Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Notices 69957

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

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)).

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–26483 Filed 11–30–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1059 (Final)] 

Hand Trucks and Certain Parts Thereof 

From China 

Determination 

On the basis of the record 1 developed 

in the subject investigation, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

section 735(b) of the Tariff Act of 1930 

(19 U.S.C. 1673d(b)) (the Act), that an 

industry in the United States is 

threatened with material injury by 

reason of imports from China of hand 

trucks and certain parts thereof, 

provided for in subheadings 8716.80.50 

and 8716.90.50 of the Harmonized Tariff 

Schedule of the United States, that have 

been found by the Department of 

Commerce (Commerce) to be sold in the 

United States at less than fair value 

(LTFV). The Commission further 

determines that it would not have found 

material injury but for the suspension of 

liquidation.

Background 

The Commission instituted this 

investigation effective November 13, 

2003, following receipt of a petition 

filed with the Commission and 

Commerce by Gleason Industrial 

Products, Inc., Los Angeles, CA. The 

final phase of the investigation was 

scheduled by the Commission following 

notification of a preliminary 

determination by Commerce that 

imports of hand trucks and certain parts 

thereof from China were being sold at 

LTFV within the meaning of section 

733(b) of the Act (19 U.S.C. 1673b(b)). 

Notice of the scheduling of the final 

phase of the Commission’s investigation 

and of a public hearing 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 June 8, 2004 (69 FR 

32042). The hearing was held in 

Washington, DC, on October 7, 2004, 

and all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission transmitted its 

determination in this investigation to 

the Secretary of Commerce on 

November 22, 2004. The views of the 

Commission are contained in USITC 

Publication 3737 (November 2004), 

entitled Hand Trucks and Certain Parts 

Thereof From China: Investigation No. 

731–TA–1059 (Final).

Issued: November 24, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–26484 Filed 11–30–04; 8:45 am] 

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Under the Clean Water Act, the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, the Emergency Planning and 

Community Right-To-Know Act, and 

the Park System Resource Protection 

Act 

Under the policy set out at 28 CFR 

50.7, notice is hereby given that on 

November 15, 2004, the United States 

lodged with the United States District 

Court for the Northern District of Iowa 

a proposed consent decree (‘‘Consent 

Decree’’) in the case of United States v. 

Iowa Turkey Products, Inc., Civ. A. No. 

C04–1045–LRR. The Consent Decree 

pertains to Iowa Turkey Products, Inc. 

(‘‘ITP’’), which owned a former turkey 

processing facility in Postville, Iowa. 

ITP discharged wastewater into a 

Publicly Owned Treatment Works 

(‘‘POTW’’) owned by the City of 

Postville (‘‘City’’). A related settlement 

with the City was lodged on October 15, 

2004. 

The Consent Decree would resolve 

claims in a Complaint filed, 

simultaneously with the lodging of the 

Consent Decree, by the United States 

against ITP for violations of Sections 

301 and 307 of the Clean Water Act 

(‘‘CWA’’), 33 U.S.C. 1311 and 1317, and 

the Pretreatment Standards under the 

City’s National Pollutant Discharge 

Elimination System Permit, pursuant to 

Section 402 of the CWA, 33 U.S.C. 1342. 

The Consent Decree would also resolve 

claims under Section 304 of the 

Emergency Planning and Community 

Right-to-Know Act (‘‘EPCRA’’), 42 

U.S.C. 11004, and Section 103 of the 

Comprehensive Environmental 

Response, Compensation, and Recovery 

Act of 1980, as amended (‘‘CERCLA’’), 

42 U.S.C. 9603, for failure to give notice 

of the release of anhydrous ammonia 

during a fire at the facility on December 

20, 2003. 

In addition, the Consent Decree 

would resolve claims by the United 

States for natural resource damages 

under Section 311 of the CWA, 33 

U.S.C. 1321; Section 107 of CERCLA, 42 

U.S.C. 9607; and the Park System 

Resource Protection Act, 16 U.S.C. 19jj, 

for unlawful discharges to the POTW 

that contributed to the release of 

hazardous substances during a March 

2000 discharge event by the City. The 

March 2000 discharge event contributed 

to an aquatic life kill in the Yellow 

River. 

The Consent Decree requires ITP to 

refrain from any future violations of the 

CWA, CERCLA, and EPCRA; to pay civil 

penalties for the CWA, EPCRA and 

CERCLA violations; and to pay natural 

resource damages, including 

compensatory restoration costs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environmental and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, D.C. 

20044–7611, and should refer to United 

States v. Iowa Turkey Products, DOJ Ref. 

No. 90–5–1–1–08078/1/. 

The Consent Decree may be examined 

at the offices of the United States 

Attorney, Northern District of Iowa, 401 

First Street, SE., Room 400, Cedar 

Rapids, IA 52401, and at the offices of 

U.S. EPA Region 7, 901 North 5th Street, 

Kansas City, Kansas 66101. 

During the public comment period, 

the Consent Decree may also be 

examined on the following Department 

of Justice Web site, http://

www.usdoj.gov/enrd/open.html. A copy 

of the Consent Decree 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 

$6.75 (25 cents per page reproduction 

cost) payable to the U.S. Treasury.

Robert E. Maher, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–26509 Filed 11–30–04; 8:45 am] 

BILLING CODE 4410–15–M