73130 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 

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 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 U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

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 if a remedy is 

ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issues 

identified in this notice. 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 ALJ’s 

recommendation on remedy and 

bonding set forth in the RD. 

Complainants and the IA are also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Complainants are also 

requested to state the date that the ‘690 

and ‘343 patents expire and the HTSUS 

numbers under which the accused 

products are imported. The written 

submissions and proposed remedial 

orders must be filed no later than close 

of business on Thursday December 9, 

2010. Reply submissions must be filed 

no later than the close of business on 

Friday December 17, 2010. 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 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 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential 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 210.42–46 and 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.42–46 and 

210.50). 

Issued: November 22, 2010. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–29910 Filed 11–26–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

and Environmental Settlement under 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act, and the Resource Conservation 

and Recovery Act 

Notice is hereby given that on 

November 23, 2010, a proposed Consent 

Decree and Environmental Settlement 

Agreement (‘‘Settlement Agreement’’) in 

the matter of In re: Tronox Incorporated, 

et al., Case No.09–10156 (ALG) (Jointly 

Administered), was lodged with the 

United States Bankruptcy Court for the 

Southern District of New York. 

The parties to the proposed 

Settlement Agreement are Tronox 

Incorporated, and fourteen of its 

affiliates (collectively, ‘‘Tronox’’ or 

‘‘Debtors’’), the United States, the Navajo 

Nation, twenty-two states, and several 

municipalities (collectively, the 

‘‘Governmental Environmental 

Claimants’’). The proposed Settlement 

Agreement creates five environmental 

response trusts and provides for Tronox 

to pay $270 million and certain other 

consideration to the environmental 

response trusts and Governmental 

Environmental Claimants. Additionally, 

Tronox is to assign its rights in a 

pending fraudulent conveyance lawsuit 

against its former parent, Kerr-McGee 

Corporation, and Anadarko Petroleum 

Corporation, which purchased KerrMcGee, to a litigation trust that will pay 

88% of its net recoveries to the 

environmental response trusts and 

Governmental Environmental 

Claimaints. The fraudulent conveyance 

lawsuit alleges that Kerr-McGee and 

Anadarko defrauded Tronox and its 

creditors, including the United States, 

by imposing on Tronox all of KerrMcGee’s environmental liabilities 

without sufficient means to satisfy those 

liabilities. 

The Settlement Agreement resolves 

certain environmental liabilities of the 

Debtors to the Governmental 

Environmental Claimants at more than 

2000 sites and indicates the amount of 

cash and percentage of net recoveries 

from the fraudulent conveyance action 

that will be provided by site. Among the 

sites included in the settlement are: 

The Mobile Pigment Complex, Mobile, 

AL 

The former Petroleum Terminal Site, 

Birmingham, AL 

The Jacksonville AgChem Site, 

Jacksonville, FL 

The former titanium dioxide Plant, 

Savannah, GA 

The Rare Earths Facility, W. Chicago, IL 

The Kress Creek and Residential Areas 

Sites, W. Chicago, IL 

The Lindsay Light Thorium Sites, 

Chicago, IL 

The former wood treating facility, 

Madison, IL 

The Soda Springs Vanadium Plant, Soda 

Springs, ID 

The former wood treating facility, 

Columbus, MS 

The former wood treating facility, 

Hattiesburg, MS 

The Navassa wood treating Site, 

Wilmington, NC 

The Henderson Facility, Henderson, NV 

The former wood treating facility, 

Bossier City, LA 

The Calhoun Gas Plant Site, Calhoun, 

LA 

The Fireworks Site, Hanover, MA 

The former nuclear fuels facility, 

Cimarron, OK 

The Cleveland Refinery Site, Cleveland, 

OK 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 73131 

The Cushing Refinery Sites, Cushing, 

OK 

The Corpus Christi Petrol Terminal Site, 

CC, TX 

The former wood treating facility, 

Texarkana, TX 

The former wood treating facility, 

Kansas City, MO 

The former wood treating facility, 

Springfield, MO 

The former wood treating facility, Rome, 

NY 

The former wood treating facility, 

Avoca, PA 

The Riley Pass Mine Site, Harding 

County, SD 

The former wood treating facility, 

Indianapolis, IN more than 50 former 

uranium mines and mills, including 

Shiprock, Churchrock, and Ambrosia 

Lake on and in the vicinity of Navajo 

Nation, NM, AZ 

The White King/Lucky Lass mine site, 

Lakeview, OR 

The Toledo Tie Site, Toledo, OH 

The Welsbach Gas and Mantle Site, 

Camden, NJ 

The former Federal Creosote facility, 

Manville, NJ 

The former Moss American Site, 

Milwaukee, WI more than 1800 

current and former service stations in 

twenty-four states 

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 and 

Settlement Agreement. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.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 Tronox, 

Incorporated et al., D.J. Ref. 90–11–3– 

09688. Commenters may request an 

opportunity for a public meeting in the 

affected area, in accordance with section 

7003(d) of RCRA,42 U.S.C. 6973(d). 

The Consent Decree and Settlement 

Agreement may be examined at the 

Office of the United States Attorney, 86 

Chambers Street—3rd Floor, New York, 

New York 10007. During the public 

comment period, the Consent Decree 

and Settlement 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 

Consent Decree and 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 $53.25 (213 pages, 

exclusive of signature pages and 

attachments; 25 cents per page 

reproduction cost) or $123.75 (495 

pages, including signatures and 

attachments) 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. 

Maureen M. Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–30027 Filed 11–26–10; 8:45 am] 

BILLING CODE 4410–CW–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–70,599] 

Innovion Corporation, Gresham, OR; 

Notice of Negative Determination on 

Reconsideration 

On March 31, 2010, the Department of 

Labor issued an Affirmative 

Determination Regarding Application 

for Reconsideration for the workers and 

former workers of Innovion Corporation, 

Gresham, Oregon (subject firm). The 

notice was published in the Federal 

Register on April 19, 2010 (75 FR 

20382). The workers supply ion 

implantation services for firms in the 

semiconductor industry. 

The initial investigation resulted in a 

negative determination based on the 

finding that there was no shift to/ 

acquisition from a foreign country by 

the workers’ firm of services like or 

directly competitive with the ion 

implantation services supplied by the 

subject firm and no increased import by 

either the subject firm or its major 

declining customers of services like or 

directly competitive with the ion 

implantation services supplied by the 

subject firm [Section 222(a)]. Further, 

the workers are not eligible to apply for 

Trade Adjustment Assistance (TAA) as 

adversely affected secondary workers 

[Section 222(c)] or workers of a firm 

identified by the International Trade 

Commission as a member of a domestic 

industry injured under a provision of 

the Tariff Act of 1930 [Section 222(f)]. 

The initial investigation concluded 

that worker separations were 

attributable to a customer’s decision to 

perform ion implantation services inhouse instead of using the subject firm. 

During the reconsideration 

investigation, the Department sought 

clarification from the subject firm’s 

headquarters and conducted an 

expanded customer survey of the 

subject firm’s major declining 

customers, including those identified in 

the request for reconsideration. 

Information provided during the 

reconsideration investigation confirmed 

no shift to/acquisition from another 

country by the subject firm in the 

supply of ion implantation services, and 

no increased imports of ion 

implantation services, or like or directly 

competitive services, by the subject firm 

during the relevant period. 

The customer survey conducted 

during the reconsideration investigation 

showed that, during the relevant time 

period, the three largest declining 

customers of the subject firm did not 

import services like or directly 

competitive with the ion implantation 

services provided by the subject 

workers. 

Together, the surveyed customers 

accounted for 92 percent of subject firm 

sales in 2007, 89 percent of subject firm 

sales in 2008, and 84 percent of subject 

firm sales during the first four months 

of 2009. Those customers also 

accounted for 109 percent of the sales 

decline of the subject firm from 2007 to 

2008 and 97 percent of the subject firm’s 

sales decline during the first four 

months of 2009 as compared with the 

same period of 2009. 

The assertion that the subject firm 

should be certified as a result of the 

certification of customer LSI Logic 

(TA–W–55,958; certified on November 

3, 2003) was not investigated on 

reconsideration because a shift to a 

foreign country by a customer cannot be 

a basis of certification absent under 

Section 222(a), which requires that there 

has been a shift to a foreign country by 

the subject firm. Further, the 

certification of the Chandler, Arizona 

facility (TA–W–71,648) cannot be the 

basis of certification of workers of the 

Gresham, Oregon facility as adversely 

affected secondary workers because the 

certification of the Chandler, Arizona 

facility was based on the satisfaction of 

Section 222(c) and Section 222(c) 

requires that the primary firm be 

certified under Section 222(a). 

Conclusion 

After reconsideration, I affirm the 

original notice of negative 

determination of eligibility to apply for 

worker adjustment assistance for 

workers and former workers of Innovion 

Corporation, Gresham, Oregon. 

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