Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices 16819 

infringement, domestic industry, and 

validity as those issues relate to the ‘889 

patent? 

Furthermore, in connection with the 

final disposition of this investigation, 

the Commission may (1) Issue an order 

that could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent being required 

to cease and desist from engaging in 

unfair acts in the importation and sale 

of such articles. Accordingly, the 

Commission is 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 under 

review. The submissions should be 

concise and thoroughly referenced to 

the record in this investigation, 

including references to exhibits and 

testimony. Additionally, 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 

recommended determination by the ALJ 

on remedy and bonding. Complainants 

and the Commission investigative 

attorney are also requested to submit 

proposed remedial orders for the 

Commission’s consideration. 

Complainants are also requested to state 

the dates that the 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 April 9, 2007. 

Reply submissions must be filed no later 

than the close of business on April 16, 

2007. 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 

section 210.42–46 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–46). 

Issued: March 30, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–6393 Filed 4–4–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–599] 

In the Matter of Certain Lighting 

Control Devices Including Dimmer 

Switches and/or Switches and Parts 

Thereof; Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

March 2, 2007, under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Lutron 

Electronics Co., Inc. of Coopersburg, 

Pennsylvania. An amended complaint 

was filed on March 19, 2007. The 

amended complaint alleges violations of 

section 337 in the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain lighting 

control devices including dimmer 

switches and/or switches and parts 

thereof by reason of infringement of 

certain claims of U.S. Patent Nos. 

5,637,930, 5,248,919, 5,982,103, 

5,905,442, and 5,736,965. The amended 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue a 

permanent exclusion order and 

permanent cease and desist orders. 

ADDRESSES: The amended complaint, 

except for any confidential information 

contained therein, is 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., Room 112, Washington, DC 

20436, telephone 202–205–2000. 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the 

Commission’s TDD terminal on 202–

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 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://www.usitc.gov/secretary/ 

edis.htm 


jlentini on PROD1PC65 with NOTICES
16820 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Levi, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2781. 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, and in section 

210.10 of the Commission’s Rules of 

Practice and Procedure, 19 CFR 210.10 

(2006). 

Scope of Investigation: Having 

considered amended complaint, the 

U.S. International Trade Commission, 

on March 30, 2007, Ordered that—

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain lighting control 

devices including dimmer switches 

and/or switches and parts thereof by 

reason of infringement of one or more of 

claims 1, 36, 65, 83, 85, 87, 89, 90, 94, 

112, 114, 116, 118, 119, 123, 149, 178, 

193, 195, 197, 199, and 200 of U.S. 

Patent No. 5,637,930; claims 44, 47, and 

49 of U.S. Patent No. 5,248,919; claims 

1–5, 8–10, 12, and 22 of U.S. Patent No. 

5,982,103; claims 151, 152, and 155–157 

of U.S. Patent No. 5,905,442; and claims 

1, 3, and 14 of U.S. Patent No. 

5,736,965; and whether an industry in 

the United States exists as required by 

subsection (a)(2) of section 337; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is—Lutron 

Electronics Co., Inc., 7200 Suter Road, 

Coopersburg, Pennsylvania 18036. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the amended complaint is to be 

served: 

Leviton Manufacturing Co., Inc., 59–25 

Little Neck Parkway, Little Neck, New 

York 11362. 

Control4, 11734 South Election Road, 

Salt Lake City, Utah 84020. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Benjamin Levi, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Room 401–R, Washington, DC 20436; 

and 

(3) For the investigation so instituted, 

the Honorable Robert L. Barton, Jr. is 

designated as the presiding 

administrative law judge. 

Responses to the amended complaint 

and the notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the amended complaint 

and the notice of investigation. 

Extensions of time for submitting 

responses to the amended complaint 

and the notice of investigation will not 

be granted unless good cause therefor is 

shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

amended complaint and in this notice 

may be deemed to constitute a waiver of 

the right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the amended complaint and 

this notice and to enter an initial 

determination and a final determination 

containing such findings, and may 

result in the issuance of a limited 

exclusion order or cease and desist 

order or both directed against a 

respondent. 

Issued: March 30, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–6394 Filed 4–4–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on March 

23, 2007, a proposed consent decree in 

United States v. Allied Waste Industries 

and Waste Management, Civil Action 

No. 06–5245, was lodged with the 

United States District Court for the 

Northern District of Illinois. 

In this cost recovery action brought 

pursuant to the Comprehensive 

Environmental Response, Compensation 

and Liability Act, 42 U.S.C. 9607, the 

United States sought recovery of 

unreimbursed past response costs and 

prejudgement interest incurred by the 

United States Environmental Protection 

Agency at the Tri-County/Elgin 

Landfills Superfund Site located near 

Elgin in Kane County, Illinois. Under 

the proposed consent decree, Allied 

Waste Industries, Inc. (formerly known 

as BFI Waste Industries) and Waste 

Management of Illinois, Inc. will pay a 

total of $2,120,000 to the Hazardous 

Substance Superfund. 

The Department of Justice will accept 

comments relating to the proposed 

consent decree for a period of thirty (30) 

days from the date of publication of this 

notice. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and mailed either 

electronically to pubcommentees.enrd@usdoj.gov or in hard copy to 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611. 

Comments should refer to United States 

v. Allied Waste, et al., Civil No. 06–5245 

(N.D. Ill.) and D.J. Reference No. 90–11–

3–08672. 

The proposed consent decree may be 

examined at: (1) The Office of the 

United States Attorney for the Northern 

District of Illinois, 219 South Dearborn 

Street, Suite 500, Chicago, Illinois 

60604, (312) 353–5300; and (2) the 

United States Environmental Protection 

Agency (Region 5), 77 West Jackson 

Boulevard, Chicago, Illinois 60604–3590 

(contact Jeffrey A. Cahn (312–886–

6670)). During the comment period, the 

proposed consent decree may also be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decree.html. A copy of the 

proposed consent decree may also be 

obtained by mail from the Department 

of Justice Consent Decree Library, P.O. 

Box 7611, 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 refer to the referenced case and 

D.J. Reference No. 90–11–3–08672, and 

enclose a check in the amount of $24.50 

for the consent decree (98 pages at 25 

cents per page reproduction costs), 

made payable to the U.S. Treasury. 

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division. 

[FR Doc. 07–1655 Filed 4–4–07; 8:45 am] 

BILLING CODE 4410–15–M 


jlentini on PROD1PC65 with NOTICES