16426 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 

Agreement of the Settlement Agreement 

on Operating Procedures for Green 

Mountain Reservoir Concerning 

Operating Limitations and in Resolution 

of the Petition Filed August 7, 2003, in 

Case No. 49–CV–2782 (The United 

States v. Northern Colorado Water 

Conservancy District, et al., U.S. District 

Court for the District of Colorado, Case 

No. 2782 and Consolidated Case Nos. 

5016 and 5017). 

20. Colorado River Water 

Conservation District, Colorado-Big 

Thompson Project, Colorado: 

Consideration of a request for a longterm contract for the use of excess 

capacity for storage and exchange in 

Green Mountain Reservoir in the 

Colorado-Big Thompson Project. 

21. Glendo Unit, P–SMBP, Wyoming: 

Contract renewal for long-term water 

service contracts with Burbank Ditch, 

New Grattan Ditch Company, 

Torrington ID, Lucerne Canal and Power 

Company, and Wright and Murphy 

Ditch Company. 

22. Glendo Unit, P–SMBP, Nebraska: 

Contract renewal for long-term water 

service contracts with Bridgeport, 

Enterprise, and Mitchell IDs. 

23. Glendo Unit, P–SMBP, Wyoming: 

Contract renewal for long-term water 

storage contract with Pacificorp. 

24. Roger W. Evans (Individual), 

Boysen Unit, P–SMBP, Wyoming: 

Renewal of long-term water service 

contracts. 

25. City of Beloit, P–SMBP, Kansas: 

Contract renewal for M&I contract. 

26. Individual Irrigators, Canyon 

Ferry Unit, P–SMBP, Montana: Replace 

temporary 1-year contracts with longterm water service contracts for minor 

amounts of less than 1,000 acre-feet of 

irrigation water annually from the 

Missouri River below Canyon Ferry 

Dam. 

27. Individual Irrigators, Lower 

Marias Unit, P–SMBP, Montana: 

Execute long-term water service 

contracts for commercial irrigation from 

Lake Elwell and the Marias River below 

Tiber Dam. 

28. Turtle Lake ID, Garrison Diversion 

Unit, North Dakota: Turtle Lake ID, 

water users, and individual irrigators 

have requested water service contracts, 

which may be short- or long-term under 

the Dakota Water Resources Act of 2000. 

29. Big Horn Canal ID, Boysen Unit, 

P–SMBP, Wyoming: Big Horn Canal ID 

has requested the renewal of their longterm water service contract. 

30. Hanover ID, Boysen Unit, P– 

SMBP, Wyoming: Hanover ID has 

requested the renewal of their long-term 

water service contract. 

31. LU Sheet Company, Boysen Unit, 

P–SMBP, Wyoming: Contract renewal of 

long-term water service contract. 

32. Busch Farms, Inc., Boysen Unit, 

P–SMBP, Wyoming: Contract renewal of 

long-term water service contract. 

33. Gorst Ranch, Boysen Unit, P– 

SMBP, Wyoming: Contract renewal of 

long-term water service contract. 

34. Helena Sand & Gravel, Helena 

valley Unit, P–SMBP, Montana: request 

for a long-term water service contract for 

M&I purposes up to 1,000 acre-feet per 

year. 

35. City of Cheyenne, Kendrick 

Project, Wyoming: the of Cheyenne has 

requested an amendment to its water 

storage contract to increase the storage 

entitlement to 15,700 acre-feet of storage 

space in Seminoe Reservoir. 

36. Central Nebraska Public Power 

and ID, Glendo unit, P–SMBP, 

Nebraska: Request to amend current 

repayment contract. 

37. Busk-Ivanhoe, Inc., FryingpanArkansas project, Colorado: Contract 

renewal for their long-term carriage and 

storage contract. 

38. State of Colorado, Department of 

Corrections, Fryingpan-Arkansas 

Project, Colorado: Consideration of a 

request for long-term excess capacity 

storage out of Pueblo Reservoir. 

39. Southeastern Water Conservancy 

District, Fryingpan-Arkansas Project, 

Colorado: Consideration of a master 

storage contract. 

The following actions have been 

completed since the last publication of 

this notice on November 20, 2008: 

1. (8) Savage ID, P–SMBP, Montana: 

The District is currently seeking title 

transfer. The contract is subject to 

renewal pending outcome of the title 

transfer process. The existing interim 

contract expired in May 2008. A 5-year 

interim contract was offer to the District 

on June 28, 2008. Contract executed 

October 22, 2008. 

2. (12) Individual irrigators, Heart 

Butte Unit, P–SMBP, North Dakota: 

Renew long-term water service contracts 

for minor amounts of less than 1,000 

acre-feet of irrigation water annually 

from the Heart River below Heart Butte 

Dam. Contracts executed between 

February and April 2008. 

February 11, 2009. 

Roseann Gonzales, 

Director, Policy and Program Services Denver 

Office. 

[FR Doc. E9–8189 Filed 4–9–09; 8:45 am] 

BILLING CODE 4310–MN–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–604] 

In the Matter of Certain Sucralose, 

Sweeteners Containing Sucralose, and 

Related Intermediate Compounds 

Thereof; Notice of Commission 

Issuance of a Limited Exclusion Order; 

Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has issued a limited 

exclusion order against eleven 

respondents in the above-captioned 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), and has 

terminated the investigation. 

FOR FURTHER INFORMATION CONTACT: 

James A. Worth, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3065. 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 (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 May 10, 2007, based upon a 

complaint filed on behalf of Tate & Lyle 

Technology Ltd. of London, United 

Kingdom, and Tate & Lyle Sucralose, 

Inc. of Decatur, Illinois (collectively, 

‘‘Tate & Lyle’’). The complaint alleged 

violations of section 337(a)(1)(B) of the 

Tariff Act of 1930 (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 sucralose, sweeteners 

containing sucralose, and related 

intermediate compounds thereof by 

reason of infringement of various claims 

of United States Patent Nos. 4,980,463 

(‘‘the ‘463 patent’’); 5,470,969 (‘‘the ‘969 

Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 16427 

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

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

patent’’); 5,034,551 (‘‘the ‘551 patent’’); 

5,498,709 (‘‘the ‘709 patent’’); and 

7,049,435 (‘‘the ‘435 patent’’). The 

notice of investigation named twentyfive respondents. 

On August 15, 2007, the Commission 

issued notice of its determination not to 

review an ID allowing JK Sucralose, Inc. 

(‘‘JK Sucralose’’) to intervene as a 

respondent in the investigation. On 

August 30, 2007, the Commission issued 

notice of its determination not to review 

an ID terminating the investigation with 

respect to ProFood International Inc. on 

the basis of a consent order. On October 

3, 2007, the Commission issued notice 

of its determination not to review an ID 

adding Heartland Sweeteners, LLC 

(‘‘Heartland Sweeteners’’) as a 

respondent in the investigation. The 

respondents who remain parties to the 

investigation are therefore: Changzhou 

Niutang Chemical Plant Co. 

(‘‘Changzhou Niutang Chemical’’); 

Guangdong Food Industry Institute and 

L&P Food Ingredient Co., Ltd. 

(‘‘GDFII’’); Hebei Sukerui Science and 

Technology Co., Ltd. (‘‘Hebei Sukerui 

Science’’); JK Sucralose; Beijing Forbest 

Chemical Co., Ltd.; Beijing Forbest 

Trade Co., Ltd.; Forbest International 

USA, LLC; U.S. Niutang Chemical, Inc.; 

Garuda International, Inc.; Heartland 

Packaging Corporation; Heartland 

Sweeteners; MTC Industries, Inc.; 

Nantong Molecular Technology Co., 

Ltd.; AIDP, Inc.; Fortune Bridge Co., Inc. 

(‘‘Fortune Bridge’’); Nu-Scaan 

Nutraceuticals (‘‘Nu-Scaan’’); CJ 

America, Inc. (‘‘CJ America’’); Vivion, 

Inc. (‘‘Vivion’’); Gremount International 

Co., Ltd. (‘‘Gremount’’); Hebei Province 

Chemical Industry Academe (‘‘Hebei 

Academe’’); Hebei Research Institute of 

Chemical Industry (‘‘Hebei Research’’); 

Lianyungang Natiprol (Int’l) Co., Ltd. 

(‘‘Lianyungang Natiprol’’); Ruland 

Chemistry Co., Ltd. (‘‘Ruland’’); 

Shanghai Aurisco Trading Co., Ltd. 

(‘‘Shanghai Aurisco’’); and Zhongjin 

Pharmaceutical (Hong Kong) Co. 

(‘‘Zhongjin’’). Some of these 

respondents have been found in default. 

On September 22, 2008, the presiding 

administrative law judge issued a final 

initial determination (‘‘final ID’’) finding 

no violation of section 337 (with the 

exception of certain non-participating 

and defaulted respondents). On October 

6, 2008, Tate & Lyle, four sets of 

respondents, and the Commission 

investigative attorney (‘‘IA’’) each filed 

petitions for review. On November 21, 

2008, the Commission issued notice of 

its determination to review the final ID 

in its entirety and requested briefing on 

the issues on review and on remedy, the 

public interest, and bonding, including 

responses to certain questions. 

On review, the Commission found no 

violation on the merits with respect to 

the ‘463, ‘969, and ‘551 patents, for the 

reasons set forth in the Commission 

opinion. As to the ‘969 patent, 

respondents Shanghai Aurisco and 

Zhongjin were previously found to have 

defaulted. Additionally, the 

Commission found CJ America, Inc. to 

have admitted infringement and to have 

agreed to the entry of an exclusion order 

as to the ‘969 patent. As to the ‘709 and 

‘435 patents, respondents Gremount, 

Hebei Academe, Lianyungang Natiprol, 

Ruland, and Hebei Research were 

previously found to have defaulted with 

respect to the ‘709 and ‘435 patents, and 

Shanghai Aurisco and Zhongjin were 

previously found to have defaulted with 

respect to the ‘709 patent. Additionally, 

the Commission found CJ America to 

have admitted infringement and to have 

agreed to the entry of a remedial order 

as to the ‘709 patent, that nonparticipating respondents Vivion and 

Fortune Bridge were subject to adverse 

inferences with respect to the ‘709 and 

‘435 patents under Commission Rule 

210.17, and that non-participating 

respondent Nu-Scaan was subject to 

adverse inferences with respect to the 

‘709 patent under Commission Rule 

210.17. 

The Commission has determined that 

the appropriate form of relief in this 

investigation is a limited exclusion 

order prohibiting the unlicensed entry 

of certain sucralose and sweeteners 

containing sucralose by reason of 

infringement of one or more of claims 

20, 21–26, 28, and 29 of the ‘969 patent 

by Shanghai Aurisco, Zhongjin, and CJ 

America; of claims 8, 9, and 13 of the 

‘709 patent by Gremount, Hebei 

Academe, Lianyungang Natiprol, Hebei 

Research, Ruland, Shanghai Aurisco, 

Zhongjin, CJ America, Nu-Scaan, 

Vivion, and Fortune Bridge; and of 

claim 1 of the ‘435 patent by Gremount, 

Hebei Academe, Lianyungang Natiprol, 

Ruland, Hebei Research, Vivion, and 

Fortune Bridge, with the caveat that the 

order not apply to sucralose supplied to 

these respondents by the manufacturing 

respondents who were found to either 

not infringe or against whom 

infringement allegations were 

withdrawn as to the patents asserted in 

the investigation. These manufacturing 

respondents are Changzhou Niutang 

Chemical, GDFII, Hebei Sukerui 

Science, and JK Sucralose. The 

Commission further determined that the 

public interest factors enumerated in 

section 337(d)(1),(g)(1), 19 U.S.C. 

1337(d)(1),(g)(1), do not preclude 

issuance of the limited exclusion order. 

Finally, the Commission determined 

that the bond under the limited 

exclusion order during the Presidential 

review period shall be in the amount of 

100 percent of the entered value of the 

imported articles. The Commission’s 

orders were delivered to the President 

and the United States Trade 

Representative on the day of their 

issuance. 

The Commission has therefore 

terminated this investigation. 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 sections 

210.16(c) and 210.41–.42, 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16(c) and 

210.41–.42, 210.50). 

Issued: April 9, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–8154 Filed 4–9–09; 8:45 am] 

BILLING CODE 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1145 (Final)] 

Certain Steel Threaded Rod From 

China Determination 

On the basis of the record 1 developed 

in the subject investigation, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

section 735(b) of the Tariff Act of 1930 

(19 U.S.C. 1673d(b)) (the Act), that an 

industry in the United States is 

materially injured by reason of imports 

from China of certain steel threaded rod, 

provided for in subheading 7318.15.50 

of the Harmonized Tariff Schedule of 

the United States, that have been found 

by the Department of Commerce 

(Commerce) to be sold in the United 

States at less than fair value (LTFV). 

Background 

The Commission instituted this 

investigation effective March 5, 2008, 

following receipt of a petition filed with 

the Commission and Commerce by 

Vulcan Threaded Products, Pelham, AL. 

The final phase of the investigation was 

scheduled by the Commission following 

notification of a preliminary 

determination by Commerce that 

imports of certain steel threaded rod 

from China were being sold at LTFV 

within the meaning of section 733(b) of 

the Act (19 U.S.C. 1673b(b)). Notice of 

the scheduling of the final phase of the