Certain Starter Motors and Alternators; Notice of Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of Investigation, 20418-20419 [2012-8045]

Download as PDF 20418 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 2891’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https:// www.usitc.gov/secretary/ fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with questions regarding 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 and on EDIS. 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 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: March 29, 2012. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–7976 Filed 4–3–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–755] Certain Starter Motors and Alternators; Notice of Issuance of a Limited 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 terminated the abovecaptioned investigation under section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and has issued a limited exclusion order and a cease and desist order against respondent American Automotive Parts, Inc. (‘‘AAP’’) of Niles, Illinois, which emcdonald on DSK29S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 was previously found in default in the above-captioned investigation. 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) 708–2310. 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 on January 19, 2011, based on a complaint filed by Remy International, Inc. and Remy Technologies, L.L.C. (collectively, ‘‘Remy’’), both of Pendleton, Indiana. 76 FR 3158 (Jan. 19, 2011). 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 of certain starter motors and alternators by reason of infringement of certain claims of U.S. Patent Nos. 5,105,114 (‘‘the ‘114 patent’’); 5,252,878; 5,268,605 (‘‘the ’605 patent’’); 5,295,404; 5,307,700; 5,315,195 (‘‘the ’195 patent’’); and 5,453,648 (‘‘the ’648 patent’’). The notice of investigation, as amended, named ten respondents including AAP. The complaint and notice of investigation were served on AAP on January 13, 2011. AAP failed to respond to the complaint and notice of investigation. The ’114 patent was terminated from the investigation based on partial withdrawal by Remy, and all other respondents have been terminated from the investigation based on either a consent order or a settlement agreement. Claims 1 and 4 of the ’605 patent, claims 1–6 of the ’195 patent, and claims 1, 5, and 10 of the ’648 patent were asserted against AAP. The presiding administrative law judge (‘‘ALJ’’) issued an initial determination (‘‘ID’’) on December 22, 2011, finding AAP in default, pursuant to 19 CFR 210.13 and 210.16, because PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 respondent did not respond to the complaint and notice of investigation, or to the ALJ’s December 13, 2011 order to show cause. On January 14, 2012, the Commission issued notice of its determination not to review the ID finding AAP in default. On February 9, 2012, the Commission issued a Notice that requested briefing from interested parties on remedy, the public interest, and bonding with respect to respondent AAP found in default. 77 FR 8898–00 (Feb. 15, 2012). Both Remy and the Commission investigative attorney (‘‘IA’’) submitted briefing on remedy, the public interest, and bonding along with proposed orders on March 2, 2012. The IA also submitted a reply brief on March 9, 2012, containing revised orders. The Commission found that the statutory requirements of section 337(g)(1)(A)–(E) (19 U.S.C. 1337(g)(1)(A)–(E)) were met with respect to the defaulting respondent. Accordingly, pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR 210.16(c)), the Commission presumed the facts alleged in the complaint to be true. The Commission has determined that the appropriate form of relief is the following: (1) A limited exclusion order prohibiting the unlicensed entry of alternators that infringe one or more of claims 1 and 4 of the ‘605 patent, claims 1–6 of the ‘195 patent, or claims 1, 5, and 10 of the ‘648 patent, which are manufactured abroad by or on behalf of, or are imported by or on behalf of, AAP, or any of its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or its successors or assigns; and (2) a cease and desist order prohibiting AAP from conducting any of the following activities in the United States: importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for alternators that infringe one or more of claims 1 and 4 of the ’605 patent, claims 1–6 of the ’195 patent, or claims 1, 5, and 10 of the ’648 patent. The Commission has further determined that the public interest factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude issuance of the limited exclusion order or the cease and desist order. Finally, the Commission has determined that a bond of 100 percent of the entered value of the covered products is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices orders were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has 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 in sections 210.16(c) and 210.41 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c) and 210.41). By order of the Commission. Issued: March 30, 2012. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–8045 Filed 4–3–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE emcdonald on DSK29S0YB1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on March 28, 2012, a proposed Consent Decree in United States v. Forward, Inc., Civil Action No. 2:11–cv–00590–EFB, was lodged with the United States District Court for the Eastern District of California. In this action the United States sought injunctive relief and civil penalties against defendant Forward, Inc., pursuant to Section 113(b) of the Clean Air Act (Act), 42 U.S.C. 7413(b), in connection with activities at the Forward Landfill in Manteca, California. The United States’ complaint, filed concurrently with the Consent Decree, alleges that Forward violated the Act by operating gas extraction wells in the landfill’s gas collection and control system (GCCS) in violation of the Act’s New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants, and in violation of the Title V permit it had received from the San Joaquin Valley Unified Air Pollution Control District (District), the United States’ co-plaintiff in the action. The Consent Decree would require Forward to improve the GCCS by installing new extraction wells and closing unneeded wells, to implement specific operations and maintenance actions to minimize air intrusion and the likelihood of subsurface fires at the landfill, to replace trucks in the landfill’s fleet with less polluting vehicles, and to pay a civil penalty of $200,000, to be shared with the District. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed 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. Forward, Inc., No. 2:11–cv– 00590–EFB (E.D. Cal.), D.J. Ref. 90–5–2– 1–09873. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, to https:// 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 emailing a request to ‘‘Consent Decree Copy’’(EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–5271. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $9.25 payable to the U.S. Treasury or, if requesting by email or fax, forward a check in that amount to the Consent Decree Library at the address given above. Henry S. Friedman, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–8033 Filed 4–3–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Antitrust Division United States v. Humana Inc. and Arcadian Management Services, Inc.; Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Final Judgment, Stipulation, and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia, in United States v. Humana Inc. and Arcadian Management Services, Inc., Civil Action No. 12-cv00464. On March 27, 2012, the United States filed a Complaint alleging that the proposed acquisition by Humana Inc. of Arcadian Management Services, Inc. would violate Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment filed at the same time as the Complaint requires the parties to divest PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 20419 health plans in 51 counties and parishes in Arizona, Arkansas, Louisiana, Oklahoma, and Texas. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection at the Department of Justice, Antitrust Division, Antitrust Documents Group, 450 Fifth Street, NW., Suite 1010, Washington, DC 20530 (telephone: 202 514–2481), and on the Department of Justice’s Web site at https:// www.usdoj.gov/atr, and at the Office of the Clerk of the United States District Court for the District of Columbia. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Public comment is invited within 60 days of the date of this notice. Such comments and responses thereto will be published in the Federal Register and filed with the Court. Comments should be directed to Joshua H. Soven, Chief, Litigation I Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW., Suite 4100, Washington, DC 20530 (telephone: 202–307–0827). Patricia A. Brink, Director of Civil Enforcement. United States District Court for the District of Columbia United States of America, United States Department of Justice, Antitrust Division, Litigation I Section, 450 Fifth Street, NW., Suite 4100, Washington, DC 20530, Plaintiff, v. Humana Inc., 500 West Main Street, Louisville, KY 40202, and Arcadian Management Services, Inc., 500 12th Street, Suite 340, Oakland, CA 94607, Defendants. Case: 1:12-cv-00464. Assigned to: Walton, Reggie B. Assign. Date: 3/27/2012. Description: Antitrust. Complaint The United States of America (‘‘United States’’), acting under the direction of the Attorney General of the United States, brings this civil action to enjoin Humana Inc. (‘‘Humana’’) from acquiring Arcadian Management Services, Inc. (‘‘Arcadian’’). The United States alleges as follows: 1. Unless enjoined, Humana’s proposed acquisition of Arcadian will substantially lessen competition in the sale of Medicare Advantage health insurance plans sold to Medicareeligible individuals (‘‘the relevant product market’’) in forty-five counties and parishes in Arizona, Arkansas, Louisiana, Oklahoma, and Texas (‘‘the relevant geographic markets’’). 2. A Medicare Advantage plan is a health insurance product sold by a E:\FR\FM\04APN1.SGM 04APN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20418-20419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8045]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-755]


Certain Starter Motors and Alternators; Notice of Issuance of a 
Limited 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 terminated the above-captioned investigation under 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
has issued a limited exclusion order and a cease and desist order 
against respondent American Automotive Parts, Inc. (``AAP'') of Niles, 
Illinois, which was previously found in default in the above-captioned 
investigation.

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) 708-2310. 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 
on January 19, 2011, based on a complaint filed by Remy International, 
Inc. and Remy Technologies, L.L.C. (collectively, ``Remy''), both of 
Pendleton, Indiana. 76 FR 3158 (Jan. 19, 2011). 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 of certain starter motors and 
alternators by reason of infringement of certain claims of U.S. Patent 
Nos. 5,105,114 (``the `114 patent''); 5,252,878; 5,268,605 (``the '605 
patent''); 5,295,404; 5,307,700; 5,315,195 (``the '195 patent''); and 
5,453,648 (``the '648 patent''). The notice of investigation, as 
amended, named ten respondents including AAP. The complaint and notice 
of investigation were served on AAP on January 13, 2011. AAP failed to 
respond to the complaint and notice of investigation. The '114 patent 
was terminated from the investigation based on partial withdrawal by 
Remy, and all other respondents have been terminated from the 
investigation based on either a consent order or a settlement 
agreement. Claims 1 and 4 of the '605 patent, claims 1-6 of the '195 
patent, and claims 1, 5, and 10 of the '648 patent were asserted 
against AAP.
    The presiding administrative law judge (``ALJ'') issued an initial 
determination (``ID'') on December 22, 2011, finding AAP in default, 
pursuant to 19 CFR 210.13 and 210.16, because respondent did not 
respond to the complaint and notice of investigation, or to the ALJ's 
December 13, 2011 order to show cause. On January 14, 2012, the 
Commission issued notice of its determination not to review the ID 
finding AAP in default.
    On February 9, 2012, the Commission issued a Notice that requested 
briefing from interested parties on remedy, the public interest, and 
bonding with respect to respondent AAP found in default. 77 FR 8898-00 
(Feb. 15, 2012).
    Both Remy and the Commission investigative attorney (``IA'') 
submitted briefing on remedy, the public interest, and bonding along 
with proposed orders on March 2, 2012. The IA also submitted a reply 
brief on March 9, 2012, containing revised orders.
    The Commission found that the statutory requirements of section 
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to 
the defaulting respondent. Accordingly, pursuant to section 337(g)(1) 
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR 
210.16(c)), the Commission presumed the facts alleged in the complaint 
to be true.
    The Commission has determined that the appropriate form of relief 
is the following: (1) A limited exclusion order prohibiting the 
unlicensed entry of alternators that infringe one or more of claims 1 
and 4 of the `605 patent, claims 1-6 of the `195 patent, or claims 1, 
5, and 10 of the `648 patent, which are manufactured abroad by or on 
behalf of, or are imported by or on behalf of, AAP, or any of its 
affiliated companies, parents, subsidiaries, licensees, contractors, or 
other related business entities, or its successors or assigns; and (2) 
a cease and desist order prohibiting AAP from conducting any of the 
following activities in the United States: importing, selling, 
marketing, advertising, distributing, offering for sale, transferring 
(except for exportation), and soliciting U.S. agents or distributors 
for alternators that infringe one or more of claims 1 and 4 of the '605 
patent, claims 1-6 of the '195 patent, or claims 1, 5, and 10 of the 
'648 patent.
    The Commission has further determined that the public interest 
factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not 
preclude issuance of the limited exclusion order or the cease and 
desist order. Finally, the Commission has determined that a bond of 100 
percent of the entered value of the covered products is required to 
permit temporary importation during the period of Presidential review 
(19 U.S.C. 1337(j)). The Commission's

[[Page 20419]]

orders were delivered to the President and to the United States Trade 
Representative on the day of their issuance.
    The Commission has 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 in sections 
210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and 210.41).

    By order of the Commission.

    Issued: March 30, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8045 Filed 4-3-12; 8:45 am]
BILLING CODE 7020-02-P

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