Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation, 8210-8211 [2017-01481]
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8210
Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain magnetic tape
cartridges and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 6,345,779 (‘‘the ’779
patent’’); U.S. Patent No. 6,896,959 (‘‘the
’959 patent’’); U.S. Patent No. 7,016,137
(‘‘the ’137 patent’’); and U.S. Patent No.
7,115,331 (‘‘the ’331 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
(2016).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
January 17, 2017, 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 magnetic tape
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19:36 Jan 23, 2017
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cartridges and components thereof by
reason of infringement of one or more of
claims 1–6 of the ’779 patent; claims 1,
2, 4–9, 13, 16, and 17 of the ’959 patent;
claims 1–5 of the ’137 patent; and
claims 1–3, 7, 9–11, 13, 14, 16, and 17
of the ’331 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)(l), (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:
Sony Corporation, 1–7–1 Konan,
Minato-ku, Tokyo 108–0075, Japan
Sony Storage Media and Devices
Corporation, 3–4–1 Sakuragi, Tagajo,
Miyagi 985–0842, Japan
Sony DADC US Inc., 1800 North
Fruitridge Avenue, Terre Haute, IN
47804
Sony Latin America Inc., 5201 Blue
Lagoon Drive, Suite 400, Miami, FL
33126
(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:
Fujifilm Holdings Corporation, 7–3
Akasaka 9-chome, Minato-ku, Tokyo
107–0052, Japan
Fujifilm Corporation, 7–3 Akasaka 9chome, Minato-ku, Tokyo 107–0052,
Japan
Fujifilm Holdings America Corporation,
200 Summit Lake Drive, Valhalla, NY
10595
Fujifilm Recording Media U.S.A., Inc.,
45 Crosby Drive, Bedford, MA 01730–
1401
(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
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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: January 18, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–01531 Filed 1–23–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1027]
Certain Food Supplements and
Vitamins, Including Ocular
Antioxidants and Components Thereof
and Products Containing the Same;
Commission Determination Not To
Review an Initial Determination
Terminating the Investigation Based
on Settlement; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 8) terminating the
investigation based on settlement.
FOR FURTHER INFORMATION CONTACT:
Amanda P. Fisherow, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
SUMMARY:
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices
205–2737. 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 November 8, 2016, based on a
complaint filed by Kemin Industries,
Inc. and Kemin Foods, L.C. both of Des
Moines, Iowa (collectively,
‘‘complainants’’). 81 FR 78634–35 (Nov.
8, 2016). The complaint alleges
violations of Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, by reason of infringement of
certain claims of U.S. Patent Nos.
8,815,955 and 9,226,940. The complaint
further alleges the existence of a
domestic industry. The notice of
investigation named as respondents
OmniActive Health Technologies of
Mumbai, India and OmniActive Health
Technologies, Inc. of Morristown, New
Jersey (collectively, ‘‘respondents’’). Id.
at 78635. The Office of Unfair Import
Investigations was not named as a party.
On December 13, 2016, complainants
and respondents filed a joint motion to
terminate the investigation based on
settlement. The parties represent that
the settlement agreement reflects the
entire and only agreement between the
parties regarding the subject matter of
the investigation and that there are no
other agreement, written or oral, express
or implied between the parties
concerning the subject matter of the
investigation.
On December 28, 2016, the ALJ
granted the joint motion to terminate the
investigation based on settlement. The
ALJ found that the parties’ submissions,
including a modified public version of
the settlement agreement submitted on
December 22, 2016, satisfy the
Commission’s rules. The ALJ found that
the termination of this investigation
based on settlement does not pose any
public interest concerns. The ALJ also
found that it is in the interest of the
public and administrative economy to
grant the motion.
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No petitions for review of the subject
ID were filed, and the Commission has
determined not to review the ID. The
investigation is terminated.
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 part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: January 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–01481 Filed 1–23–17; 8:45 am]
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and implement injunctive relief to abate
releases or threatened releases from the
mine sites.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Cyprus Amax Minerals
Company and Western Nuclear, Inc.,
D.J. Ref. No. 90–11–2–10823/1. 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:
BILLING CODE 7020–02–P
To submit
comments:
By email .......
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation Liability Act
(‘‘CERCLA’’)
On January 17, 2017, the Department
of Justice lodged a proposed Consent
Decree (‘‘Decree’’) with the United
States District Court for the District of
Arizona in the lawsuit entitled United
States v. Cyprus Amax Minerals
Company and Western Nuclear, Inc.,
Civil Action No. 2:17–cv–00140.
In this action, the United States and
the Navajo Nation filed complaints
against Cyprus Amax Minerals
Company and Western Nuclear, Inc.
(‘‘Defendants’’) seeking past and future
response costs and injunctive relief
under Sections 106 and 107 of the
Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9606 and 9607. The
United States and the Navajo Nation
concurrently lodged a Consent Decree
resolving the claims alleged in the
complaint. The Defendants, through
either their corporate predecessors or
past activities, operated mine sites on
the Navajo Nation. There are Navajo
Nation communities located close to the
mine sites, on and near the Navajo
Nation Reservation, and downstream
and down-wind from the waste piles on
the mine sites. There have been or may
be releases and/or threatened releases of
hazardous substances from the mine
sites formerly operated by the
Defendants into the environment at each
of the mine sites. More specifically,
there have been or may be releases and/
or threatened releases of uranium and
radium-226, each of which constitutes a
hazardous substance. The Decree
requires the Settling Defendants to pay
past and future response costs to EPA
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Send them to:
pubcomment-ees.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 Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree 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 $15.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Commenters should be aware that
comments received are submitted to the
Court as a public filing, and may be
submitted to counsel and other parties
associated with the litigation.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2017–01565 Filed 1–23–17; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Third
Partial Consent Decree Under the
Clean Air Act
On January 11, 2017, the Department
of Justice lodged a proposed Third
Partial Consent Decree with the United
States District Court for the Northern
District of California in the lawsuit
entitled In re: Volkswagen ‘‘Clean
Diesel’’ Marketing, Sales Practices, and
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Agencies
[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8210-8211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01481]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1027]
Certain Food Supplements and Vitamins, Including Ocular
Antioxidants and Components Thereof and Products Containing the Same;
Commission Determination Not To Review an Initial Determination
Terminating the Investigation Based on Settlement; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8)
terminating the investigation based on settlement.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
[[Page 8211]]
205-2737. 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 November 8, 2016, based on a complaint filed by Kemin Industries,
Inc. and Kemin Foods, L.C. both of Des Moines, Iowa (collectively,
``complainants''). 81 FR 78634-35 (Nov. 8, 2016). The complaint alleges
violations of Section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent
Nos. 8,815,955 and 9,226,940. The complaint further alleges the
existence of a domestic industry. The notice of investigation named as
respondents OmniActive Health Technologies of Mumbai, India and
OmniActive Health Technologies, Inc. of Morristown, New Jersey
(collectively, ``respondents''). Id. at 78635. The Office of Unfair
Import Investigations was not named as a party.
On December 13, 2016, complainants and respondents filed a joint
motion to terminate the investigation based on settlement. The parties
represent that the settlement agreement reflects the entire and only
agreement between the parties regarding the subject matter of the
investigation and that there are no other agreement, written or oral,
express or implied between the parties concerning the subject matter of
the investigation.
On December 28, 2016, the ALJ granted the joint motion to terminate
the investigation based on settlement. The ALJ found that the parties'
submissions, including a modified public version of the settlement
agreement submitted on December 22, 2016, satisfy the Commission's
rules. The ALJ found that the termination of this investigation based
on settlement does not pose any public interest concerns. The ALJ also
found that it is in the interest of the public and administrative
economy to grant the motion.
No petitions for review of the subject ID were filed, and the
Commission has determined not to review the ID. The investigation is
terminated.
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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: January 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01481 Filed 1-23-17; 8:45 am]
BILLING CODE 7020-02-P