Certain Dimmable Compact Fluorescent Lamps and Products Containing Same; Termination of an Investigation, 46368-46369 [2013-18392]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 46368 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Notices Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at EDIS.3 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 and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of the Clorox Company on July 25, 2013. 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 laundry and household cleaning products and related packaging. The complaint names as respondents Industrias Alen, S.A. de C.V. of Mexico; and Alen USA, LLC of TX. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and a bond upon respondents’ alleged infringing products during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would 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: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States 2 United States International Trade Commission (USITC): http://edis.usitc.gov. 3 Electronic Document Information System (EDIS): http://edis.usitc.gov. VerDate Mar<15>2010 16:14 Jul 30, 2013 Jkt 229001 relating to the requested remedial orders; (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar 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 electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by 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. 2969’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4). 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.5 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 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: July 25, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–18343 Filed 7–30–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–830] Certain Dimmable Compact Fluorescent Lamps and Products Containing Same; Termination of an Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to grant motions to terminate the abovecaptioned investigation as to the two remaining respondents on the basis of settlement and withdrawal of the complaint, resulting in termination of the investigation in its entirety. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2532. 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 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 February 27, 2012, based on a complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, Illinois (collectively, ‘‘Neptun’’). 77 FR 11587 (Feb. 27, 2012). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended 19 U.S.C. 1337, by reason of the infringement of certain claims of United States Patent SUMMARY: E:\FR\FM\31JYN1.SGM 31JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Notices Nos. 5,434,480 (‘‘the ’480 patent’’) and 8,035,318 (‘‘the ’318 patent’’). The complaint named numerous respondents, many of whom have been terminated from the investigation on the basis of settlement agreement, consent order, or withdrawal of the complaint. By the time of the Administrative Law Judge’s final Initial Determination (‘‘ID’’), the remaining respondents were: Technical Consumer Products, Inc. of Aurora, Ohio; Shanghai Qiangling Electronics Co., Ltd. of Shanghai, China; Zhejiang Qiang Ling Electronic Co. Ltd. of Zhenjiang, China (collectively, ‘‘TCP’’); U Lighting America Inc. of San Jose, California (‘‘ULA’’); and Golden U Lighting Manufacturing (Shenzhen) of Shenzhen, China (‘‘Golden U’’). Claim 9 of the ’480 patent has been asserted against ULA and Golden U, and claims 1 and 12 of the ’318 patent have been asserted against TCP. On February 27, 2013, the ALJ issued his final Initial Determination (‘‘ID’’). The ID found Golden U in default, but found no violation of section 337 as to all remaining respondents on the basis of Neptun’s failure to satisfy the economic prong of the domestic industry requirement of section 337. The ALJ also found that respondent TCP’s accused products do not infringe the asserted claims of the ’318 patent. On March 12, 2013, Neptun filed a petition for review of the ID; TCP and ULA each filed a contingent petition for review of the ID. On March 20, 2013, Neptun opposed TCP’s and ULA’s petitions, and TCP and ULA each opposed Neptun’s petition. On April 3, 2013, the Commission extended the whether-to-review deadline and the target date by approximately six weeks. Notice (Apr. 3, 2013). On June 10, 2013, Neptun and TCP filed an unopposed joint motion to terminate the investigation as to TCP on the basis of a settlement agreement between Neptun and TCP. On June 12, 2013, the Commission issued a notice terminating the investigation as to TCP. That notice also determined to review, inter alia, the ALJ’s finding that Neptun did not demonstrate the existence of a domestic industry. On June 25, 2013, Neptun and ULA filed briefs in response to the Commission notice. Neptun and ULA subsequently requested extensions of time for the filing of replies in order to enable them to submit a motion terminating the investigation against ULA. On July 10, 2013, Neptun and ULA moved to terminate the investigation against ULA on the basis of a settlement agreement. On July 15, 2013, Neptun moved to terminate the investigation against Golden U on the basis of VerDate Mar<15>2010 16:14 Jul 30, 2013 Jkt 229001 withdrawal of the complaint. Termination against these two respondents results in termination of the investigation. The Commission has determined that termination as to the remaining respondents is in the public interest, and the Commission has determined to grant both motions. The Commission thereby terminates the 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 210.21 and 210.42–46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.21, 210.42–46). By order of the Commission. Issued: July 26, 2013. Lisa R. Barton, Acting Secretary to the Commission. 46369 The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Texas v. San Antonio Water System, D.J. Ref. No. 90–5–1–1–09215. 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. Acting Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611. By mail ......... [FR Doc. 2013–18392 Filed 7–30–13; 8:45 am] During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// DEPARTMENT OF JUSTICE www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide Notice of Lodging of Proposed a paper copy of the Consent Decree Consent Decree Under the Clean Water upon written request and payment of Act reproduction costs. Please mail your request and payment to: Consent Decree On July 23, 2013, the Department of Library, U.S. DOJ—ENRD, P.O. Box Justice lodged a proposed Consent 7611, Washington, DC 20044–7611. Decree with the United States District Please enclose a check or money order Court for the Western District of Texas for $21.50 (25 cents per page in the lawsuit entitled United States and reproduction cost) payable to the United State of Texas v. San Antonio Water States Treasury for a copy of the System, Civil Action No. 5:13–cv– Consent Decree without the 00666. Appendices, or a check or money order This civil action for injunctive relief for $39.00 for a copy of the Consent and civil penalties was initiated Decree with Appendices A–H. pursuant to Sections 301 and 309 of the Robert E. Maher, Jr., Clean Water Act (‘‘CWA’’), 33 U.S.C. §§ 1311 and 1319, and provisions of the Assistant Section Chief, Environmental Enforcement Section, Environment and Texas Water Code (‘‘TWC’’) against the Natural Resources Division. San Antonio Water System (‘‘SAWS’’), [FR Doc. 2013–18404 Filed 7–30–13; 8:45 am] San Antonio, Bexar County, Texas, for: (a) Discharges of pollutants, including BILLING CODE 4410–15–P discharges from unpermitted point sources, in violation of Section 301 of DEPARTMENT OF JUSTICE the CWA, 33 U.S.C. § 1311, and provisions of the TWC; and (b) Drug Enforcement Administration violations of effluent limitations and other conditions established in National Importer of Controlled Substances; Pollutant Discharge Elimination System Notice of Application; Research (also known as Texas Pollutant Triangle Institute Discharge Elimination System or Pursuant to Title 21 Code of Federal TPDES) permits issued to SAWS. Under Regulations 1301.34 (a), this is notice the proposed Consent Decree, SAWS has agreed to implement comprehensive that on March 20, 2013, Research Triangle Institute, Poonam G. Pande, injunctive relief measures designed to address and eliminate illegal discharges Ph.D. RPH, RAC, Hermann Building, East Institute Drive, P.O. Box 12194, or sanitary sewer overflows and Research Triangle Park, North Carolina violations of effluent limits. SAWS will 27709, made application by renewal to pay a $2.6 million civil penalty, which the Drug Enforcement Administration will be split between the United States (DEA) for registration as an importer of and the State. BILLING CODE 7020–02–P PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Notices]
[Pages 46368-46369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18392]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-830]


Certain Dimmable Compact Fluorescent Lamps and Products 
Containing Same; Termination of an Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant motions to terminate the above-
captioned investigation as to the two remaining respondents on the 
basis of settlement and withdrawal of the complaint, resulting in 
termination of the investigation in its entirety.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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 
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 February 27, 2012, based on a complaint filed by Andrzej Bobel and 
Neptun Light, Inc., both of Lake Forest, Illinois (collectively, 
``Neptun''). 77 FR 11587 (Feb. 27, 2012). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended 19 
U.S.C. 1337, by reason of the infringement of certain claims of United 
States Patent

[[Page 46369]]

Nos. 5,434,480 (``the '480 patent'') and 8,035,318 (``the '318 
patent''). The complaint named numerous respondents, many of whom have 
been terminated from the investigation on the basis of settlement 
agreement, consent order, or withdrawal of the complaint. By the time 
of the Administrative Law Judge's final Initial Determination (``ID''), 
the remaining respondents were: Technical Consumer Products, Inc. of 
Aurora, Ohio; Shanghai Qiangling Electronics Co., Ltd. of Shanghai, 
China; Zhejiang Qiang Ling Electronic Co. Ltd. of Zhenjiang, China 
(collectively, ``TCP''); U Lighting America Inc. of San Jose, 
California (``ULA''); and Golden U Lighting Manufacturing (Shenzhen) of 
Shenzhen, China (``Golden U''). Claim 9 of the '480 patent has been 
asserted against ULA and Golden U, and claims 1 and 12 of the '318 
patent have been asserted against TCP.
    On February 27, 2013, the ALJ issued his final Initial 
Determination (``ID''). The ID found Golden U in default, but found no 
violation of section 337 as to all remaining respondents on the basis 
of Neptun's failure to satisfy the economic prong of the domestic 
industry requirement of section 337. The ALJ also found that respondent 
TCP's accused products do not infringe the asserted claims of the '318 
patent.
    On March 12, 2013, Neptun filed a petition for review of the ID; 
TCP and ULA each filed a contingent petition for review of the ID. On 
March 20, 2013, Neptun opposed TCP's and ULA's petitions, and TCP and 
ULA each opposed Neptun's petition. On April 3, 2013, the Commission 
extended the whether-to-review deadline and the target date by 
approximately six weeks. Notice (Apr. 3, 2013).
    On June 10, 2013, Neptun and TCP filed an unopposed joint motion to 
terminate the investigation as to TCP on the basis of a settlement 
agreement between Neptun and TCP. On June 12, 2013, the Commission 
issued a notice terminating the investigation as to TCP. That notice 
also determined to review, inter alia, the ALJ's finding that Neptun 
did not demonstrate the existence of a domestic industry. On June 25, 
2013, Neptun and ULA filed briefs in response to the Commission notice. 
Neptun and ULA subsequently requested extensions of time for the filing 
of replies in order to enable them to submit a motion terminating the 
investigation against ULA.
    On July 10, 2013, Neptun and ULA moved to terminate the 
investigation against ULA on the basis of a settlement agreement. On 
July 15, 2013, Neptun moved to terminate the investigation against 
Golden U on the basis of withdrawal of the complaint. Termination 
against these two respondents results in termination of the 
investigation. The Commission has determined that termination as to the 
remaining respondents is in the public interest, and the Commission has 
determined to grant both motions. The Commission thereby terminates the 
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 210.21 and 210.42-46 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.21, 210.42-46).

    By order of the Commission.
    Issued: July 26, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.

[FR Doc. 2013-18392 Filed 7-30-13; 8:45 am]
BILLING CODE 7020-02-P