Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing the Same, and Power Tools Products With Lithium-Ion Batteries Containing Same; Institution of Investigation, 16695-16696 [2015-07146]

Download as PDF Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices Falls Church, VA 22041; fax (703) 358– 2281; or email DMAFR@fws.gov. FOR FURTHER INFORMATION CONTACT: Brenda Tapia, (703) 358–2104 (telephone); (703) 358–2281 (fax); DMAFR@fws.gov (email). SUPPLEMENTARY INFORMATION: I. Public Comment Procedures mstockstill on DSK4VPTVN1PROD with NOTICES A. How do I request copies of applications or comment on submitted applications? Send your request for copies of applications or comments and materials concerning any of the applications to the contact listed under ADDRESSES. Please include the Federal Register notice publication date, the PRTnumber, and the name of the applicant in your request or submission. We will not consider requests or comments sent to an email or address not listed under ADDRESSES. If you provide an email address in your request for copies of applications, we will attempt to respond to your request electronically. Please make your requests or comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES). B. May I review comments submitted by others? Comments, including names and street addresses of respondents, will be available for public review at the street address listed under ADDRESSES. The public may review documents and other information applicants have sent in support of the application unless our allowing viewing would violate the Privacy Act or Freedom of Information Act. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment VerDate Sep<11>2014 19:57 Mar 27, 2015 Jkt 235001 to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. II. Background To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), along with Executive Order 13576, ‘‘Delivering an Efficient, Effective, and Accountable Government,’’ and the President’s Memorandum for the Heads of Executive Departments and Agencies of January 21, 2009—Transparency and Open Government (74 FR 4685; January 26, 2009), which call on all Federal agencies to promote openness and transparency in Government by disclosing information to the public, we invite public comment on these permit applications before final action is taken. Under the MMPA, you may request a hearing on any MMPA application received. If you request a hearing, give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Service Director. III. Permit Applications A. Endangered Species Applicant: Houston Zoo Inc., Houston, TX; PRT–45248B The applicant requests a permit to export one female curassow (Crax alberti) from Houston Zoo, Houston, Texas to Nago Zoological and Botanical Gardens, Okinawa, Japan, for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5year period. Applicant: Disney’s Animal Kingdom, Bay Lake, FL; PRT–53174B The applicant requests a permit to export feathers from captive-bred pink pigeons (Nesoenas mayeri) for the purpose of scientific research. Applicant: The Wild Animal Park, Chittenango, NY; PRT–56456B The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for giant tortoises (Chelonoidis nigra), radiated tortoises (Astrochelys radiata), ring-tailed lemurs (Lemur catta), snow leopards (Uncia uncia), and leopards (Panthera pardus) to enhance the species’ propagation or survival. This notification covers activities to be conducted by the applicant over a 5year period. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 16695 Applicant: USFWS/Ecological Services Field Office, Cheyenne, WY; PRT– 219999 The applicant requests renewal of their permit to export to and import from Toronto Zoo, Toronto, Ontario, Canada, captive hatched Wyoming toads (Bufo hemiophrys baxteri) for the purposes of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period. Applicant: Edgar Hinkle, Lexington, NC; PRT–59964B The applicant requests a permit to import a sport-hunted trophy of one male bontebok (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. B. Endangered Marine Mammals and Marine Mammals Applicant: Tom Smith, Brigham Young University, Provo, UT; PRT–225854 The applicant requests a renewal of the permit to authorize harassment of polar bears (Ursus maritimus) by adjusting the video camera equipment, conducting aerial surveys, and conducting ground-truth surveys with snowmobiles near dens for the purpose of scientific research. This notification covers activities to be conducted by the applicant over the remainder of the 5year period of the permit. Concurrent with publishing this notice in the Federal Register, we are forwarding copies of the above applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority. [FR Doc. 2015–07218 Filed 3–27–15; 8:45 am] BILLING CODE 4310–55–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–951] Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing the Same, and Power Tools Products With Lithium-Ion Batteries Containing Same; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: E:\FR\FM\30MRN1.SGM 30MRN1 16696 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 20, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of BASF Corporation of Florham Park, New Jersey and UChicago Argonne LLC of Lemont, Illinois. A letter supplementing the complaint was filed on March 13, 2015. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lithium metal oxide cathode materials, lithium metalion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same by reason of infringement of certain claims of U.S. Patent No. 6,677,082 (‘‘the ’082 patent’’) and U.S. Patent No. 6,680,143 (‘‘the ’143 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. SUMMARY: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. ADDRESSES: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2014). VerDate Sep<11>2014 21:48 Mar 27, 2015 Jkt 235001 Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 23, 2015, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) 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 lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same by reason of infringement of one or more of claims 1–4, 7, 8, 13, and 14 of the ’082 patent and claims 1–4, 8, 9, and 17 of the ’143 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: BASF Corporation, 100 Campus Drive, Florham Park, NJ 07932 UChicago Argonne LLC, 9700 S. Cass Avenue, Lemont, IL 60439 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Umicore N.V., Broekstraat 31, 1000 Brussels, Belgium Umicore USA Inc., 3600 Glenwood Avenue, Suite 250, Raleigh, NC 27612 Makita Corporation, 3–11–8, Sumiyoschino, 446–0072 Anjo 446– 0072 Aichi, Japan Makita Corporation of America, 2650 Buford Highway, Buford, GA 30518 Makita U.S.A. Inc., 14930 Northam Street, La Mirada, CA 90638 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 24, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–07146 Filed 3–27–15; 8:45 am] BILLING CODE 7020–02–P UNITED STATES INTERNATIONAL TRADE COMMISSION [USITC SE–15–011] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: April 3, 2015 at 9:00 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote in Inv. No. 731–TA–1269 (Preliminary) (Silicomanganese from Australia). The Commission is currently scheduled to complete and file its determination on April 6, 2015; views of AGENCY HOLDING THE MEETING: E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16695-16696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07146]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-951]


Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion 
Batteries for Power Tool Products Containing the Same, and Power Tools 
Products With Lithium-Ion Batteries Containing Same; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 16696]]

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 20, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
BASF Corporation of Florham Park, New Jersey and UChicago Argonne LLC 
of Lemont, Illinois. A letter supplementing the complaint was filed on 
March 13, 2015. The complaint, as supplemented, alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain lithium metal oxide cathode materials, lithium 
metal-ion batteries for power tool products containing same, and power 
tool products with lithium-ion batteries containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,677,082 (``the '082 
patent'') and U.S. Patent No. 6,680,143 (``the '143 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 23, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 lithium 
metal oxide cathode materials, lithium-ion batteries for power tool 
products containing same, and power tool products with lithium-ion 
batteries containing same by reason of infringement of one or more of 
claims 1-4, 7, 8, 13, and 14 of the '082 patent and claims 1-4, 8, 9, 
and 17 of the '143 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

BASF Corporation, 100 Campus Drive, Florham Park, NJ 07932
UChicago Argonne LLC, 9700 S. Cass Avenue, Lemont, IL 60439

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Umicore N.V., Broekstraat 31, 1000 Brussels, Belgium
Umicore USA Inc., 3600 Glenwood Avenue, Suite 250, Raleigh, NC 27612
Makita Corporation, 3-11-8, Sumiyoschino, 446-0072 Anjo 446-0072 Aichi, 
Japan
Makita Corporation of America, 2650 Buford Highway, Buford, GA 30518
Makita U.S.A. Inc., 14930 Northam Street, La Mirada, CA 90638

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 24, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-07146 Filed 3-27-15; 8:45 am]
 BILLING CODE 7020-02-P

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