9428 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 

responsibilities pursuant to the Native 

American Graves Protection and 

Repatriation Act (25 U.S.C. 3006 (g)). 

The findings of fact and 

recommendations to the disputing 

parties do not necessarily represent the 

views of the National Park Service or 

the Secretary of the Interior. 

SUMMARY: 

The Native American Graves 

Protection and Repatriation Review 

Committee (Review Committee) was 

established by Section 8 of the Native 

American Graves Protection and 

Repatriation Act (NAGPRA; 25 U.S.C. 

3006) and is an advisory body governed 

by the Federal Advisory Committee Act 

(5 App. U.S.C. 1-16). At its October 11- 

12, 2008 public meeting in San Diego, 

CA, the Review Committee, acting 

pursuant to its responsibilities to 

convene the parties to a dispute, review 

the information provided by the parties, 

and make findings of fact and 

recommendations relating to the 

cultural affiliation of the human 

remains in an inventory, heard a dispute 

between the Onondaga Nation and the 

New York State Museum. The issue 

before the Review Committee was 

whether the relevant information 

presented by the Onondaga Nation 

shows that, more likely than not, a 

relationship of shared group identity 

reasonably can be traced between the 

Onondaga Nation and human remains 

representing a minimum of 180 

individuals which had been removed 

from the ‘‘Engelbert Site,’’ also known 

as NYSM Site #171, in Nichols, Tioga 

County, New York and which are in the 

possession and under the control of the 

New York State Museum. The Review 

Committee found, by a preponderance 

of the evidence, that a relationship of 

shared group identity reasonably can be 

traced between the present-day 

Onondaga Nation and the human 

remains from the Engelbert Site. 

SUPPLEMENTARY INFORMATION: In 1998, 

the New York State Museum (the 

Museum) completed an ‘‘Inventory of 

Native American Human Remains from 

the Engelbert Site, Tioga County, New 

York (NYSM Site #171), in the 

Possession of the New York State 

Museum’’ (the inventory). The Native 

American human remains were 

excavated and removed from the 

Engelbert Site in 1967 and 1968, as a 

result of the construction of the 

Southern Tier Expressway (New York 

State Route 17). The Museum had 

acquired the human remains in question 

in 1989. The Museum determined that 

all the human remains in the inventory 

were culturally unidentifiable. 

In 2007, the Onondaga Nation (the 

Nation) presented to the Museum 

information relevant to showing cultural 

affiliation between the Nation and the 

human remains in question, and 

requested that the Museum repatriate 

the human remains listed in the 

inventory to the Nation. In response, the 

Museum refused to repatriate the 

human remains in the inventory to the 

Nation, asserting that the Nation had not 

shown cultural affiliation by a 

preponderance of the evidence. 

Disputing the decision of the 

Museum, the Nation asked the Review 

Committee to facilitate the dispute 

between the Nation and the Museum. 

The Review Committee Chair agreed to 

the Nation’s request. 

At its October 11-12, 2008 meeting, 

the Review Committee considered the 

dispute between the Nation and the 

Museum. The sole issue of material fact 

between the parties was whether the 

relevant information provided by the 

Onondaga Nation showed, by a 

preponderance of the evidence, cultural 

affiliation between the human remains 

listed in the inventory and the Nation 

on the basis of geographical, kinship, 

biological, archeological, 

anthropological, linguistic, folkloric, 

oral traditional, historical, or other 

relevant information or expert opinion. 

FINDINGS OF FACT: By a vote of five to 

one - six members, comprising a 

quorum, were present -- the Review 

Committee found that the 

preponderance of the evidence shows a 

relationship of shared group identity 

between the Onondaga Nation (and the 

greater Haudenosaunee Confederacy, of 

which the Nation is a member-nation) 

and the remains of the 180 Native 

American individuals in the Engelbert 

Site inventory. 

RECOMMENDATIONS TO THE DISPUTING

PARTIES: By a vote of five to one - six 

members, comprising a quorum, were 

present -- the Review Committee 

recommended that, consistent with the 

NAGPRA criteria, the New York State 

Museum expeditiously repatriate the 

remains of the 180 Native American 

individuals in the Engelbert Site 

inventory to the Onondaga Nation. In 

addition, by a unanimous vote - six 

members, comprising a quorum, were 

present -- the Review Committee 

recommended that the New York State 

Museum reevaluate the cultural 

affiliation of all the Native American 

human remains in its possession, or 

under its control, which, on the basis of 

their age, the Museum hitherto had 

determined to be ‘‘culturally 

unidentifiable’’ and that, in doing so, 

the Museum use the preponderance of 

all the available, relevant evidence as 

the standard for deciding cultural 

affiliation or lack thereof. 

Dated: February 27, 2009 

Rosita Worl 

Chair, Native American Graves Protection 

and Repatriation Review Committee 

[FR Doc. E9–4668 Filed 3–3–09; 8:45 am] 

BILLING CODE 4312–50–S 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–668] 

In the Matter of Certain Non-Shellfish 

Derived Glucosamine and Products 

Containing Same; 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 

January 28, 2009, under section 337 of 

the Tariff Act of 1930, as amended, 19 

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

Incorporated of Wayzata, Minnesota. A 

letter supplementing the complaint was 

filed on February 13, 2009. The 

complaint alleges violations of section 

337 based upon the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain nonshellfish derived glucosamine and 

products containing same by reason of 

infringement of certain claims of U.S. 

Patent No. 7,049,433. The 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 an 

exclusion order and cease and desist 

orders. 

ADDRESSES: The 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. 

Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9429 

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. 

FOR FURTHER INFORMATION CONTACT: Erin 

D.E. Joffre, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, telephone (202) 205–2550. 

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 

(2008). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

February 25, 2009, 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 non-shellfish 

derived glucosamine and products 

containing same that infringe one or 

more of claims 1–10 of U.S. Patent No. 

7,049,433, 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—Cargill, 

Incorporated, 15407 McGinty Rd. W., 

Wayzata, Minnesota 55391. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Nantong Foreign Trade Medicines & 

Health Products Co., Ltd., 6/F 

Commercial Building, 15 Middle 

Quingnian Rd., Nantong, Jiangsu, 

China 226006. 

DNP International, Inc., 12802 

Leffingwell Ave., Bldg. E, Santa Fe 

Springs, CA 90670. 

Tiancheng International, Inc. (USA), 

2851 E. Philadelphia St., Ontario, CA 

91761–8553. 

Hygieia Health Co., Ltd., Building # 54, 

5/F 1089 Qinzhou Road (N), 

Shanghai, China 200233. 

TSI Health Sciences, Inc., 7168 

Expressway, Missoula, MT 59808– 

8587. 

Ethical Naturals, Inc., 330 Sir Francis 

Drake Blvd., Suite H, San Anselmo, 

CA 94960. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Erin D.E. Joffre, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge. 

Responses to the 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 complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

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 

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 complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

Issued: February 26, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–4539 Filed 3–3–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–005] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: March 11, 2009 at 11 

a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification list. 

4. Inv. Nos. 701–TA–460 and 461 

(Preliminary) (Ni-Resist Pistons Inserts 

From Argentina and Korea)—briefing 

and vote. (The Commission is currently 

scheduled to transmit its determinations 

to the Secretary of Commerce on or 

before March 12, 2009; Commissioners’ 

opinions are currently scheduled to be 

transmitted to the Secretary of 

Commerce on or before March 19, 2009.) 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

Issued: February 26, 2009. 

By order of the Commission. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–4524 Filed 3–3–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–006] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: March 12, 2009 at 11 

a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification list. 

4. Inv. Nos. 731–TA–1014, 1016, and 

1017 (Second Review) (Polyvinyl 

Alcohol from China, Japan, and 

Korea)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determinations and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

March 26, 2009.) 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

Issued: February 26, 2009.