49706 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

(2) on the issue of Deere’s alleged 

financing of certain EVSPFHs; (3) with 

respect to the ALJ’s application of the 

‘‘all or substantially all’’ standard, 

including a statement of the type and 

number of sales relied on and the basis 

for reliance on those sales, especially 

the basis for including used sales of 

North American-version harvesters in 

the assessment of whether that standard 

has been met by Deere; and (4) on 

whether all or substantially all of 

Deere’s sales of SPFHs were of North 

American versions of these machines. 

On March 13, 2008, the Commission 

asked the parties to discuss (1) The total 

quantity of new and used EVSPFHs sold 

by John Deere’s official European 

dealers to the United States from 1997 

through 2002, including (a) all European 

dealer sales for importation to the 

United States for which there is 

documentary evidence in the existing 

record and (b) an estimate of the total 

quantum of additional European dealer 

sales for importation to the United 

States for which there may not be 

documentary evidence on this record; 

(2) an exclusively legal discussion of the 

relevance of the agency doctrines of 

actual and apparent authority in the 

context of gray market sales in the 

United States; and (3) whether, if the 

Commission were to take into account 

only sales of gray market EVSPFHs by 

U.S. dealers (i.e. sales within the United 

States after importation), and not sales 

for importation of gray market goods by 

John Deere’s European dealers, it would 

in effect improperly limit the scope of 

the unlawful activities that it is required 

to consider under the statute, which 

includes within the Commission’s 

jurisdiction ‘‘the sale for importation’’

as well as ‘‘the sale within the United 

States after importation’’ of articles that 

infringe a valid United States trademark. 

19 U.S.C. Section 1337(a)(1)(C). 

Written submissions were received by 

the parties on April 15 and April 24, 

2008. On April 30, the parties each filed 

reply submissions. 

Having considered the record and 

briefing in this investigation, the 

Commission has determined to reverse 

the ALJ’s finding of violation. A 

Commission Opinion in support of its 

determinations will follow shortly. 

The authority for this notice is 

contained in section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, and in section 210.45(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.45(c)). 

By order of the Commission. 

Issued: August 12, 2008. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–19571 Filed 8–21–08; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decrees Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

Notice is hereby given that two 

Consent Decrees in United States of 

America v. M.A. Hanna Plastics, Inc., et 

al., Civil Action No. 06–409 GMS, have 

been lodged with the United States 

District Court for the District of 

Delaware. The United States lodged a 

consent decree with defendant 

Wilmington Economic Development 

Corporation \ (‘‘WEDCO’’) on August 8, 

2008, and lodged a consent decree with 

defendant M.A. Hanna Plastics Group 

\‘‘Hanna’’) on August 14, 2008. 

The two consent decrees will resolve 

the liability of the two remaining 

defendants in this cost recovery action 

under Section 107 of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act \ (‘‘CERCLA’’), 42 U.S.C. 9607 in 

connection with the 12th Street Dump 

Site in Wilmington, Delaware \(‘‘Site’’). 

On June 28, 2006, the United States 

filed a Complaint against four 

defendants who currently or previously 

owned or operated property at the Site. 

The United States previously settled 

with two of the named defendants. 

The two consent decrees now being 

proposed will resolve the United States’

filed claims against the two remaining 

defendants, Hanna and WEDCO, as set 

forth in the consent decrees. Hanna will 

reimburse the United States 

$3,597,877.20 and will receive a 

covenant not to sue for past costs. 

WEDCO will reimburse the United 

States $120,000 in past costs and will 

agree to sell its parcel and provide the 

United States with the higher of either 

50% of the net proceeds or $40,000.00. 

WEDCO will also receive a covenant not 

to sue for past costs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to these proposed Consent 

Decrees. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, Attention: Nancy 

Flickinger (EES), and should refer to 

United States of America v. M.A. Hanna 

Plastics, Inc., et al. , Civil Action No. 

06–409 GMS, DOJ # 90–11–3–08301. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the District of 

Delaware, Nemours Building, P.O. Box 

2046, Wilmington, DE 19801. During the 

public comment period, the consent 

decree may also be examined on the 

following Department of Justice Web 

site, http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

proposed Consent Decree may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, 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 enclose a check in the amount of 

$ $7.00 for the consent decree with 

WEDCO, and/or $5.25 for the consent 

decree with M.A. Hanna (25 cents per 

page reproduction cost for a full copy) 

payable to the U.S. Treasury. 

Maureen M. Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E8–19447 Filed 8–21–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response 

Compensation and Liability Act 

Pursuant to 28 CFR 50.7 notice is 

hereby given that on August 14, 2008, 

a proposed Consent Decree in the case 

United States v. William J. Roper, Sr., et 

al., Civil Action No. 3:00cv472–GCM, 

was lodged with the United States 

District Court for the Western District of 

North Carolina. 

In this action, under Section 107(a)(1) 

and (2) of CERCLA, 42 U.S.C. 9607(a)(1) 

and (2), the United States sought 

recovery of response costs to remedy 

conditions in connection with the 

release or threatened release of 

hazardous substances into the 

environment at the North Belmont PCE 

Site (‘‘the Site’’), located in Belmont, 

Gaston County, North Carolina. A 

portion of the Site is comprised of the 

Roper Shopping Center upon which the 

United States had placed a Superfund 

Lien. The Complaint also included an in 

rem action under Section 107(l) of 


jlentini on PROD1PC65 with NOTICES