80 FR 33555 - Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone; Commission's Determination Not To Review in Part a Final Initial Determination Finding No Violation of Section 337, and, on Review, To Set Aside Findings on One Issue and Correct a Typographical Error; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range		33555-33556
FR Document		2015-14380

Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ''). On review, the Commission determined to vacate the ALJ's findings on one issue and to correct a typographical error. The Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation. The investigation is terminated.

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33555-33556]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-14380]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-914]

Certain Sulfentrazone, Sulfentrazone Compositions, and Processes
for Making Sulfentrazone; Commission's Determination Not To Review in
Part a Final Initial Determination Finding No Violation of Section 337,
and, on Review, To Set Aside Findings on One Issue and Correct a
Typographical Error; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ''). On review, the Commission determined to vacate the ALJ's
findings on one issue and to correct a typographical error. The
Commission has found no violation of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in this investigation. The
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 April 14, 2014, based on a complaint filed by FMC Corporation
(``FMC'') on March 5, 2014. 79 FR 20907-08. The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain sulfentrazone active ingredient and
formulated sulfentrazone compositions made by a process that infringes
certain claims of U.S. Patent No. 7,169,952 (``the '952 patent''). The
Commission's notice of investigation named as respondents Beijing
Nutrichem Science and Technology Stock Co., Ltd., of Beijing, China
(``Beijing Nutrichem''); Summit Agro USA, LLC, of Cary, North Carolina;
Summit Agro North America, Holding Corporation of New York, New York;
and Jiangxi Heyi Chemicals Co. Ltd. of Jiujiang City, China. Id. at
20908. The ALJ later granted FMC's motion to amend the complaint and
notice of investigation to replace Beijing Nutrichem with Nutrichem
Co., Ltd. (``Nutrichem''). Order No. 9 (May 29, 2014), not reviewed
June 23, 2014. The Office of Unfair Import Investigations is also a
party to the investigation.

[[Page 33556]]

On April 10, 2015, the ALJ issued her final ID finding no violation
of section 337. She found that, under her claim constructions, there
was insufficient evidence to conclude that the respondents infringed
the asserted claims or that FMC satisfied either the technical prong or
the economic prong of the domestic industry requirement. She further
found that the respondents showed by clear and convincing evidence that
the asserted claims of the '952 patent are invalid under 35 U.S.C.
102(g).
On April 22, 2015, FMC filed a timely petition for review
challenging nearly all of the ID's findings. On April 30, 2015, the
respondents and the Commission investigative attorney timely opposed
FMC's petition.
Having examined the record of this investigation, including the
ALJ's final ID, the petition for review, and the responses thereto, the
Commission has determined to review the final ID in part. The
Commission has determined to review and set aside the ALJ's findings on
the economic prong of the domestic industry requirement See 19 CFR
210.45(c).
The Commission has also determined to review the the ALJ's
construction of ``a temperature in the range of about 120 [deg]C to
about 160 [deg]C'' because it contains a typographical error. The ALJ
cites the Commission's affirmance of her construction of the claim
phrase during the temporary phrase of this investigation, but adds the
word ``about'' to her quotation of the Commission's construction and to
her final construction. Because the ID indicates the intent to be
consistent with the Commission's construction, the Commission finds
that the inclusion of the word ``about'' in the construction is a
typographical error. On review, the Commission finds that ``a
temperature in the range of about 120 [deg]C to about 160 [deg]C''
means ``a temperature in the range of 120 [deg]C (+/-2.5 [deg]C) to 160
[deg]C (+/-2.5 [deg]C).'' This minor change does not impact any of the
ALJ's findings on infringement, invalidity, or the technical prong of
the domestic industry requirement.
The Commission has determined not to review the remaining findings
in the ID.
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 8, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-14380 Filed 6-11-15; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices 33555

Secretary for those parties authorized to rules. All written submissions must review, the Commission determined to
receive BPI under the APO. conform with the provisions of section vacate the ALJ’s findings on one issue
Staff report.—The prehearing staff 201.8 of the Commission’s rules; any and to correct a typographical error. The
report in the final phase of these submissions that contain BPI must also Commission has found no violation of
investigations will be placed in the conform with the requirements of section 337 of the Tariff Act of 1930, as
nonpublic record on September 22, sections 201.6, 207.3, and 207.7 of the amended, 19 U.S.C. 1337, in this
2015, and a public version will be Commission’s rules. The Commission’s investigation. The investigation is
issued thereafter, pursuant to section Handbook on E-Filing, available on the terminated.
207.22 of the Commission’s rules. Commission’s Web site at http://
Hearing.—The Commission will hold edis.usitc.gov, elaborates upon the FOR FURTHER INFORMATION CONTACT:
a hearing in connection with the final Commission’s rules with respect to Robert Needham, Office of the General
phase of these investigations beginning electronic filing. Counsel, U.S. International Trade
at 9:30 a.m. on October 6, 2015, at the Additional written submissions to the Commission, 500 E Street SW.,
U.S. International Trade Commission Commission, including requests Washington, DC 20436, telephone (202)
Building. Requests to appear at the pursuant to section 201.12 of the 708–5468. Copies of non-confidential
hearing should be filed in writing with Commission’s rules, shall not be documents filed in connection with this
the Secretary to the Commission on or accepted unless good cause is shown for investigation are or will be available for
before October 1, 2015. A nonparty who accepting such submissions, or unless inspection during official business
has testimony that may aid the the submission is pursuant to a specific hours (8:45 a.m. to 5:15 p.m.) in the
Commission’s deliberations may request request by a Commissioner or Office of the Secretary, U.S.
permission to present a short statement Commission staff. International Trade Commission, 500 E
at the hearing. All parties and In accordance with sections 201.16(c) Street SW., Washington, DC 20436,
nonparties desiring to appear at the and 207.3 of the Commission’s rules, telephone (202) 205–2000. General
hearing and make oral presentations each document filed by a party to the information concerning the Commission
should participate in a prehearing investigations must be served on all may also be obtained by accessing its
conference to be held on October 5, other parties to the investigations (as Internet server (http://www.usitc.gov).
2015, at the U.S. International Trade identified by either the public or BPI The public record for this investigation
Commission Building, if deemed service list), and a certificate of service may be viewed on the Commission’s
necessary. Oral testimony and written must be timely filed. The Secretary will electronic docket (EDIS) at http://
materials to be submitted at the public not accept a document for filing without edis.usitc.gov. Hearing-impaired
hearing are governed by sections a certificate of service. persons are advised that information on
201.6(b)(2), 201.13(f), and 207.24 of the Authority: These investigations are this matter can be obtained by
Commission’s rules. Parties must submit being conducted under authority of title contacting the Commission’s TDD
any request to present a portion of their VII of the Tariff Act of 1930; this notice terminal on (202) 205–1810.
hearing testimony in camera no later is published pursuant to section 207.21
than 7 business days prior to the date of SUPPLEMENTARY INFORMATION: The
of the Commission’s rules. Commission instituted this investigation
the hearing.
Written submissions.—Each party By order of the Commission. on April 14, 2014, based on a complaint
who is an interested party shall submit Issued: June 8, 2015. filed by FMC Corporation (‘‘FMC’’) on
a prehearing brief to the Commission. Lisa R. Barton, March 5, 2014. 79 FR 20907–08. The
Prehearing briefs must conform with the Secretary to the Commission. complaint alleges violations of section
provisions of section 207.23 of the [FR Doc. 2015–14319 Filed 6–11–15; 8:45 am]
337 of the Tariff Act of 1930, as
Commission’s rules; the deadline for amended, 19 U.S.C. 1337 (‘‘section
BILLING CODE 7020–02–P
filing is September 29, 2015. Parties 337’’), in the importation into the
may also file written testimony in United States, the sale for importation,
connection with their presentation at INTERNATIONAL TRADE and the sale within the United States
the hearing, as provided in section COMMISSION after importation of certain
207.24 of the Commission’s rules, and sulfentrazone active ingredient and
posthearing briefs, which must conform [Investigation No. 337–TA–914] formulated sulfentrazone compositions
with the provisions of section 207.25 of made by a process that infringes certain
Certain Sulfentrazone, Sulfentrazone claims of U.S. Patent No. 7,169,952
the Commission’s rules. The deadline
Compositions, and Processes for (‘‘the ’952 patent’’). The Commission’s
for filing posthearing briefs is October
Making Sulfentrazone; Commission’s notice of investigation named as
13, 2015. In addition, any person who
Determination Not To Review in Part a respondents Beijing Nutrichem Science
has not entered an appearance as a party
Final Initial Determination Finding No and Technology Stock Co., Ltd., of
to the investigations may submit a
Violation of Section 337, and, on Beijing, China (‘‘Beijing Nutrichem’’);
written statement of information
Review, To Set Aside Findings on One Summit Agro USA, LLC, of Cary, North
pertinent to the subject of the
Issue and Correct a Typographical Carolina; Summit Agro North America,
investigations, including statements of
Error; Termination of the Investigation Holding Corporation of New York, New
support or opposition to the petition, on
or before October 13, 2015. On October AGENCY: U.S. International Trade York; and Jiangxi Heyi Chemicals Co.
30, 2015, the Commission will make Commission. Ltd. of Jiujiang City, China. Id. at 20908.
mstockstill on DSK4VPTVN1PROD with NOTICES

available to parties all information on ACTION: Notice. The ALJ later granted FMC’s motion to
which they have not had an opportunity amend the complaint and notice of
to comment. Parties may submit final SUMMARY: Notice is hereby given that investigation to replace Beijing
comments on this information on or the U.S. International Trade Nutrichem with Nutrichem Co., Ltd.
before November 3, 2015, but such final Commission has determined to review (‘‘Nutrichem’’). Order No. 9 (May 29,
comments must not contain new factual in part a final initial determination 2014), not reviewed June 23, 2014. The
information and must otherwise comply (‘‘ID’’) issued by the presiding Office of Unfair Import Investigations is
with section 207.30 of the Commission’s administrative law judge (‘‘ALJ’’). On also a party to the investigation.

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33556 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices

On April 10, 2015, the ALJ issued her Issued: June 8, 2015. resource trustees. Up to $561,875 of the
final ID finding no violation of section Lisa R. Barton, funds in the Restoration Account, plus
337. She found that, under her claim Secretary to the Commission. interest, will be available for and
constructions, there was insufficient [FR Doc. 2015–14380 Filed 6–11–15; 8:45 am] applied as needed to fund Future Costs
evidence to conclude that the BILLING CODE 7020–02–P of federal and tribal natural resource
respondents infringed the asserted trustees, including costs of restoration
claims or that FMC satisfied either the planning activities and costs of
technical prong or the economic prong DEPARTMENT OF JUSTICE overseeing implementation of any
of the domestic industry requirement. natural resource restoration projects
She further found that the respondents Notice of Lodging of Proposed required under the Consent Decree. The
showed by clear and convincing Consent Decree Under the Oil proposed Consent Decree will resolve
evidence that the asserted claims of the Pollution Act natural resource damages claims
’952 patent are invalid under 35 U.S.C. asserted against Enbridge in the
102(g). On June 8, 2015, the Department of complaint, but it does not resolve other
Justice lodged a proposed Consent claims against Enbridge arising from the
On April 22, 2015, FMC filed a timely Decree with the United States District
petition for review challenging nearly July 2010 oil discharges from the Line
Court for the Western District of 6B pipeline, including claims for
all of the ID’s findings. On April 30, Michigan in the lawsuit entitled United
2015, the respondents and the injunctive relief and civil penalties
States, et al. v. Enbridge Energy Limited
Commission investigative attorney under the Clean Water Act. The
Partnership, et al., Civil Action No.
timely opposed FMC’s petition. proposed Consent Decree reserves such
1:15–CV–590.
Having examined the record of this The United States, the State of claims for separate resolution.
investigation, including the ALJ’s final Michigan, the Nottawaseppi Huron The publication of this notice opens
ID, the petition for review, and the Band of the Potawatomi Indians and the a period for public comment on the
responses thereto, the Commission has Match-E-Be-Nash-E-Wish Band of the proposed Consent Decree. Comments
determined to review the final ID in Pottowatomi filed this action seeking should be addressed to the Assistant
part. The Commission has determined damages under the Oil Pollution Act for Attorney General, Environment and
to review and set aside the ALJ’s injuries to natural resources that Natural Resources Division and should
findings on the economic prong of the occurred as a result of discharges of oil refer to United States et al., v. Enbridge
domestic industry requirement See 19 into Talmadge Creek, the Kalamazoo Energy Limited Partnership, et al., D.J.
CFR 210.45(c). River and adjoining shorelines Ref. No. 90–5–1–1–10099/1. All
The Commission has also determined following a July 2010 rupture of the comments must be submitted no later
to review the the ALJ’s construction of Line 6B oil pipeline owned and than thirty (30) days after the
‘‘a temperature in the range of about 120 operated by various Enbridge entities. publication date of this notice.
°C to about 160 °C’’ because it contains The State of Michigan also asserts Comments may be submitted either by
a typographical error. The ALJ cites the claims for natural resource damages email or by mail:
Commission’s affirmance of her under State law.
Under the proposed Consent Decree, To submit
construction of the claim phrase during comments: Send them to:
the temporary phrase of this seven affiliated Enbridge entities
investigation, but adds the word (‘‘Enbridge’’) will pay $1,484,952, plus
By email ....... pubcomment-ees.enrd@
‘‘about’’ to her quotation of the interest, to reimburse past natural usdoj.gov.
Commission’s construction and to her resource damage assessment costs By mail ......... Assistant Attorney General,
final construction. Because the ID incurred by federal natural resource U.S. DOJ—ENRD, P.O.
indicates the intent to be consistent trustees and an additional $150,000, Box 7611, Washington, DC
with the Commission’s construction, the plus interest, to reimburse natural 20044–7611.
Commission finds that the inclusion of resource damage assessment costs
the word ‘‘about’’ in the construction is incurred by the two Tribes. The Consent During the public comment period,
a typographical error. On review, the Decree also requires Enbridge to the proposed Consent Decree may be
Commission finds that ‘‘a temperature complete a number of natural resource examined and downloaded at this
in the range of about 120 °C to about 160 damage restoration projects in Justice Department Web site: http://
°C’’ means ‘‘a temperature in the range accordance with workplans and www.justice.gov/enrd/consent-decrees.
of 120 °C (+/¥2.5 °C) to 160 °C (+/¥2.5 schedules established or approved We will provide a paper copy of the
°C).’’ This minor change does not under a separate State Consent proposed Consent Decree upon written
impact any of the ALJ’s findings on Judgment in Michigan Dep’t of Envtl. request and payment of reproduction
infringement, invalidity, or the Quality v. Enbridge Energy Partners, costs. Please mail your request and
technical prong of the domestic industry L.P., et al., No. 15–1411–CE (Calhoun payment to: Consent Decree Library,
requirement. County Cir. Ct. May 13, 2015). In U.S. DOJ—ENRD, P.O. Box 7611,
addition, Enbridge will pay $2,265,048, Washington, DC 20044–7611.
The Commission has determined not
plus interest, to a Restoration Account Please enclose a check or money order
to review the remaining findings in the
within the Department of the Interior’s for $10.75 (25 cents per page
ID.
Natural Resource Damage Assessment reproduction cost) payable to the United
The authority for the Commission’s
mstockstill on DSK4VPTVN1PROD with NOTICES

and Restoration Fund, for joint use of States Treasury.
determination is contained in section federal, state, and tribal natural resource
337 of the Tariff Act of 1930, as trustees. Of the Funds in the Restoration Randall M. Stone,
amended (19 U.S.C. 1337), and in Part Account, at least $1,703,174, plus Acting Assistant Section Chief,
210 of the Commission’s Rules of interest, will be used to fund additional Environmental Enforcement Section,
Practice and Procedure (19 CFR part natural resource restoration projects Environment and Natural Resources Division.
210). consistent with a Restoration Plan that [FR Doc. 2015–14384 Filed 6–11–15; 8:45 am]
By order of the Commission. is subject to approval by the natural BILLING CODE 4410–15–P

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Document Created: 2018-02-22 10:16:38
Document Modified: 2018-02-22 10:16:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. 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.
FR Citation		80 FR 33555