Notices. Institution of investigation pursuant to 19 U
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BILLING CODE 4310-32-M INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-604] In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 6, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Tate & Lyle Technology Limited of London, United Kingdom and Tate & Lyle Sucralose, Inc. of Decatur, Illinois.
Supplemental letters were filed on April 13, April 18, April 23, and April 25, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain sucralose, sweeteners containing sucralose, and related intermediate compounds thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,470,969, 5,034,551, 4,980,463, 5,498,709, and 7,049,435.
The complaint, as supplemented, 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 general exclusion order and permanent cease and desist orders. ADDRESSES: The complaint and supplement, except for any confidential information contained therein, are 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 *http://www.usitc.gov* .
The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://www.usitc.gov/secretary/edis.htm* . FOR FURTHER INFORMATION CONTACT: Anne M. Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2574. 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 (2006). *Scope of Investigation* : Having considered the complaint, the U.S. International Trade Commission, on May 7, 2007, *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 sucralose, sweeteners containing sucralose, and related intermediates compounds thereof by reason of infringement of one or more of claims 20-26, 28, and 29 of U.S. Patent No. 5,470,969; claims 1-4 and 11-22 of U.S. Patent No. 5,034,551; claims 1-3 and 16-18 of U.S. Patent No. 4,980,463; claims 8, 9, and 13 of U.S. Patent No. 5,498,709; and claim 1 of U.S. Patent No. 7,049,435; and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)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—Tate & Lyle Technology Limited, Sugar Quay, Lower Thames Street, London EC3R 6DQ, United Kingdom. Tate & Lyle Sucralose, Inc., 2200 East Eldorado Street, Decatur, IL 62525.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint, as supplemented, is to be served: AIDP, Inc., 17920 East Ajax Circle, City of Industry, California 91748. Beijing Forbest Chemical Co., Ltd, Room 2 1801, Building 2, Yard 3, District 1, Fangqunyuan, Fangzhuang, Fengtai District, Beijing 100078, People's Republic of China. Beijing Forbest Trade Co., Ltd., Room 2 1801, Building 2, Yard 3, District 1, Fangqunyuan, Fangzhuang, Fengtai District, Beijing 100078, People's Republic of China. Forbest International USA, LLC, 131 Fieldcrest Avenue, Suite B, Edison, New Jersey 08873. Changzhou Niutang Chemical Plant Co., Ltd., No. 51 Yanzhang Road, Niutang Town, Changzhong, Jiangsu 213263, People's Republic of China. U.S. Niutang Chemical, Inc., 2913 Saturn Street, Unit G, Brea, California 92821. CJ America, Inc., 3470 Wilshire Blvd, Suite 930, Los Angeles, California 90010. Fortune Bridge Co. Inc., 137 Meacham Ave, Elmont, New York 11003. Garuda International, Inc., 638 Industrial Drive, Exeter, California 93221. Gremount International Co., Ltd., Rm. 2107, Plaza A, Freetown Center, No. 58, South Road Dongsanhuan, Chaoyang District, Beijing 100022, People's Republic of China. Guangdong Food Industry Institute, No. 146 Xin-gang Dong Road, Guangzhou, Guangdong 510308, People's Republic of China. Hebei Province Chemical Industry Academe, No.18, Jianhua South Street, Shijiazhuang City, Hebei Province 050031, People's Republic of China. Hebei Research Institute of Chemical Industry, No. 18, Jianhua South Street, Shijiazhuang City, Hebei Province 050031, People's Republic of China. Hebei Sukerui Science and Technology Co., Ltd., Zengcun Town Industrial Park, Gaocheng City, Hebei 052160, People's Republic of China. Heartland Packaging Corporation, 14300 Clay Terrace Boulevard, Suite 249, Carmel, Indiana 46032. L&P Food Ingredient Co., Ltd., #146, Xin-gang Dong Road, Guangzhou, Guangdong 510308, People's Republic of China. Lianyungang Natiprol (Intl'l) Co., Ltd., 17/F, Building A, Longhe Mansion, No. 6, Cangwu Road, Xinpu, Lianyungang, Jiangsu 222006, People's Republic of China. MTC Industries, Inc., 41 Mercedes Way Unit 21, Edgewood, New York 11717. Nantong Molecular Technology Co., Ltd., No. 15 Fuxing Rd., Economic and Technical Development Zone, Nantong, Jiangsu Province 226009, People's Republic of China. Nu-Scaan Nutraceuticals, Ltd., Waterside House, Waterside, Macclesfield, Cheshire, SK11 7HG, United Kingdom. ProFood International, Inc., 40 Shuman Boulevard, Suite 160, Naperville, Illinois 60563. Ruland Chemistry Co., Ltd., Rm. 1201 Heping Mansion, No. 22 East Beijing Road, Nanjing 210018, People's Republic of China. Shanghai Aurisco International Trading Co. Ltd., 1603, 3 Building, 1555 North Kaixuan Road, Shanghai, 200063, People's Republic of China. Vivion, Inc., 929 Bransten Road, San Carlos, California 94070. Zhongjin Pharmaceutical (Hong Kong) Co. Ltd., Rm B 12/F Wing On Cheong Bldg., 5 Wing Lok St., Central, Hong Kong, Hong Kong.
(c)The Commission investigative attorney, party to this investigation, is Anne M. Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. The Commission notes that some of the patents at issue may cover processes that produce chemical precursors or intermediates of sucralose or that recover certain chemical catalysts from the synthesis. In instituting this investigation, the Commission has not made any determination as to the scope of 35 U.S.C. 1337(a)(1)(B)(ii) or whether 337(a)(1)(B)(ii) is sufficiently broad as to encompass such processes. Accordingly, the presiding administrative law judge may wish to consider these fundamental issues at an early date. Any such decision should be issued in the form of an initial determination
(ID)under Rule 210.42(c), 19 CFR 210.42(c). The ID will become the Commission's final determination 45 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44 and 210.45, 19 CFR 210.43, 210.44, and 210.45. Responses to the complaint, as supplemented, 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(d) 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, as supplemented, and the notice of investigation. Extensions of time for submitting responses to the complaint, as supplemented, 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, as supplemented, and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint, as supplemented, 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, as supplemented, and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 7, 2007. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7-9047 Filed 5-9-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-07-008] Government in the Sunshine Act Meeting Notice Agency Holding The Meeting: United States International Trade Commission. Time and Date: May 15, 2007 at 11 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. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-1104 (Final) (Certain Polyester Staple Fiber from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before May 24, 2007.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: May 7, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-9088 Filed 5-9-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Bureau of Justice Statistics [OMB Number 1121-NEW] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection Under Review: Proposed Collection—Former Prisoner Survey. The Department of Justice (DOJ), Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until July 9, 2007. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Christopher Mumola, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (phone: 202-353-2132). Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection:
(1)*Type of Information Collection* : New data collection.
(2)*Title of the Form/Collection* : Former Prisoner Survey.
(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection* : FPS (Survey Questionnaire), FPS-1 (Records Form), FPS-2 (Roster Verification Form), and FPS-C (Consent to Participate in Research). The Bureau of Justice Statistics, Office of Justice Programs, Department of Justice, is the sponsor for the collection.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract* : Primary: Individuals or Households. Other: State, Local, or Tribal Government. The work under this clearance will be used to develop surveys to produce national estimates for the incidence and prevalence of sexual assault within correctional facilities as required under the Prison Rape Elimination Act of 2003 (Pub. L. 108-79).
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond* : It is estimated that 16,500 former prisoners will be interviewed. Of these, 87% (14,355) are estimated to be non-victims and will spend approximately 30 minutes on average responding to the survey, while 13% (2,145) will be victims and will spend approximately 40 minutes on average responding to the survey. Approximately 200 parole office groupings will be asked to develop and verify rosters of eligible parolees and provide background and contact information for those cases sampled. It is estimated that the rostering and verification process will average approximately 2 hours and 10 minutes per office. Providing contact and background information will average 10.84 hours for the 140 smaller offices (with smaller sample sizes) and 21.67 hours for the 60 larger offices (with larger sample sizes). The total average burden will thus be 13 hours for the 140 smaller offices and 24 hours for the 60 larger offices.
(6)*An estimate of the total public burden (in hours) associated with the collection* : There are an estimated 11,858 total burden hours associated with this collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street NW., Washington, DC 20530. Dated: May 4, 2007. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E7-9000 Filed 5-9-07; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Notice of Lodging of First Amended and Restated Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on April 25, 2007 a proposed First Amended and Restated Settlement Agreement (“Amended Agreement”) in *In re Armstrong World Industries, Inc., et al.,* Bankr. No. 00-4471, was lodged with the United States Bankruptcy Court for the District of Delaware. In this action the United States obtained a settlement, on behalf of the United States Environmental Protection Agency (“EPA”), of 19 general unsecured bankruptcy claims under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9607(a), against Armstrong World Industries, Inc. (“AWI”). The bankruptcy court approved the settlement agreement on October 21, 2005. Under the proposed Amended Agreement, the parties seek to resolve an additional CERCLA claim of the United States on behalf of EPA with respect to the Berry's Creek Study Area in Bergen County, New Jersey. Under the proposed Amended Agreement, the United States is to receive an allowed general unsecured claim of $500,000 against the bankruptcy estate of AWI, in return for a covenant not to sue, contribution protection, and the designation of the Berry's Creek facility as a Liquidated Site. The Department of Justice will receive for a period of thirty
(30)days from the date of this publication comments relating to the Amended Agreement. Comments should be addressed to he Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed 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 *In re Armstrong World Industries, Inc., et al.,* Bankr. No. 00-4471 (Bankr. D. Del.) and DJ No. 90-11-3-07780. The Amended Agreement may be examined at the Office of the United States Attorney, 1007 Orange Street, Suite 700, Wilmington, DE 19801. During the public comment period, the Amended Agreement may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Settlement Agreement 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 e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $8.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07-2305 Filed 5-9-07; 8:45 am]
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- 35 USC 1337(a)(1)(B)(ii)
- 5 CFR 1320.10
- Pub. L. 108-79
Citation graph
cites case law
Notices
Institution of investigation pursuant to 19 U
Cite35 USC 1337(a)(1)(B)(ii)
Cite5 CFR 1320.10
Pub. L.Pub. L. 108-79
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