63176 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 

1On April 16, 2004, CPD Associates, Inc., merged 

with Blue Rhino Corp. On April 20, 2004, Blue 

Rhino Corp., converted into a Delaware limited 

liability company called Blue Rhino, LLC. 

Immediately thereafter, on April 21, 2004, Blue 

Rhino, LLC merged into Ferrellgas, LP.

PENNSYLVANIA 

Berks County 

Queen Anne Historic District, Roughly 

bounded by Robeson St., North Third 

St., RR Tracks and Clinton St. 

Reading, 04001227. 

Dauphin County 

Harrisburg Polyclinic Hospital, 2601 N. 

Third St., Harrisburg, 04001225. 

Philadelphia County 

Marine Corps Depot of Supplies, 

Schuykill Warehouse, 700–734 

Schuykill Ave., Philadelphia, 

04001228. 

Upper Roxborough Historic District 

(Boundary Increase), Upper: roughly 

bounded by Cathedral, Harner, Lare, 

Summitt, Eva; Lower: roughly 

bounded by Eva, Dearnley and 

Shawmont, Philadelphia, 04001226. 

RHODE ISLAND 

Newport County 

St. George’s School—Church of St. 

George, Little Chapel, and Memorial 

Schoolhouse, 372 Purgatory Rd., 

Middletown, 04001235. 

TENNESSEE 

Houston County 

Erin Limekilns, (Lime Industry of 

Houston County, Tennessee MPS) 708 

McMillan St., Erin, 04001230. 

Quarry Limekiln, (Lime Industry of 

Houston County, Tennessee MPS) TN 

49, approx 0.25 mi. E of Denmark Rd., 

Erin, 04001229. 

Knox County 

Morton, Benjamin, 4084 Kingston Pike, 

Knoxville, 04001231. 

Morton, Benjamin, House, (Knoxville 

and Knox County MPS) 4084 

Kingston Pike, Knoxville, 04001233. 

TEXAS 

El Paso County 

Montana Avenue Historic District, 1000 

through 1500 Blks of Montana Ave., 

El Paso, 04001232. 

WYOMING 

Sheridan County 

Sheridan Railroad Historic District, 

201–841 Broadway, 508–955 N. 

Gould, Sheridan, 04001234.

[FR Doc. 04–24157 Filed 10–28–04; 8:45 am] 

BILLING CODE 4312–51–P

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–498] 

In the Matter of Certain Insect Traps; 

Notice of Commission Determination 

To Terminate the Investigation in Its 

Entirety on the Basis of a Settlement 

Agreement; Request for Written 

Submissions on Remedy, the Public 

Interest, and Bonding With Respect to 

a Respondent Found in Default

AGENCY: U.S. International Trade 

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to 

terminate the above-captioned 

investigation on the basis of a settlement 

agreement. Notice is also hereby given 

that the Commission is requesting 

briefing on remedy, the public interest, 

and bonding with respect to a 

respondent found in default.

FOR FURTHER INFORMATION CONTACT:

Rodney Maze, Ph.D., Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3065. 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 (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: This 

patent-based section 337 investigation 

was instituted by the Commission based 

on a complaint filed by American 

Biophysics Corporation (‘‘ABC’’) of 

Greenwich, Rhode Island. 68 FR 53752 

(September 12, 2003). ABC alleged 

violations of section 337 of the Tariff 

Act of 1930 in the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain insect traps 

by reason of infringement of claims 1 

and 32 of U.S. Patent No. 6,145,243 

(hereinafter ‘‘the ‘243 patent’’). The 

complaint named Ferrellgas, LP, of 

Liberty, Missouri as respondent. 

On December 8, 2003, the 

administrative law judge (‘‘ALJ’’) issued 

an initial determination (‘‘ID’’) 

amending the complaint and notice of 

investigation to add Blue Rhino Global 

Sourcing, LLC, of Winston-Salem, North 

Carolina, Guangdon Dong Fang Imp. & 

Exp. Corp. of Shenzhen, China, and 

Lentek International, Inc. of Kissimmee, 

Florida (‘‘Lentek’’) as respondents.1 This 

ID was not reviewed by the 

Commission. See Order No. 5 Initial 

Determination; Notice of Commission 

Decision Not To Review, 69 FR 2003 

(2004).

On April 19, 2004, the ALJ issued an 

ID, which was not reviewed by the 

Commission, finding respondent Lentek 

in default. See Order No. 11 Initial 

Determination (April 19, 2004); Notice 

of Commission Decision Not To Review 

(May 19, 2004). 

On September 10, 2004, the ALJ 

issued his final initial determination 

(‘‘ID’’) finding no violation of section 

337 based on a finding of no 

infringement of claims 1 and 32 of the 

‘243 patent by the remaining 

respondents, Ferrellgas, LP, Blue Rhino 

Consumer Products, LLC, Blue Rhino 

Global Sourcing, LLC, and Guangdon 

Dong Fang Imp. & Exp. Corp. 

(collectively ‘‘Ferrellgas/BlueRhino/

GDF’’). On September 22, 2004, ABC 

and Ferrellgas/BlueRhino/GDF filed a 

joint motion for an extension of time in 

which to file their petitions for review 

of the ALJ’s final ID. On September 24, 

2004, the ALJ issued a recommended 

determination on remedy and bonding 

with respect to respondents Ferrellgas/

BlueRhino/GDF. 

Meanwhile, on September 23, 2004, 

the Commission granted all parties their 

request for an extension and extended 

the deadline for determining whether to 

review the final ID until October 1, 

2004. 

On September 30, 2004, ABC and 

respondents, Ferrellgas/Blue Rhino/

GDF, filed a joint motion to terminate 

the investigation as to all issues based 

upon a settlement agreement. The 

Commission found that there was no 

indication that termination of the 

investigation would have an adverse 

impact on the public interest and that 

termination based on a settlement 

agreement is generally in the public 

interest. Accordingly, the joint motion 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63177

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)).

2Commissioner Hillman did not participate in 

this investigation.

3Chairman Koplan and Commissioner Miller 

dissented, having determined that there is a 

reasonable indication that an industry in the United 

States is materially injured by reason of allegedly 

LTFV imports of polyvinyl alcohol from Taiwan.

to terminate the investigation was 

granted. 

With respect to respondent Lentek, 

section 337(g)(1), 19 U.S.C. 1337(g)(1), 

and Commission Rule 210.16(c), 19 CFR 

210.16(c), authorizes the Commission to 

order limited relief against a respondent 

found in default unless, after 

consideration of public interest factors, 

it finds that such relief should not issue. 

In this investigation, the ALJ found 

respondent Lentek in default and this 

decision was not reviewed by the 

Commission. As a result, ABC requested 

issuance of (a) a permanent exclusion 

order excluding from entry into the 

United States all of Lentek’s ‘‘Mosquito 

Trap’’ products that infringe the claims 

of the asserted patents; and (b) a 

permanent cease and desist order 

prohibiting the importation into the 

United States, the sale for importation 

or sale within the United States after 

importation of all of Lentek’s ‘‘Mosquito 

Trap’’ products that infringe the claims 

of the asserted patents. 

The Commission may issue an order 

that could result in the exclusion of 

Lentek’s ‘‘Mosquito Trap’’ products 

from entry into the United States, and/

or issue one or more cease and desist 

orders that could result in Lentek being 

required to cease and desist from 

engaging in unfair acts in the 

importation and sale of ‘‘Mosquito 

Trap’’ products. Accordingly, the 

Commission is interested in receiving 

written submissions that address the 

form of remedy, if any, that should be 

ordered. If a party seeks exclusion of an 

article from entry into the United States 

for purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or are likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) The public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation.

If the Commission orders some form 

of remedy, the President has 60 days to 

approve or disapprove the 

Commission’s action. During this 

period, the subject articles would be 

entitled to enter the United States under 

bond, in an amount determined by the 

Commission and prescribed by the 

Secretary of the Treasury. The 

Commission is therefore interested in 

receiving submissions concerning the 

amount of the bond that should be 

imposed. 

Written Submissions: The parties to 

the investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

September 24, 2004, recommended 

determination by the ALJ on remedy 

and bonding. Complainants and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. The written submissions 

and proposed remedial orders must be 

filed no later than close of business on 

November 8, 2004. Reply submissions 

must be filed no later than the close of 

business on November 15, 2004. No 

further submissions on these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document (or portion thereof) 

to the Commission in confidence must 

request confidential treatment unless 

the information has already been 

granted such treatment during the 

proceedings. All such requests should 

be directed to the Secretary of the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See section 201.6 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 201.6. Documents for 

which confidential treatment by the 

Commission is sought will be treated 

accordingly. All non-confidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary. 

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 210.16(c) and 210.21 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16(c) and 

210.21).

By order of the Commission.

Issued: October 25, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–24206 Filed 10–28–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1088 

(Preliminary)] 

Polyvinyl Alcohol From Taiwan 

Determination 

On the basis of the record 1 developed 

in the subject investigation, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

section 733(a) of the Tariff Act of 1930 

(19 U.S.C. 1673b(a)) (the Act), that there 

is no reasonable indication that an 

industry in the United States is 

materially injured or threatened with 

material injury, or that the 

establishment of an industry in the 

United States is materially retarded, by 

reason of imports from Taiwan of 

polyvinyl alcohol, provided for in 

subheading 3905.30.00 of the 

Harmonized Tariff Schedule of the 

United States, that are alleged to be sold 

in the United States at less than fair 

value (LTFV).2 3

Background 

On September 7, 2004, a petition was 

filed with the Commission and 

Commerce by Celanese Chemicals Ltd., 

Dallas, TX, alleging that an industry in 

the United States is materially injured 

and threatened with further material 

injury by reason of LTFV imports of 

polyvinyl alcohol from Taiwan. 

Accordingly, effective September 7, 

2004, the Commission instituted 

antidumping duty investigation No. 

731–TA–1088 (Preliminary). 

Notice of the institution of the 

Commission’s investigation and of a 

public conference to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register of September 15, 2004 

(69 FR 55653). The conference was held 

in Washington, DC, on September 28,