8900 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 

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 210.16, 210.42, and 210.50 of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.16, 210.42, and 

210.50. 

By order of the Commission. 

Issued: February 9, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–3467 Filed 2–14–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–768] 

Certain Vaginal Ring Birth Control 

Devices; Termination of the 

Investigation Based on Withdrawal of 

the Complaint 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 30) of the presiding 

administrative law judge (‘‘ALJ’’) 

terminating the above-captioned 

investigation based on withdrawal of 

the complaint. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

708–2310. Copies of non-confidential 

documents filed in connection with this 

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 February 25, 2011, based on a 

complaint filed by Femina Pharma 

Incorporated of Miami, Florida. 76 FR 

17444. 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 vaginal birth control devices by 

reason of infringement of certain claims 

of U.S. Patent No. 6,086,909. The 

complaint further alleges the existence 

of a domestic industry. The 

Commission’s notice of investigation 

named the following respondents: The 

Canamerican Drugs Inc., The 

Canamerican Global, Inc., Canadian 

Med Service, Panther Meds Inc., Canada 

Drugs Online, Canadadrugs.com LP, and 

North Drug Store, collectively of 

Winnipeg, Manitoba, Canada; Drug 

World Canada, CanDrug Health 

Solutions Inc., Big Mountain Drugs, 

BestBuyRx.com, and Blue Sky Drugs, 

collectively of Surrey, British Columbia, 

Canada; ABC Online Pharmacy of 

Burnaby, British Columbia, Canada; 

Canada Pharmacy of Blaine, Washington 

(collectively, ‘‘the non-participating 

respondents’’); and Merck & Co., Inc. of 

Whitehouse Station, New Jersey; 

Schering Plough Corporation of 

Kenilworth, New Jersey; CVS Caremark 

Corporation (‘‘CVS Caremark’’) and CVS 

Pharmacy, Inc., both collectively of 

Woonsocket, Rhode Island; Wal-Mart 

Stores, Inc. of Bentonville, Arkansas; 

Walgreens Co. of Deerfield, Illinois; 

Organon USA, Inc. of Durham, North 

Carolina; and N.V. Organon of Oss, 

Netherlands. 

On June 3, 2011, the Commission 

issued notice of its determination not to 

review the ALJ’s ID granting 

complainant’s and CVS Caremark’s joint 

motion to terminate the investigation as 

to CVS Caremark. On August 17, 2011, 

the Commission issued notice of its 

determination not to review the ALJ’s ID 

finding the non-participating 

respondents in default. 

On January 17, 2012, complainant 

moved to terminate the investigation as 

to all respondents, including those 

previously found in default, on the basis 

of withdrawal of its complaint. No party 

opposed the motion. 

The ALJ issued the subject ID on 

January 20, 2012, granting the motion 

for termination of the investigation. He 

found that the motion for termination 

satisfied Commission rule 210.21(a). No 

party petitioned for review of the ID. 

The Commission has determined not to 

review the ID, and the investigation is 

terminated. 

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 210.21 and 210.42(h) of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.21, 210.42(h). 

Issued: February 9, 2012. 

By order of the Commission. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–3468 Filed 2–14–12; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, Liability, and 

Compensation Act 

Notice is hereby given that on 

February 9, 2012, a proposed Consent 

Decree in United States and Nebraska v. 

NL Industries, Inc., Civil Action No. 

8:12-cv-00059 was lodged with the 

United States District Court for the 

District of Nebraska. 

In that lawsuit, the United States and 

State of Nebraska seek to recover 

response costs pursuant to the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (‘‘CERCLA’’) in connection with the 

U.S. Environmental Protection Agency’s 

continuing cleanup of the Omaha Lead 

Superfund Site. The proposed consent 

decree will require NL Industries, Inc. to 

pay $624,000 to the Hazardous 

Substance Superfund in partial 

reimbursement of the United States’ 

response costs and pay $26,000 to the 

Nebraska Department of Environmental 

Quality. 

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 emailed 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 and Nebraska v. NL Industries, 

Inc., D.J. Ref. 90–11–3–07834/5. 

During the public comment period, 

the Consent Decree, may also be 

examined on the following Department 

of Justice Web site, http:// 


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