62420 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–739] 

In the Matter of: Certain Ground Fault 

Circuit Interrupters 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 

September 3, 2010, under section 337 of 

the Tariff Act of 1930, as amended, 19 

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

Manufacturing Co., Inc. of Melville, 

New York. An amended complaint was 

filed on September 28, 2010. The 

complaint, as amended, 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 ground fault circuit interrupters 

and products containing same by reason 

of infringement of certain claims of U.S. 

Patent No 7,463,124 (‘‘the ’124 patent’’); 

U.S. Patent No. 7,737,809 (‘‘the ’809 

patent’’); and U.S. Patent No. 7,764,151 

(‘‘the ’151 patent). 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. 

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: 

Mareesa A. Frederick, Esq., Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 205–2055. 

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 

(2010). 

SCOPE OF INVESTIGATION: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

October 1, 2010, 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 ground fault 

circuit interrupters and products 

containing same that infringe one or 

more of claims 1–7, 9–11, 13–17, 23–26, 

and 32–36 of the ’124 patent; claims 1– 

11, 13–28, 30–59, 61–64, and 74–83 of 

the ‘809; and claims 1–4 and 8 of the 

’151 patent, 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: 

Leviton Manufacturing Co., Inc., 201 

North Service Road, Melville, NY 

11747. 

(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: 

Fujian Hongan Electric Co., Ltd., 

Yantian Industrial Zone, Xiapu, 

Fujian, 355106, China. 

General Protecht Group, Inc., 222 WeiQi 

Road, Yueqing Economic 

Development Zone, Yueqing, Zhejiang 

325600, China. 

Shanghai ELE Manufacturing 

Corporation, SEC 2 Xingcheng 

Industrial Zone, Qingpu, Shanghai 

201703, China. 

Zhejiang Trimone Co. Ltd., West of 

Xinxing San Road, South of Duli 

Road, Economic Development Zone, 

Pinghu, Zhejiang 314200, China. 

Zhejiang Easting House Electric Co., 

Yaozhuang Industrial Zone, Jiashan, 

Zhejiang 314100, China. 

Menard, Inc., 4777 Menard Drive, Eau 

Claire, Wisconsin 54703. 

Garvin Industries, Inc., 3700 Sandra 

Street, Franklin Park, IL 60131. 

Central Purchasing, LLC, 3491 Mission 

Oaks Boulevard, Camarillo, CA 93011. 

Harbor Freight Tools USA, Inc., 3491 

Mission Oaks Boulevard, Camarillo, 

CA 93011. 

Warehouse-Lighting.com LLC, W144 

S6305 College Center, Muskego, WI 

53150. 

SecurElectric Corporation, 2071 

Congressional Drive, St. Louis, 

Missouri 63146. 

G-Techt Global Corporation, 560 

Wharton Circle, Suite B–1, Atlanta, 

GA 30336. 

Frontier Lighting, Inc., 2090 Palmetto 

Street, Clearwater, FL 33765. 

The Designers Edge, Inc., 11730 N.E. 

12th Street, Bellevue, WA 98005. 

Orbit Industries, Inc., 2100 S. Figueroa 

Street, Los Angeles, CA 90007. 

Ready Wholesale Electric and Lighting, 

Inc., d/b/a Ready Wholesale Electric 

Supply, 18315 Sherman Way, Reseda, 

CA 91335. 

Sutherland Lumber Company, of Kansas 

City, LLC, d/b/a Sutherlands, 4000 

Main Street, Kansas City, MO 64111. 

W.E. Aubuchon Co., Inc., d/b/a 

Aubuchon Hardware, 95 Aubuchon 

Drive, Westminster, MA 01473. 

Westside Wholesale Electric & Lighting, 

Inc., 7122 Beverly Boulevard #A, Los 

Angeles, CA 90036. 

Deerso, Inc., 910 S.E. 14th Place, Cape 

Coral, FL 33990. New Aspen Devices 

Corp., 59 Van Dam Street, Brooklyn, 

NY 11222. 

American Ace Supply Inc., 923 Toland 

Street, San Francisco, CA 94124. 

Safety Plus Products, Inc., 4123 

Terminal Drive, McFarland, WI 

53558. 

Ingram Products, Inc., 8725 

Youngerman Ct., Suite 206, 

Jacksonville, FL 32244. 

American Electric Depot Inc., 56–24 199 

St., 1FL, Fresh Meadows, NY 11365. 

Contractor Lighting & Supply, Inc., 250 

East Broad St., Suite 200, Columbus, 

OH 43215. 

Royal Pacific Ltd., 4931 Paseo Del Norte 

NE, Albuquerque, NM 87113. 

Littman Bros. Energy Supplies, Inc., 900 

Estes Court, Schaumburg, IL 60193. 

Norcross Electric Supply Company, 

4190 Capital View Drive, Suwanee, 

GA 30024. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Mareesa A. Frederick, 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, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 


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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices 62421 

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)–(e) 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. 

By order of the Commission. 

Issued: October 5, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–25409 Filed 10–7–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that on September 30, 

2010, a proposed Consent Decree in 

United States of America v. Dakota 

Ethanol, LLC, Civil Action No. 4:10– 

CV–04144–LLP, was lodged with the 

United States District Court for the 

District of South Dakota. 

The Consent Decree would resolve 

claims asserted by the United States 

against Dakota Ethanol, LLC pursuant to 

Sections 111 and 502(a) of the Clean Air 

Act (the ‘‘Act’’), 42 U.S.C. 7411 and 

7661a, seeking injunctive relief and the 

assessment of civil penalties for 

Defendant’s alleged violations of the 

Act. Dakota Ethanol, LLC owns and 

operates an ethanol production facility 

in Lake County, South Dakota, near 

Wentworth (the ‘‘Facility’’). The 

complaint alleges that Defendant 

violated the Facility’s Title V operating 

permit by exceeding certain VOC 

emissions limits, conducting invalid 

testing to demonstrate compliance with 

its VOC emissions limits, and failing to 

timely conduct required VOC stack 

testing. The complaint also alleges that 

Defendant violated both its Title V 

operating permit and regulations 

promulgated pursuant to the New 

Source Performance Standards program 

by failing to maintain the internal 

floating roof on the liquid inside several 

storage vessels at the Facility. 

The proposed Consent Decree would 

require Dakota Ethanol, LLC to conduct 

all VOC Performance Tests in 

accordance with 40 CFR part 51, 

Appendix M; Method 207 and 40 CFR 

part 60, Appendix A; Method 18 and to 

report the results of each performance 

test to EPA within ninety (90) days. In 

addition, the proposed Consent Decree 

would require Defendant to apply to 

include the testing requirements in 

either a federally enforceable permit or 

request a site-specific amendment to the 

South Dakota SIP to include the 

requirements enumerated in the 

Consent Decree within one hundred 

eighty (180) days. Finally, the proposed 

Consent Decree would require Dakota 

Ethanol, LLC to pay a $75,000 civil 

penalty. 

The Department of Justice will receive 

comments relating to the Consent 

Decree for a period of thirty (30) days 

from the date of this publication. 

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, and should refer to United 

States of America v. Dakota Ethanol, 

LLC, D.J. Ref. 90–5–2–1–08636. 

The Consent Decree may be examined 

at U.S. EPA Region 8, 1595 Wynkoop 

Street, Denver, CO 80202. 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 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 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–25364 Filed 10–7–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that on September 30, 

2010, a proposed Consent Decree in 

United States of America v. James 

Valley Ethanol, LLC, Northern Lights 

Ethanol, LLC, and Poet Plant 

Management, Civil Action No. 4:10– 

CV–04143–KES, was lodged with the 

United States District Court for the 

District of South Dakota. 

The Consent Decree would resolve 

claims asserted by the United States 

against James Valley Ethanol, LLC 

(‘‘James Valley’’), Northern Lights 

Ethanol, LLC (‘‘Northern Lights’’), and 

POET Plant Management (‘‘POET’’) 

pursuant to Sections 111 and 502(a) of 

the Clean Air Act (the ‘‘Act’’), 42 U.S.C. 

7411 and 7661a, seeking injunctive 

relief and civil penalties for Defendants’ 

alleged violations of the Act. 

Defendant James Valley owns an 

ethanol production facility in Brown 

County, South Dakota, near Groton (the 

‘‘Groton Facility’’) and Defendant 

Northern Lights owns an ethanol 

production facility in Grant County, 

South Dakota, near Big Stone City (the 

‘‘Big Stone Facility’’). Defendant POET 

operates both the Groton and Big Stone 

Facilities. The complaint filed by the 

United States alleges that Defendants 

James Valley and POET violated the 

Title V operating permit for the Groton 

Facility and regulations promulgated 

pursuant to the New Source 

Performance Standards program by 

failing to maintain the internal floating 

roof on the liquid inside several storage 

vessels at the Groton Facility. The 

complaint also alleges that Defendant 

Northern lights and POET violated the 

Title V operating permit for the Big 

Stone Facility by exceeding certain VOC 

emissions limits, conducting invalid 

testing to demonstrate compliance with 

its VOC emissions limits, and failing to 

install required monitoring devices. 

Finally, the complaint alleges that these 

Defendants violated both the Big Stone 

Facility’s Title V operating permit and 

regulations promulgated pursuant to the 


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