Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75343

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.

United States, the sale for importation, 

and the sale within the United States 

after importation of certain insect traps 

by reason of infringement of various 

claims of U.S. Patent Nos. 6,145,243 

(hereinafter ‘‘the ‘243 patent’’) and 

6,286,249 (hereinafter ‘‘the ‘249 

patent’’). The complaint named 

Ferrellgas, LP, of Liberty, Missouri as a 

respondent.1

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. This 

ID was not reviewed by the Commission 

(Order No. 5). 

On April 19, 2004, the ALJ issued an 

ID, which was not reviewed by the 

Commission, finding respondent Lentek 

in default (Order No. 11). On April 27, 

2004, ABC filed a declaration for 

immediate relief against Lentek based 

on both patents at issue. On May 24, 

2004, ABC filed a motion to amend its 

request for immediate relief against 

Lentek by withdrawing its request for 

relief with respect to the ‘243 patent. 

On September 10, 2004, the ALJ 

issued his final 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 April 9, 2004, the ALJ had 

issued an unreviewed ID effectively 

terminating the investigation as to the 

‘249 patent with respect to these 

respondents.) 

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. On 

October 25, 2004, the Commission 

granted the joint motion to terminate the 

investigation against Ferrellgas/

BlueRhino/GDF and further requested 

written submissions on the issues of 

remedy, the public interest and, 

bonding relating to the default finding 

of unlawful importation and sale of 

infringing products by Lentek. The 

Commission investigative attorney 

submitted his brief on remedy, the 

public interest and bonding on 

November 2, 2004. ABC submitted its 

briefing on remedy, the public interest 

and bonding on November 8, 2004. No 

reply submissions were filed. 

The Commission found that each of 

the statutory requirements of section 

337(g)(1)(A)–(E), 19 U.S.C. 

1337(g)(1)(A)–(E), has been met with 

respect to defaulting respondent Lentek. 

Accordingly, pursuant to section 

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

Commission rule 210.16(c) 19 CFR 

210.16(c), the Commission presumed 

the facts alleged in the amended 

complaint to be true. The Commission 

determined that the appropriate form of 

relief in this investigation is a limited 

exclusion order prohibiting the 

unlicensed entry of insect traps covered 

by claims 1–6, 8, 13–15, 17, 18, 29, 31, 

34, 36–41 and 44 of the ‘249 patent. The 

order covers insect traps that are 

manufactured abroad by or on behalf of, 

or imported by or on behalf of, Lentek, 

or any of its affiliated companies, 

parents, subsidiaries, or other related 

business entities, or their successors or 

assigns. The Commission also 

determined to issue a cease and desist 

order prohibiting Lentek from 

importing, selling, marketing, 

advertising, distributing, offering for 

sale, transferring (except for 

exportation), and soliciting U.S. agents 

or distributors for insect traps covered 

by the above-mentioned claims of the 

‘249 patent. The Commission further 

determined that the public interest 

factors enumerated in section 337(g)(1), 

19 U.S.C. 1337(g)(1), do not preclude 

issuance of the limited exclusion order. 

Finally, the Commission determined 

that the bond under the limited 

exclusion order during the Presidential 

review period shall be in the amount of 

100 percent of the entered value of the 

imported articles. The Commission’s 

orders were delivered to the President 

on the day of their issuance. 

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 

section 210.16(c) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.16(c)).

By order of the Commission.

Issued: December 10, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–27558 Filed 12–15–04; 8:45 am] 

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Under 28 CFR 50.7, notice is hereby 

given that on November 16, 2004, a 

proposed consent decree in United 

States v. Cabot Corporation, et al., Civil 

Action No. 2:04–cv–5317, was lodged 

with the United States District Court for 

the Eastern District of Pennsylvania. 

In this action the United States sought 

cost recovery for costs incurred in 

connection with the Revere Chemical 

Superfund Site located in Nockamixon 

Township, Bucks County, Pennsylvania 

(the ‘‘Site’’). Under the terms of the 

consent decree, the proposed settling 

defendants would pay $929,530.92 to 

EPA to cover past response 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, 

Environment and Natural Resources 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Cabot Corporation, et al., Civil 

Action No. 2:04–cv–5317, D.J. Ref. 90–

11–2–943/3. 

The consent decree may be examined 

at the Office of the United States 

Attorney, Suite 1250, 615 Chestnut 

Street, Philadelphia, PA 19106, and at 

U.S. EPA Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–

2029. A copy of 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 of the consent decree without 

appendices, please enclose a check, in 

the amount of $5.75 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. For the appendices, please 

add $63.75.

Robert Brook, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division.

[FR Doc. 04–27483 Filed 12–15–04; 8:45 am] 

BILLING CODE 4410–15–M