Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38229 

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

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

the Secretary of Commerce on July 27, 

2009. The views of the Commission are 

contained in USITC Publication 4090 

(July 2009), entitled Certain Tow-Behind 

Lawn Groomers and Parts Thereof from 

China: Investigation Nos. 701–TA–457 

and 731–TA–1153 (Final). 

By order of the Commission. 

Issued: July 27, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. E9–18251 Filed 7–30–09; 8:45 am] 

BILLING CODE 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; Order: Denial 

of Motion for a Stay of Exclusion Order 

and Cease and Desist Orders 

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, Inc. of 

Irvine, California (‘‘Vizio’’); AmTran 

Technology Co., Ltd. of Taiwan 

(‘‘AmTran’’); Syntax-Brillian 

Corporation of Tempe, Arizona (‘‘SBC’’); 

Taiwan Kolin Co., Ltd. of Taiwan 

(‘‘Taiwan Kolin’’); Proview International 

Holdings, Ltd. of Hong Kong (‘‘Proview 

International’’); Proview Technology 

(Shenzhen) Co., Ltd. of China (‘‘Proview 

Shenzhen’’); Proview Technology, Ltd. 

of Garden Grove, California (‘‘Proview 

Technology’’); TPV Technology, Ltd. of 

Hong Kong (‘‘TPV Technology’’); TPV 

International (USA), Inc. of Austin, 

Texas (‘‘TPV USA’’); Top Victory 

Electronics (Taiwan) Co., Ltd. of Taiwan 

(‘‘Top Victory’’); and Envision 

Peripherals, Inc. of Fremont, California 

(‘‘Envision’’). 72 FR 64240 (2007). The 

complaint alleges 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 as to 

the ’074 patent. The Commission 

determined that the appropriate form of 

relief is (1) a limited exclusion order 

under 19 U.S.C. 1337(d)(1) prohibiting 

the unlicensed entry of certain digital 

television products and certain products 

containing the same that infringe one or 

more of claims 1, 5, and 23 of the ’074 

patent, and are manufactured abroad by 

or on behalf of, or imported by or on 

behalf of, Vizio, AmTran, SBC, Taiwan 

Kolin, Proview International, Proview 

Shenzhen, Proview Technology, TPV 

Technology, TPV USA, Top Victory, 

and Envision; and (2) cease and desist 

orders directed to Vizio, SBC, Proview 

Technology, TPV USA, and Envision. 

On June 2, 2009, respondents Vizio, 

AmTran, TPV Technology, TPV USA, 

Top Victory, and Envision (collectively 

‘‘Respondents’’) filed a motion to stay 

the limited exclusion and cease and 

desist orders pending appeal of the 

Commission’s determination to the U.S. 

Court of Appeals for the Federal Circuit. 

Funai and the Commission investigative 

attorney (‘‘IA’’) filed responses opposing 

the motion on June 12, 2009. On June 

18, 2009, Respondents filed a motion for 

leave to file a joint reply in support of 

their motion to stay. The IA filed an 

opposition to this motion on June 29, 

2009. 

Upon consideration of this matter, the 

Commission hereby orders that: 

1. Respondents’ motion to stay 

enforcement of the limited exclusion 

order and cease and desist orders 

pending appeal is denied. 

2. Respondents’ motion for leave to 

file a joint reply in support of motion to 

stay enforcement of the limited 

exclusion order and cease and desist 

order pending appeal is denied. 

3. Notice of this Order and a 

Commission Opinion to be issued at a 

later date shall be served on the parties 

to this investigation. 

By order of the Commission. 

Issued: July 28, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. E9–18329 Filed 7–30–09; 8:45 am] 

BILLING CODE P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–466 and 731– 

TA–1162 (Preliminary)] 

Wire Decking From China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

sections 703(a) and 733(a) of the Tariff 

Act of 1930 (19 U.S.C. 1671b(a) and 

1673b(a)) (the Act), that there is a 

reasonable indication that an industry 

in the United States is materially 

injured, by reason of imports from 

China of wire decking, provided for in 

subheading 9403.90.80 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) and subsidized by the 

Government of China. 

Commencement of Final Phase 

Investigations 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in section 207.21 of the 

Commission’s rules, upon notice from 

the Department of Commerce 

(Commerce) of affirmative preliminary 

determinations in the investigations 

under sections 703(b) or 733(b) of the 

Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under sections 705(a) or 735(a) of the 

Act. Parties that filed entries of 

appearance in the preliminary phase of 

the investigations need not enter a 

separate appearance for the final phase 

of the investigations. Industrial users, 

and, if the merchandise under 

investigation is sold at the retail level, 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to the investigations. 

Background 

On June 5, 2009, a petition was filed 

with the Commission and Commerce by 


PWALKER on DSK8KYBLC1PROD with NOTICES
38230 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

AWP Industries, Inc., Frankfort, KY; ITC 

Manufacturing, Inc., Phoenix, AZ; J&L 

Wire Cloth, Inc., St. Paul, MN; Nashville 

Wire Products Mfg. Co., Inc., Nashville, 

TN; and Wireway Husky Corp., Denver, 

NC, alleging that an industry in the 

United States is materially injured or 

threatened with material injury by 

reason of LTFV and subsidized imports 

of wire decking from China. 

Accordingly, effective June 5, 2009, the 

Commission instituted countervailing 

duty investigation No. 701–TA–466 and 

antidumping duty investigation No. 

731–TA–1162 (Preliminary). 

Notice of the institution of the 

Commission’s investigations 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 June 11, 2009 (74 FR 

27823). The conference was held in 

Washington, DC, on June 26, 2009, and 

all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission transmitted its 

determinations in these investigations to 

the Secretary of Commerce on July 20, 

2009. The views of the Commission are 

contained in USITC Publication 4092 

(July 2009), entitled Wire Decking from 

China: Investigation Nos. 701–TA–466 

and 731–TA–1162 (Preliminary). 

By order of the Commission. 

Issued: July 27, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. E9–18252 Filed 7–30–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response 

Compensation and Liability Act 

(‘‘CERCLA’’) 

Notice is hereby given that on July 21, 

2009, a proposed Consent Decree in 

United States v. Princeton GammaTech, Inc., et al. (D.N.J.) No. 91–809 

(AET), was lodged with the United 

States District Court for the District of 

New Jersey. 

In this action, the United States 

sought the recovery of response costs 

pursuant to section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9607(a), from certain Defendants for 

response costs incurred at the Rocky 

Hill Municipal Wellfield Superfund Site 

and the Montgomery Township Housing 

Development Superfund Site (the 

‘‘Sites’’), located in Somerset County, 

New Jersey. Pursuant to the proposed 

Consent Decree, Frederick Van Cleef 

and Cornelius DeCicco (‘‘Settling 

Defendants’’) will pay to the United 

States $234,500 in reimbursement of 

past and future response costs incurred 

by the United States with respect to the 

Sites. In addition, the Settling 

Defendants will pay $155,000 to the 

State of New Jersey in reimbursement of 

past and future response costs and 

natural resources damages related to the 

Sites. The proposed Consent Decree 

provides the Settling Defendants with a 

covenant not to sue pursuant to sections 

106 and 107 of CERCLA, 42 U.S.C. 9606 

and 9607. 

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, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Princeton Gamma-Tech, Inc., 

et al. (D.N.J.) No. , D.J. Ref. 90–11–2– 

290. 

The consent decree may be examined 

at the Office of the United States 

Attorney, District of New Jersey, 

Clarkson S. Fisher Federal Building and 

U.S. Courthouse, 402 E. State Street, 

Trenton, New Jersey 08608 (contact 

AUSA Irene Dowdy), and at U.S. EPA 

Region II, 290 Broadway, New York, 

New York 10007–1866 (contact Amelia 

Wagner). 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/ 

Consent_Decrees.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 $13.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–18268 Filed 7–30–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response 

Compensation and Liability Act 

(‘‘CERCLA’’) 

Notice is hereby given that on July 21, 

2009, a proposed Consent Decree in 

United States v. Princeton GammaTech, Inc., et al. (D.N.J.) No. 91–809 

(AET), was lodged with the United 

States District Court for the District of 

New Jersey. 

In this action, the United States 

sought the recovery of response costs 

pursuant to Section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Recovery 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9607(a), from Defendants for response 

costs incurred at the Rocky Hill 

Municipal Wellfield Superfund Site and 

the Montgomery Township Housing 

Development Superfund Site (the 

‘‘Sites’’), located in Somerset County, 

New Jersey. Pursuant to the proposed 

Consent Decree, the Settling Defendants 

will pay to the United States $1,842,500 

in reimbursement of past and future 

response costs incurred by the United 

States with respect to the Sites. In 

addition, the Settling Defendants will 

pay $907,500 to the State of New Jersey 

in reimbursement of past and future 

response costs and natural resources 

damages related to the Sites. The 

proposed Consent Decree provides the 

Settling Defendants with a covenant not 

to sue pursuant to Sections 106 and 107 

of CERCLA, 42 U.S.C. 9606 and 9607. 

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, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Princeton Gamma-Tech, Inc., 

et al. (D.N.J.) No., D.J. Ref. 90–11–2–290. 

The consent decree may be examined 

at the Office of the United States 

Attorney, District of New Jersey, 


PWALKER on DSK8KYBLC1PROD with NOTICES