Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35247 

Secretary will make BPI gathered in the 

final phase of these investigations 

available to authorized applicants under 

the APO issued in the investigations, 

provided that the application is made 

no later than 21 days prior to the 

hearing date specified in this notice. 

Authorized applicants must represent 

interested parties, as defined by 19 

U.S.C. 1677(9), who are parties to the 

investigations. A party granted access to 

BPI in the preliminary phase of the 

investigations need not reapply for such 

access. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Staff report.—The prehearing staff 

report in the final phase of these 

investigations will be placed in the 

nonpublic record on September 7, 2022, 

and a public version will be issued 

thereafter, pursuant to § 207.22 of the 

Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of these investigations beginning 

at 9:30 a.m. on September 22, 2022. 

Information about the place and form of 

the hearing, including about how to 

participate in and/or view the hearing, 

will be posted on the Commission’s 

website at https://www.usitc.gov/ 

calendarpad/calendar.html. Interested 

parties should check the Commission’s 

website periodically for updates. 

Requests to appear at the hearing should 

be filed in writing with the Secretary to 

the Commission on or before September 

15, 2022. A nonparty who has testimony 

that may aid the Commission’s 

deliberations may request permission to 

present a short statement at the hearing. 

All parties and nonparties desiring to 

appear at the hearing and make oral 

presentations should attend a 

prehearing conference to be held at 9:30 

a.m. on September 21, 2022. Oral 

testimony and written materials to be 

submitted at the public hearing are 

governed by sections 201.6(b)(2), 

201.13(f), and 207.24 of the 

Commission’s rules. Parties must submit 

any request to present a portion of their 

hearing testimony in camera no later 

than 7 business days prior to the date of 

the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of § 207.23 of the 

Commission’s rules; the deadline for 

filing is September 14, 2022. Parties 

may also file written testimony in 

connection with their presentation at 

the hearing, as provided in § 207.24 of 

the Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of § 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is September 

29, 2022. In addition, any person who 

has not entered an appearance as a party 

to the investigations may submit a 

written statement of information 

pertinent to the subject of the 

investigations, including statements of 

support or opposition to the petition, on 

or before September 29, 2022. On 

October 19, 2022, the Commission will 

make available to parties all information 

on which they have not had an 

opportunity to comment. Parties may 

submit final comments on this 

information on or before October 21, 

2022, but such final comments must not 

contain new factual information and 

must otherwise comply with § 207.30 of 

the Commission’s rules. All written 

submissions must conform with the 

provisions of § 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of §§ 201.6, 207.3, and 

207.7 of the Commission’s rules. The 

Commission’s Handbook on Filing 

Procedures, available on the 

Commission’s website at https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. 

Additional written submissions to the 

Commission, including requests 

pursuant to § 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with §§ 201.16(c) and 

207.3 of the Commission’s rules, each 

document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Authority: These investigations are 

being conducted under authority of title 

VII of the Tariff Act of 1930; this notice 

is published pursuant to § 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: June 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–12448 Filed 6–8–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1223] 

Certain Shingled Solar Modules, 

Components Thereof, and Methods for 

Manufacturing the Same; Notice of a 

Final Determination Granting a Joint 

Motion To Terminate the Investigation 

Based on Settlement; Termination of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to grant a 

joint motion to terminate the abovecaptioned investigation in its entirety 

based on settlement. The investigation 

is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: 

Megan M. Valentine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2301. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: On 

October 21, 2020, the Commission 

instituted this investigation based on a 

complaint filed by The Solaria 

Corporation (‘‘Solaria’’) of Fremont, 

California. 85 FR 67010–11 (Oct. 21, 

2020). The complaint, as supplemented, 

alleges violations of section 337 of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1337), based on the importation 

into the United States, the sale for 

importation, or the sale within the 

United States after importation of 

certain shingled solar modules, 

components thereof, and methods for 

manufacturing the same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 10,522,707 (‘‘the ’707 

patent’’), 10,763,388 (‘‘the ’388 patent’’), 

and 10,651,333 (‘‘the ’333 patent’’). Id. 

at 67011. The complaint further alleges 

that a domestic industry (‘‘DI’’) exists. 

Id. The notice of investigation named 

Canadian Solar Inc. of Guelph, Ontario, 

Canada and Canadian Solar (USA) Inc. 


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35248 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

of Walnut Creek, California 

(collectively, ‘‘Canadian Solar’’) as the 

respondents. Id. The Office of Unfair 

Import Investigations is not named as a 

party. Id. 

On July 15, 2021, the Commission 

terminated the investigation as to the 

’707 patent based on Solaria’s 

withdrawal of the allegations in the 

complaint as to that patent. Order No. 

9 (June 28, 2021), unreviewed by 

Comm’n Notice (July 15, 2021). On 

October 13, 2021, the Commission 

terminated the investigation as to 

certain claims of the ’333 patent and the 

’388 patent based on Solaria’s 

withdrawal of the allegations in the 

complaint as to those claims. Order No. 

13 (Sept. 14, 2021), unreviewed by 

Comm’n Notice (Oct. 13, 2021). 

On October 22, 2021, the presiding 

chief administrative law judge (‘‘CALJ’’) 

issued a final initial determination 

(‘‘FID’’) on violation, finding a violation 

of section 337 with respect to the ’388 

and ’333 patents. The FID also included 

the CALJ’s recommended determination 

on remedy and bonding. 

On November 5, 2021, Canadian Solar 

filed a petition for review of certain 

aspects of the FID on violation. On 

November 15, 2021, Solaria filed a 

response to Canadian Solar’s petition. 

On November 22, 2021, Canadian 

Solar filed a notice of supplemental 

authority to inform the Commission that 

a claim construction order issued in a 

related district court litigation involving 

the same parties and patents at issue in 

this investigation. 

On November 23, 2021, Canadian 

Solar filed a submission on the public 

interest pursuant to Commission Rule 

210.50(a)(4) (19 CFR 210.50(a)(4)). The 

Commission did not receive a public 

interest submission from Solaria. The 

Commission also did not receive any 

submissions on the public interest from 

members of the public in response to 

the Commission’s Federal Register 

notice. 86 FR 62845–46 (Nov. 12, 2021). 

On February 4, 2022, the Commission 

determined to review the FID in part 

and to remand the FID in part to the 

CALJ to address, in the first instance, 

Canadian Solar’s on-sale bar defenses as 

to the asserted claims of the ’333 patent. 

87 FR 7867–70 (Feb. 10, 2022). 

On February 18, 2022, Solaria and 

Canadian Solar each filed initial briefs 

on the issues under review, as well as 

the issues of remedy, the public interest, 

and bonding. On March 4, 2022, Solaria 

and Canadian Solar each filed reply 

briefs. 

On March 4, 2022, the CALJ issued a 

remand initial determination (‘‘RID’’) 

finding that Canadian Solar failed to 

show, by clear and convincing evidence, 

that the asserted claims of the ’333 

patent are anticipated under the on-sale 

bar of 35 U.S.C. 102. 

On March 16, 2022, Canadian Solar 

filed a petition for review of the RID. On 

March 23, 2022, Solaria filed a response 

to Canadian Solar’s petition. On April 

20, 2022, the Commission determined to 

extend the deadline for determining 

whether to review the RID until June 6, 

2022. 

On June 3, 2022, the parties filed a 

joint motion to terminate the 

investigation based on settlement. 

The Commission has determined to 

grant the joint motion to terminate the 

investigation. The Commission finds 

that, consistent with Commission Rule 

210.21(b)(1) (19 CFR 210.21(b)(1)), the 

Moving Parties attached a copy of the 

signed settlement and license agreement 

between the parties (the ‘‘Settlement 

Agreement’’) as Exhibit A, with a 

redacted version of the Settlement 

Agreement attached as Exhibit B. The 

Moving Parties submit that the 

Settlement Agreement resolves all of the 

issues in dispute in this Investigation. 

Mot. at 1–2. In further compliance with 

Commission Rule 210.21(b)(1), the 

Motion contains a statement that ‘‘there 

are no other agreements, written or oral, 

express or implied, between the Private 

Parties concerning the subject matter of 

this Investigation.’’ Mot. at 2. The 

Commission finds that termination of 

this investigation by settlement will not 

adversely affect the public interest. See 

19 CFR 210.50(b)(2). 

This investigation is hereby 

terminated. 

The Commission vote for this 

determination took place on June 6, 

2022. 

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 Part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: June 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–12451 Filed 6–8–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

On June 3, 2022, the Department of 

Justice lodged a proposed consent 

decree with the United States District 

Court for the District of Delaware in the 

lawsuit entitled United States and the 

State of Delaware v. Hercules LLC, et al., 

Civil Action No. 1:22–cv–00731–UNA. 

The United States and the State of 

Delaware filed this lawsuit under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA). The complaint names 22 

companies as defendants in connection 

with the alleged releases of hazardous 

substances at the Delaware Sand and 

Gravel Superfund Site (the ‘‘Site) in 

New Castle, Delaware. Under the 

consent decree, a group of defendants 

will perform the remedial action that 

EPA selected for the Site at an estimated 

cost of $46.1 million. The defendants 

will also pay all EPA future response 

costs after the first $800,000, which is 

the amount of a credit allowed 

defendants consistent with EPA’s 

Orphan Share Policy, which reflects the 

fact that some otherwise liable parties at 

the Site are now defunct. In return, the 

United States and Delaware agree not to 

sue the defendants under sections 106 

and 107 of CERCLA or under section 

7003 of the Resource Conservation and 

Recovery Act. 

The publication of this notice opens 

a period for public comment on the 

consent decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States and the State of Delaware 

v. Hercules LLC, et al., D.J. Ref. No. 90– 

11–2–298/1. All comments must be 

submitted no later than thirty (30) days 

after the publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

Under section 7003(d) of RCRA, a 

commenter may request an opportunity 

for a public meeting in the affected area. 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

consent decree without the exhibits 

upon written request and payment of 

reproduction costs. Please mail your 

request and payment to: Consent Decree 

Library, U.S. DOJ—ENRD, P.O. Box 

7611, Washington, DC 20044–7611. 


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