81310 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

Background.—On September 7, 2010, 

the Commission determined that 

responses to its notice of institution of 

the subject five-year reviews were such 

that full reviews pursuant to section 

751(c)(5) of the Act should proceed (75 

FR 59744, September 28, 2010). A 

record of the Commissioners’ votes, the 

Commission’s statement on adequacy, 

and any individual Commissioner’s 

statements are available from the Office 

of the Secretary and at the 

Commission’s Web site. 

Participation in the reviews and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in these reviews as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, by 45 days after 

publication of this notice. A party that 

filed a notice of appearance following 

publication of the Commission’s notice 

of institution of the reviews need not 

file an additional notice of appearance. 

The Secretary will maintain a public 

service list containing the names and 

addresses of all persons, or their 

representatives, who are parties to the 

reviews. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in these reviews available to 

authorized applicants under the APO 

issued in the reviews, provided that the 

application is made by 45 days after 

publication of this notice. Authorized 

applicants must represent interested 

parties, as defined by 19 U.S.C. 1677(9), 

who are parties to the reviews. A party 

granted access to BPI following 

publication of the Commission’s notice 

of institution of the reviews need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the reviews will be placed in 

the nonpublic record on May 9, 2011, 

and a public version will be issued 

thereafter, pursuant to section 207.64 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the 

reviews beginning at 9:30 a.m. on May 

26, 2011, at the U.S. International Trade 

Commission Building. Requests to 

appear at the hearing should be filed in 

writing with the Secretary to the 

Commission on or before May 18, 2011. 

A nonparty who has testimony that may 

aid the Commission’s deliberations may 

request permission to present a short 

statement at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on May 20, 2011, 

at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), 207.24, 

and 207.66 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

business days prior to the date of the 

hearing. 

Written submissions.—Each party to 

the reviews may submit a prehearing 

brief to the Commission. Prehearing 

briefs must conform with the provisions 

of section 207.65 of the Commission’s 

rules; the deadline for filing is May 17, 

2011. Parties may also file written 

testimony in connection with their 

presentation at the hearing, as provided 

in section 207.24 of the Commission’s 

rules, and posthearing briefs, which 

must conform with the provisions of 

section 207.67 of the Commission’s 

rules. The deadline for filing 

posthearing briefs is June 13, 2011; 

witness testimony must be filed no later 

than three days before the hearing. In 

addition, any person who has not 

entered an appearance as a party to the 

reviews may submit a written statement 

of information pertinent to the subject of 

the reviews on or before June 13, 2011. 

On July 11, 2011, the Commission will 

make available to parties all information 

on which they have not had an 

opportunity to comment. Parties may 

submit final comments on this 

information on or before July 13, 2011, 

but such final comments must not 

contain new factual information and 

must otherwise comply with section 

207.68 of the Commission’s rules. All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II(C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

reviews must be served on all other 

parties to the reviews (as identified by 

either the public or BPI service list), and 

a certificate of service must be timely 

filed. The Secretary will not accept a 

document for filing without a certificate 

of service. 

AUTHORITY: These reviews are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.62 of the 

Commission’s rules. 

By order of the Commission. 

Issued: December 20, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–32411 Filed 12–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–617] 

In the Matter of Certain Digital 

Television Products and Certain 

Products Containing Same and 

Methods Of Using Same; Notice of 

Commission Determination To Modify 

a Limited Exclusion Order and Ceaseand-Desist Orders 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to modify 

a limited exclusion order and cease-anddesist orders issued in the abovecaptioned investigation following the 

decision of the United States Court of 

Appeals for the Federal Circuit in Vizio, 

Inc. v. U.S. International Trade 

Commission, 605 F.3d 1330 (Fed. Cir. 

2010). 

FOR FURTHER INFORMATION CONTACT: 

Daniel E. Valencia, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–1999. Copies of non-confidential 

documents filed in connection with this 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81311 

1The Commission has not modified the ceaseand-desist order directed to SBC because the 

findings of infringement by SBC were not appealed 

and therefore remain intact. 

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 at 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: The 

Commission instituted this investigation 

on November 15, 2007, based on a 

complaint filed by Funai Electric Co., 

Ltd. of Japan and Funai Corporation of 

Rutherford, New Jersey (collectively 

‘‘Funai’’) against several respondents 

including Vizio and AmTran. 72 FR 

64240 (2007). The complaint alleged 

violations of Section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain digital television 

products and certain products 

containing same by reason of 

infringement of one or more claims of 

U.S. Patent Nos. 6,115,074 (‘‘the ‘074 

patent’’) and 5,329,369. 

On April 10, 2009, the Commission 

terminated this investigation with a 

finding of violation of Section 337 by 

reason of infringement of claims 1, 5, 

and 23 of the ‘074 patent. 74 FR 17511 

(2009). The Commission issued a 

limited exclusion order prohibiting 

importation into the United States of 

certain digital televisions and certain 

products containing the same within the 

scope of the investigation that are 

covered by one or more of claims 1, 5, 

and 23 of the ‘074 patent and that are 

manufactured abroad by or on behalf of, 

or imported by or on behalf of various 

respondents in the above referenced 

investigation, including Vizio, Inc. 

(‘‘Vizio’’); AmTran Technology Co., Ltd. 

(‘‘AmTran’’); Syntax-Brillian Corporation 

(‘‘SBC’’); Taiwan Kolin Co., Ltd.; 

Proview International Holdings, Ltd.; 

Proview Technology (Shenzhen) Co., 

Ltd.; Proview Technology, Ltd.; TPV 

Technology, Ltd. (‘‘TPV Technology’’); 

TPV International (USA), Inc. (‘‘TPV 

USA’’); Top Victory Electronics 

(Taiwan) Co., Ltd. (‘‘Top Victory 

Electronics’’); and Envision Peripherals, 

Inc. (‘‘Envision’’). Cease-and-desist 

orders were issued against Vizio, TPV 

USA, Envision, and SBC. 

Respondents Vizio, AmTran, TPV 

Technology, TPV USA, Top Victory 

Electronics, and Envision appealed to 

the United States Court of Appeals for 

the Federal Circuit (‘‘Federal Circuit’’). 

On May 26, 2010, the Federal Circuit 

issued a decision reversing certain 

Commission findings of infringement by 

so-called ‘‘work-around’’ products and 

ordering the Commission to take action 

consistent with its opinion. See Vizio, 

Inc. v. Int’l Trade Comm’n, 605 F.3d 

1330 (Fed. Cir. 2010). 

Shortly before the Federal Circuit 

issued its opinion, respondents Vizio 

and AmTran settled with complainant 

Funai and moved to rescind the limited 

exclusion order and cease-and-desist 

orders with respect to these 

respondents. On August 9, 2010, the 

Commission rescinded the limited 

exclusion order and the cease-and-desist 

orders with respect to Vizio and 

AmTran.1

The Federal Circuit issued its 

mandate on October 28, 2010 sub nom. 

TPV Technology v. U.S. International 

Trade Commission. In accordance with 

the Federal Circuit’s order, the 

Commission has determined to modify 

the limited exclusion order and the 

cease-and-desist orders directed to the 

activities of TPV USA and Envision. 

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 210.76(a)(1) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.76(a)(1)). 

By order of the Commission. 

Issued: December 21, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–32412 Filed 12–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Agreement Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act and 

Chapter 11 of the United States 

Bankruptcy Code 

Notice is hereby given that on 

December 20, 2010, a proposed 

Settlement Agreement (‘‘Agreement’’) in 

In re Erving Industries, Inc., Case No. 

09–30623 (Bankr. D. Mass), was lodged 

with the United States Bankruptcy 

Court for the District of Massachusetts. 

The Agreement was entered into by the 

United States, on behalf of the United 

States Environmental Protection Agency 

(‘‘EPA’’) and the United States Army 

Corps of Engineers (the ‘‘Corps’’), and 

Erving Industries, Inc. (‘‘Debtor’’). The 

Agreement relates to liabilities of the 

Debtor under the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, 42 U.S.C. 

9601 et seq. (‘‘CERCLA’’). 

The Agreement provides that the Past 

Response Cost Claim shall be allowed as 

an unsecured claim in the amount of 

$25,000, and paid as an unsecured 

claim in accordance with the terms of 

the Debtor’s plan of reorganization. 

This Agreement does not preclude: (a) 

Claims against the Debtor by the United 

States under Section 107 of CERCLA, 42 

U.S.C. 9607, for recovery of response 

costs incurred after January 15, 2010 

with respect to response actions taken at 

Debtor-Owned Property, the Mill, and/ 

or the Birch Hill Dam Area including 

such response actions taken to address 

hazardous substances that have 

migrated or that may migrate from such 

Debtor-Owned Property, and/or the 

Mill, including but not limited to the 

Birch Hill Dam Area; and (b) Actions 

against the Debtor by the United States 

under CERCLA or RCRA seeking to 

compel the performance of a removal 

action, remedial action, corrective 

action, closure or any other cleanup 

action at Debtor-Owned Property, and/ 

or the Mill, including actions to address 

hazardous substances that have 

migrated, or that may migrate, from 

such Debtor-Owned Property, and/or 

the Mill, including but not limited to 

the Birch Hill Dam Area. The Debtor 

further agrees that such claims are not 

discharged or impacted in any way by 

the bankruptcy proceeding or 

confirmation of plan of reorganization. 

The United States has available to it all 

avenues to pursue such enforcement 

actions, and both parties reserve all 

defenses and counterclaims, except 

those provided under the Bankruptcy 

Code. 

Under the Agreement, the Debtor 

must comply with all obligations under 

the 2007 Consent Decree entered in 

United States v. Baldwinville Products, 

Inc., et.al. (C.A. No. 4:07–CV–40146) (D. 

Mass.). These obligations are not 

effected in any way by this bankruptcy 

proceeding or confirmation of a plan of 

reorganization. 

Under the Agreement, the United 

States covenants not to bring civil or 

administrative actions against the 

Debtor pursuant to Section 107 of 

CERCLA relating to Past Response 


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