, Inc. of Toronto, Ontario; (5) Holey Soles; (6) Australia Unlimited, Inc. of Seattle, Washington; (7) Cheng’s Enterprises Inc. of Carlstadt, New Jersey; (8) D. Myers & Sons, Inc. of Baltimore, Maryland; (9) Inter-Pacific Trading Corp. of Los Angeles, California; (10) Pali Hawaii of Honolulu, Hawaii; and (11) Shaka Shoes of Kaliua-Kona, Hawaii. The Commission terminated the investigation as to the trade dress allegation on September 11, 2006. A twelfth respondent, Old Dominion Footwear, Inc. of Madison Heights, Virginia, was added to the investigation on October 10, 2006. All but three respondents have been terminated from the investigation on the basis of a consent order, settlement agreement, or undisputed Commission determination of non-infringement. The three remaining respondents are Double Diamond, Effervescent, and Holey Soles. On April 11, 2008, the presiding administrative law judge (‘‘ALJ’’) issued his final initial determination (‘‘ID’’) finding no violation of section 337. The ALJ found non-infringement and nonsatisfaction of the technical prong of the domestic industry requirement with respect to the ’789 patent, and found that the ’858 patent was proven invalid as obvious under 35 U.S.C. 103. The ALJ’s final ID made no finding on whether either asserted patent was unenforceable due to inequitable conduct. The ALJ’s final ID also included his recommendation on remedy and bonding should the Commission find that there was a E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Notices]
[Pages 43722-43723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18436]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled In Re Certain Light-
Emitting Diodes and Products Containing Same, DN 2831; the Commission 
is soliciting comments on any public interest issues raised by the 
complaint.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov, and 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 this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint 
filed on behalf of Samsung LED Co., Ltd. and Samsung Led America, Inc. 
on July 15, 2011. 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 light-emitting diodes and products 
containing same. The complaint names as respondents OSRAM GmbH of 
Germany, OSRAM Opto Semiconductors GmbH of Germany; OSRAM Opto 
Semiconductors Inc. of Sunnyvale, CA and OSRAM Sylvania Inc. of 
Danvers, MA.
    The complainant, proposed respondents, other interested parties, 
and members of the public are invited to file comments, not to exceed 
five pages in length, on any public interest issues raised by the 
complaint. Comments should address whether issuance of an exclusion 
order and/or a cease and desist order in this investigation would 
negatively affect the public health and welfare in the United States, 
competitive conditions in the United States economy, the production of 
like or directly competitive articles in the United States, or United 
States consumers.
    In particular, the Commission is interested in comments that:

[[Page 43723]]

    (i) Explain how the articles potentially subject to the orders are 
used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the potential orders;
    (iii) Indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the orders; and
    (iv) Indicate whether Complainant, Complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to an exclusion order and a cease and 
desist order within a commercially reasonable time.
    Written submissions must be filed no later than by close of 
business, five business days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    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. Submissions should refer to the docket 
number (``Docket No. 2831'') in a prominent place on the cover page 
and/or the first page. The Commission's rules authorize filing 
submissions with the Secretary by facsimile or electronic means only to 
the extent permitted by section 201.8 of the rules (see Handbook for 
Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons 
with questions regarding electronic filing should contact the Secretary 
(202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.50(a)(4) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.50(a)(4)).

    By order of the Commission.

    Issued: July 18, 2011.
James R. Holbein,
Secretary to the Commission.

[FR Doc. 2011-18436 Filed 7-20-11; 8:45 am]
BILLING CODE 7020-02-P

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