Notice of Lodging of Proposed Consent Decree under the Comprehensive Environmental Response, Compensation and Liability Act and Proposed Stipulated Judgment and Permanent Injunction Under the Resource Conservation and Recovery Act, 72386 [2012-29265]
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Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Notices
of Osaka, Japan (‘‘Kaneka’’), and
supplemented on June 24 and 27, 2011.
76 FR 42729 (July 19, 2011). The
complaint alleged violations of Section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the sale for
importation, importation, or sale after
importation into the United States of
certain coenzyme Q10 products by
reason of infringement of certain claims
of the ‘340 patent. The Commission’s
notice of investigation named as
respondents Zhejiang Medicine Co., Ltd.
of Zhejiang, China; ZMC–USA, LLC of
The Woodlands, Texas; Xiamen
Kingdomway Group Co. of Xiamen,
China; Pacific Rainbow International
Inc. of City of Industry, California; MGC
of Tokyo, Japan; Maypro Industries, Inc.
of Purchase, New York (‘‘Maypro Inc.’’);
and Shenzhou Biology & Technology
Co., Ltd. of Beijing, China.
On January 12, 2012, the Commission
issued notice of its determination not to
review an ID granting a motion to
amend the complaint and notice of
investigation to add a new respondent,
Mitsubishi Gas Chemical America, Inc.
of New York, New York and to replace
respondent Maypro Inc. with Maypro
Industries, LLC of Purchase, New York.
An evidentiary hearing was held from
July 9–13, 2012.
On September 27, 2012, the presiding
ALJ (Judge Rogers) issued a final initial
determination (‘‘final ID’’ or ‘‘ID’’)
finding no violation of section 337. The
ALJ also issued a recommended
determination on remedy and bonding.
Specifically, the ALJ found that the
imported products were not shown to be
manufactured by processes covered by
the asserted claims. The ALJ found that
Kaneka satisfied the economic prong of
the domestic industry requirement but
failed to satisfy the technical prong of
the domestic industry requirement. The
ALJ found that the asserted claims were
not shown to be invalid.
On October 10, 2012, Kaneka filed a
petition for review of the final ID. The
Respondents and the Commission
investigative attorney (‘‘IA’’) filed
contingent petitions for review. On
October 18, 2012, each party filed a
response (with Kaneka filing separate
responses to the Respondents and the
IA).
Having reviewed the final ID, the
petitions for review, and the record in
this investigation, the Commission has
determined the following: (1) To review
and affirm (a) the finding that MGC does
not satisfy the 70 mole % limitation,
and (b) the claim construction of ‘‘inert
gas atmosphere’’ with respect to the
asserted claims of the ‘340 patent; (2) to
review and vacate the finding that the
asserted claims of the ‘340 patent are
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17:19 Dec 04, 2012
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not invalid under the new matter
prohibition of 35 U.S.C. § 132; and (3)
not to review the remainder of the final
initial determination of the ALJ,
including the ALJ’s finding that certain
asserted claims of ‘340 patent are not
invalid under 35 U.S.C. 112. This action
terminates the investigation.
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 section 210.42(h) of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42(h)).
By order of the Commission.
Issued: November 29, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–29311 Filed 12–4–12; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree under the
Comprehensive Environmental
Response, Compensation and Liability
Act and Proposed Stipulated
Judgment and Permanent Injunction
Under the Resource Conservation and
Recovery Act
On November 28, 2012, the
Department of Justice lodged a proposed
Consent Decree and Stipulated
Judgment and Permanent Injunction
with the United States District Court for
the District of Utah in the lawsuit
entitled United States v. Parish
Chemical Company and Uintah
Pharmaceutical Corporation, Civil
Action No. 09–804.
This action involves the claim of the
United States under Section 107(a) of
the Comprehensive Environmental
Response, Compensation and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), for
reimbursement of its unreimbursed
response costs (‘‘CERCLA Claim’’)
incurred in response to releases and/or
threatened releases of hazardous
substances at the Parish Chemical
Company (‘‘PCC’’) chemical
manufacturing facility located at 145 N.
Geneva Road, Vineyard Utah (‘‘PCC
Facility’’). This action also involves
multiple claims of the United States
under the Resource Conservation and
Recovery Act, as amended, 42 U.S.C.
6901 et seq. (‘‘RCRA’’), to obtain
injunctive relief and civil penalties
(‘‘RCRA Claims’’) for multiple violations
of RCRA at the PCC Facility. The
Consent Decree provides for the entry of
a judgment in the amount of
$908,348.57 against the Defendants, and
obligates the Defendants to transfer
PO 00000
Frm 00068
Fmt 4703
Sfmt 9990
possession of the PCC facility into a
trust to resolve the United States’
CERCLA Claim. The Stipulated
Judgment and Permanent Injunction
provide for a $100,000 civil penalty to
be adjudged against PCC, and the entry
of a permanent injunction against PCC
to resolve the United States’ RCRA
Claims.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree and
Stipulated Judgment and Permanent
Injunction. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States versus Parish Chemical
Company and Uintah Pharmaceutical
Corporation, Civil Action No. 09–804.,
D.J. Ref. No. 90–11–2–1215/1. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By e-mail ....
pubcommentees.enrd@usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC
20044–7611.
By mail .......
During the public comment period,
the proposed Consent Decree and
Stipulated Judgment and Permanent
Injunction may be examined and
downloaded at this Justice Department
Web site: https://www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
a paper copy of the proposed Consent
Decree and Stipulated Judgment and
Permanent Injunction upon written
request and payment of reproduction
costs. Please mail your request and
payment to:
Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington,
DC 20044–7611.
Please enclose a check or money order
for $13.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2012–29265 Filed 12–4–12; 8:45 am]
BILLING CODE 4410–15–P
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]]>Agencies
[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Page 72386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29265]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree under the
Comprehensive Environmental Response, Compensation and Liability Act
and Proposed Stipulated Judgment and Permanent Injunction Under the
Resource Conservation and Recovery Act
On November 28, 2012, the Department of Justice lodged a proposed
Consent Decree and Stipulated Judgment and Permanent Injunction with
the United States District Court for the District of Utah in the
lawsuit entitled United States v. Parish Chemical Company and Uintah
Pharmaceutical Corporation, Civil Action No. 09-804.
This action involves the claim of the United States under Section
107(a) of the Comprehensive Environmental Response, Compensation and
Liability Act (``CERCLA''), 42 U.S.C. 9607(a), for reimbursement of its
unreimbursed response costs (``CERCLA Claim'') incurred in response to
releases and/or threatened releases of hazardous substances at the
Parish Chemical Company (``PCC'') chemical manufacturing facility
located at 145 N. Geneva Road, Vineyard Utah (``PCC Facility''). This
action also involves multiple claims of the United States under the
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et
seq. (``RCRA''), to obtain injunctive relief and civil penalties
(``RCRA Claims'') for multiple violations of RCRA at the PCC Facility.
The Consent Decree provides for the entry of a judgment in the amount
of $908,348.57 against the Defendants, and obligates the Defendants to
transfer possession of the PCC facility into a trust to resolve the
United States' CERCLA Claim. The Stipulated Judgment and Permanent
Injunction provide for a $100,000 civil penalty to be adjudged against
PCC, and the entry of a permanent injunction against PCC to resolve the
United States' RCRA Claims.
The publication of this notice opens a period for public comment on
the proposed Consent Decree and Stipulated Judgment and Permanent
Injunction. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States versus Parish Chemical Company and Uintah
Pharmaceutical Corporation, Civil Action No. 09-804., D.J. Ref. No. 90-
11-2-1215/1. All comments must be submitted no later than thirty (30)
days after the publication date of this notice. Comments may be
submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By e-mail.............................. pubcomment-ees.enrd@usdoj.gov.
By mail................................ Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree and
Stipulated Judgment and Permanent Injunction may be examined and
downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the
proposed Consent Decree and Stipulated Judgment and Permanent
Injunction upon written request and payment of reproduction costs.
Please mail your request and payment to:
Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC
20044-7611.
Please enclose a check or money order for $13.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-29265 Filed 12-4-12; 8:45 am]
BILLING CODE 4410-15-P
