Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Notices 63201 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the review must be 

served on all other parties to the review 

(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. 

Determination.—The Commission has 

determined to exercise its authority to 

extend the review period by up to 90 

days pursuant to 19 U.S.C. 

1675(c)(5)(B). 

Authority: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.62 of the Commission’s rules. 

By order of the Commission. 

Issued: October 8, 2010. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. 2010–25818 Filed 10–13–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–10–028] 

Sunshine Act Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 15, 2010 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–469 and 731– 

TA–1168 (Final) (Certain Seamless 

Carbon and Alloy Steel Standard, Line, 

and Pressure Pipe from China)—briefing 

and vote. (The Commission is currently 

scheduled to transmit its determinations 

and Commissioners’ opinions to the 

Secretary of Commerce on or before 

October 27, 2010.) 

5. Inv. Nos. 701–TA–249 and 731– 

TA–262, 263, and 265 (Third Review) 

(Iron Construction Castings from Brazil, 

Canada, and China)—briefing and vote. 

(The Commission is currently scheduled 

to transmit its determinations and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

October 27, 2010.) 

6. Outstanding action jackets: 

(1) Document No. GC–10–161 

concerning Inv. No. 337–TA–413 

(Certain Rare-Earth Magnets and 

Magnetic Materials and Articles 

Containing Same). 

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: October 8, 2010. 

By order of the Commission. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. 2010–25936 Filed 10–12–10; 11:15 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–691] 

In the Matter of Certain Inkjet Ink 

Supplies and Components Thereof; 

Notice of Commission Decision Not To 

Review an Initial Determination 

Terminating the Investigation as to 

Claims 7 and 10 of U.S. Patent No. 

6,089,687 and Claims 2 and 3 of U.S. 

Patent No. 6,264,301 and Finding a 

Violation of Section 337; Schedule for 

Submissions on Remedy, Public 

Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 18) issued by the presiding 

administrative law judge (‘‘ALJ’’) 

terminating the investigation as to 

claims 7 and 10 of U.S. Patent No. 

6,089,687 and claims 2 and 3 of U.S. 

Patent No. 6,264,301 and finding a 

violation of section 337 of the Tariff Act 

of 1930, as amended, 19 U.S.C. 1337, in 

this investigation. 

FOR FURTHER INFORMATION CONTACT: 

Panyin A. Hughes, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3042. 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: This 

investigation was instituted on October 

29, 2009, based upon a complaint filed 

by Hewlett-Packard Company of Palo 

Alto, California (‘‘HP’’) on September 23, 

2009, and supplemented on October 7, 

2009. 74 FR 55856 (Oct. 29, 2009). The 

complaint alleged violations of section 

337 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 certain inkjet ink 

supplies and components thereof that 

infringe certain claims of U.S. Patent 

Nos. 6,959,985 (‘‘the ’985 patent’’); 

7,104,630 (‘‘the ’630 patent’’); 6,089,687 

(‘‘the ’687 patent’’); and 6,264,301 (‘‘the 

’301 patent’’). The complaint named as 

respondents Zhuhai Gree MagnetoElectric Co. Ltd. of Guangdong, China 

(‘‘Zhuhai’’); InkPlusToner.com of Canoga 

Park, California (‘‘InkPlusToner’’); Mipo 

International Ltd. of Kowloon, Hong 

Kong (‘‘Mipo International’’); Mextec 

Group, Inc. 

d/b/a Mipo America Ltd. of Miami, 

Florida (‘‘Mextec’’); Shanghai Angel 

Printer Supplies Co. Ltd. of Shanghai, 

China (‘‘Shanghai Angel’’); SmartOne 

Services LLC d/b/a InkForSale.net of 

Hayward, California (‘‘SmartOne’’); 

Shenzhen Print Media Co., Ltd. of 

Shenzhen, China (‘‘Shenzhen Print 

Media’’); Comptree Ink d/b/a Meritline, 

ABCInk, EZ Label, and CDR DVDR 

Media of City of Industry, California 

(‘‘Comptree’’); Zhuhai National 

Resources & Jingjie Imaging Products 

Co., Ltd. of Guangdong, China (‘‘Zhuhai 

National’’); Tatrix International of 

Guangdong, China (‘‘Tatrix’’); and 

Ourway Image Co., of Guangdong China 

(‘‘Ourway’’). 

On February 17, 2010, the 

Commission determined not to review 

an ID (Order No. 9) finding seven 

respondents, Mipo International, 

Mextec, Shanghai Angel, Shenzhen 

Print Media, Zhuhai National, Tatrix, 

and Ourway in default pursuant to 

Commission Rule 210.16. On March 19, 

2010, the Commission determined not 

to review an ID (Order No. 11) 

terminating the investigation as to 

respondent Comptree based upon a 

settlement agreement. Also on March 

19, 2010, the Commission determined 

not to review an ID (Order No. 12) 

terminating the investigation as to 

respondent Zhuhai based upon a 

consent order. On March 31, 2010, the 


jlentini on DSKJ8SOYB1PROD with NOTICES
63202 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Notices 

Commission determined not to review 

an ID (Order No. 13) terminating the 

investigation as to respondent 

InkPlusToner based upon a settlement 

agreement. On June 7, 2010, the 

Commission determined not to review 

an ID (Order No. 14) terminating the 

investigation as to respondent SmartOne 

based upon a settlement agreement. 

On June 3, 2010, the Commission 

determined not to review an ID (Order 

No. 17) terminating the investigation as 

to the ’985 patent and the ’630 patent. 

On June 17, 2010, HP filed an 

unopposed motion pursuant to 

Commission Rule 210.21(a) to withdraw 

all allegations related to claims 7 and 10 

of the ’687 patent and claims 2 and 3 of 

the ’301 patent from the complaint, and 

to terminate the investigation with 

respect to those claims. 

On May 7, 2010, HP moved for 

summary determination on the issues of 

domestic industry, importation, and 

violation of section 337. Pursuant to 

Commission Rule 210.16(c)(2), 19 CFR 

216(c)(2), HP also stated that it was 

seeking a general exclusion order and a 

cease and desist order against Mextec. 

On June 2, 2010, the Commission 

investigative attorney submitted a 

response in support of a finding that a 

domestic industry exists and that the 

defaulting respondents, Mipo 

International, Mextec, Shanghai Angel, 

Shenzhen Print Media, Zhuhai National, 

Tatrix, and Ourway have violated 

section 337 by infringing claims 6 and 

9 of the ’687 patent and claims 1, 5, and 

6 of the ’301 patent. 

On August 30, 2010, the presiding 

administrative law judge issued the 

subject ID, Order No. 18, granting: (1) 

HP’s motion to terminate the 

investigation as to claims 7 and 10 of 

the ’687 patent and claims 2 and 3 of the 

’301 patent, and (2) HP’s motion for 

summary determination of violation of 

section 337 with respect to the 

defaulting respondents. He also 

recommended a general exclusion order, 

a cease and desist order directed to 

domestic respondent Mextec, and a 100 

percent bond to permit importation 

during the period of Presidential review. 

No petitions for review were filed. 

The Commission has determined not to 

review the subject ID. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) Issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent(s) being 

required to cease and desist from 

engaging in unfair acts in the 

importation and sale of such articles. 

Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or are likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) The public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission. The 

Commission is therefore interested in 

receiving submissions concerning the 

amount of the bond that should be 

imposed if a remedy is ordered. 

Written Submissions: The parties to 

the investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. Complainants 

and the IA are also requested to submit 

proposed remedial orders for the 

Commission’s consideration. 

Complainants are also requested to state 

the dates that the patents expire and the 

HTSUS numbers under which the 

accused products are imported. The 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on Thursday, 

October 28, 2010. Reply submissions 

must be filed no later than the close of 

business on Thursday, November 4, 

2010. No further submissions on these 

issues will be permitted unless 

otherwise ordered by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 

sections 210.42–46 and 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.42–46 and 

210.50). 

By order of the Commission. 

Issued: October 7, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–25812 Filed 10–13–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Notice is hereby given that on 

September 23, 2010, an electronic 

version of a proposed Consent Decree 

was lodged in the United States District 

Court for District of Arizona in United 

States v. CalPortland Company, No. 

4:10–CV–00573–DCB. The Consent 

Decree settles the United States’ claims 

for civil penalties and injunctive relief 

against CalPortland Company (‘‘CPC’’) 

based on violations of the Clean Air Act 

(the ‘‘Act’’), 42 U.S.C. 7401 et seq., and 

the Air Implementation Plan for the 

State of Arizona approved by EPA 

pursuant to the Act, in connection with 

modifications to CPC’s cement 

manufacturing plant in Rillito, Arizona 

(the ‘‘Facility’’). 

Under the terms of the proposed 

Consent Decree, CPC will pay a civil 

penalty of $350,000 and will perform 

injunctive relief. The proposed decree 

sets forth two compliance options for 


jlentini on DSKJ8SOYB1PROD with NOTICES