82_FR_8224 82 FR 8210 - Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation

82 FR 8210 - Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 14 (January 24, 2017)

Page Range8210-8211
FR Document2017-01481

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 8) terminating the investigation based on settlement.

Federal Register, Volume 82 Issue 14 (Tuesday, January 24, 2017) 
[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8210-8211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01481]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1027]


Certain Food Supplements and Vitamins, Including Ocular 
Antioxidants and Components Thereof and Products Containing the Same; 
Commission Determination Not To Review an Initial Determination 
Terminating the Investigation Based on Settlement; 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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8) 
terminating the investigation based on settlement.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202)

[[Page 8211]]

205-2737. 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 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. 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 November 8, 2016, based on a complaint filed by Kemin Industries, 
Inc. and Kemin Foods, L.C. both of Des Moines, Iowa (collectively, 
``complainants''). 81 FR 78634-35 (Nov. 8, 2016). The complaint alleges 
violations of Section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent 
Nos. 8,815,955 and 9,226,940. The complaint further alleges the 
existence of a domestic industry. The notice of investigation named as 
respondents OmniActive Health Technologies of Mumbai, India and 
OmniActive Health Technologies, Inc. of Morristown, New Jersey 
(collectively, ``respondents''). Id. at 78635. The Office of Unfair 
Import Investigations was not named as a party.
    On December 13, 2016, complainants and respondents filed a joint 
motion to terminate the investigation based on settlement. The parties 
represent that the settlement agreement reflects the entire and only 
agreement between the parties regarding the subject matter of the 
investigation and that there are no other agreement, written or oral, 
express or implied between the parties concerning the subject matter of 
the investigation.
    On December 28, 2016, the ALJ granted the joint motion to terminate 
the investigation based on settlement. The ALJ found that the parties' 
submissions, including a modified public version of the settlement 
agreement submitted on December 22, 2016, satisfy the Commission's 
rules. The ALJ found that the termination of this investigation based 
on settlement does not pose any public interest concerns. The ALJ also 
found that it is in the interest of the public and administrative 
economy to grant the motion.
    No petitions for review of the subject ID were filed, and the 
Commission has determined not to review the ID. The investigation is 
terminated.
    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: January 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01481 Filed 1-23-17; 8:45 am]
 BILLING CODE 7020-02-P

8210 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices upon the importation into the United cartridges and components thereof by accordance with section 210.13 of the States, the sale for importation, and the reason of infringement of one or more of Commission’s Rules of Practice and sale within the United States after claims 1–6 of the ’779 patent; claims 1, Procedure, 19 CFR 210.13. Pursuant to importation of certain magnetic tape 2, 4–9, 13, 16, and 17 of the ’959 patent; 19 CFR 201.16(e) and 210.13(a), such cartridges and components thereof by claims 1–5 of the ’137 patent; and responses will be considered by the reason of infringement of certain claims claims 1–3, 7, 9–11, 13, 14, 16, and 17 Commission if received not later than 20 of U.S. Patent No. 6,345,779 (‘‘the ’779 of the ’331 patent, and whether an days after the date of service by the patent’’); U.S. Patent No. 6,896,959 (‘‘the industry in the United States exists as Commission of the complaint and the ’959 patent’’); U.S. Patent No. 7,016,137 required by subsection (a)(2) of section notice of investigation. Extensions of (‘‘the ’137 patent’’); and U.S. Patent No. 337; time for submitting responses to the 7,115,331 (‘‘the ’331 patent’’). The (2) Pursuant to Commission Rule complaint and the notice of complaint further alleges that an 210.50(b)(1), 19 CFR 210.50(b)(1), the investigation will not be granted unless industry in the United States exists as presiding administrative law judge shall good cause therefor is shown. required by subsection (a)(2) of section take evidence or other information and Failure of a respondent to file a timely 337. hear arguments from the parties and response to each allegation in the The complainants request that the other interested persons with respect to complaint and in this notice may be Commission institute an investigation the public interest in this investigation, deemed to constitute a waiver of the and, after the investigation, issue a as appropriate, and provide the right to appear and contest the limited exclusion order and cease and Commission with findings of fact and a allegations of the complaint and this desist orders. recommended determination on this notice, and to authorize the ADDRESSES: The complaint, except for issue, which shall be limited to the administrative law judge and the any confidential information contained statutory public interest factors set forth Commission, without further notice to therein, is available for inspection in 19 U.S.C. 1337(d)(l), (f)(1), (g)(1). the respondent, to find the facts to be as during official business hours (8:45 a.m. (3) For the purpose of the alleged in the complaint and this notice to 5:15 p.m.) in the Office of the investigation so instituted, the following and to enter an initial determination Secretary, U.S. International Trade are hereby named as parties upon which and a final determination containing Commission, 500 E Street SW., Room this notice of investigation shall be such findings, and may result in the 112, Washington, DC 20436, telephone served: issuance of an exclusion order or a cease (202) 205–2000. Hearing impaired (a) The complainants are: and desist order or both directed against individuals are advised that information Sony Corporation, 1–7–1 Konan, the respondent. on this matter can be obtained by Minato-ku, Tokyo 108–0075, Japan By order of the Commission. contacting the Commission’s TDD Sony Storage Media and Devices Issued: January 18, 2017. terminal on (202) 205–1810. Persons Corporation, 3–4–1 Sakuragi, Tagajo, Lisa R. Barton, with mobility impairments who will Miyagi 985–0842, Japan Sony DADC US Inc., 1800 North Secretary to the Commission. need special assistance in gaining access Fruitridge Avenue, Terre Haute, IN [FR Doc. 2017–01531 Filed 1–23–17; 8:45 am] to the Commission should contact the Office of the Secretary at (202) 205– 47804 BILLING CODE 7020–02–P 2000. General information concerning Sony Latin America Inc., 5201 Blue the Commission may also be obtained Lagoon Drive, Suite 400, Miami, FL 33126 INTERNATIONAL TRADE by accessing its internet server at COMMISSION https://www.usitc.gov. The public (b) The respondents are the following record for this investigation may be entities alleged to be in violation of [Investigation No. 337–TA–1027] viewed on the Commission’s electronic section 337, and are the parties upon docket (EDIS) at https://edis.usitc.gov. which the complaint is to be served: Certain Food Supplements and Vitamins, Including Ocular FOR FURTHER INFORMATION CONTACT: The Fujifilm Holdings Corporation, 7–3 Antioxidants and Components Thereof Office of Unfair Import Investigations, Akasaka 9-chome, Minato-ku, Tokyo and Products Containing the Same; U.S. International Trade Commission, 107–0052, Japan Commission Determination Not To telephone (202) 205–2560. Fujifilm Corporation, 7–3 Akasaka 9- Review an Initial Determination Authority: The authority for chome, Minato-ku, Tokyo 107–0052, Terminating the Investigation Based institution of this investigation is Japan Fujifilm Holdings America Corporation, on Settlement; Termination of the contained in section 337 of the Tariff 200 Summit Lake Drive, Valhalla, NY Investigation Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of 10595 AGENCY: U.S. International Trade Practice and Procedure, 19 CFR 210.10 Fujifilm Recording Media U.S.A., Inc., Commission. (2016). 45 Crosby Drive, Bedford, MA 01730– ACTION: Notice. Scope of Investigation: Having 1401 considered the complaint, the U.S. (c) The Office of Unfair Import SUMMARY: Notice is hereby given that International Trade Commission, on Investigations, U.S. International Trade the U.S. International Trade January 17, 2017, Ordered that— Commission, 500 E Street SW., Suite Commission has determined not to (1) Pursuant to subsection (b) of 401, Washington, DC 20436; and review the presiding administrative law section 337 of the Tariff Act of 1930, as judge’s (‘‘ALJ’’) initial determination sradovich on DSK3GMQ082PROD with NOTICES (4) For the investigation so instituted, amended, an investigation be instituted the Chief Administrative Law Judge, (‘‘ID’’) (Order No. 8) terminating the to determine whether there is a U.S. International Trade Commission, investigation based on settlement. violation of subsection (a)(1)(B) of shall designate the presiding FOR FURTHER INFORMATION CONTACT: section 337 in the importation into the Administrative Law Judge. Amanda P. Fisherow, Office of the United States, the sale for importation, Responses to the complaint and the General Counsel, U.S. International or the sale within the United States after notice of investigation must be Trade Commission, 500 E Street SW., importation of certain magnetic tape submitted by the named respondents in Washington, DC 20436, telephone (202) VerDate Sep<11>2014 19:36 Jan 23, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM 24JAN1

Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices 8211 205–2737. Copies of non-confidential No petitions for review of the subject and implement injunctive relief to abate documents filed in connection with this ID were filed, and the Commission has releases or threatened releases from the investigation are or will be available for determined not to review the ID. The mine sites. inspection during official business investigation is terminated. The publication of this notice opens hours (8:45 a.m. to 5:15 p.m.) in the The authority for the Commission’s a period for public comment on the Office of the Secretary, U.S. determination is contained in section Consent Decree. Comments should be International Trade Commission, 500 E 337 of the Tariff Act of 1930, as addressed to the Assistant Attorney Street SW., Washington, DC 20436, amended (19 U.S.C. 1337), and in part General, Environment and Natural telephone (202) 205–2000. General 210 of the Commission’s Rules of Resources Division, and should refer to information concerning the Commission Practice and Procedure (19 CFR part United States v. Cyprus Amax Minerals may also be obtained by accessing its 210). Company and Western Nuclear, Inc., Internet server at http://www.usitc.gov. By order of the Commission. D.J. Ref. No. 90–11–2–10823/1. All The public record for this investigation Issued: January 17, 2017. comments must be submitted no later may be viewed on the Commission’s Lisa R. Barton, than thirty (30) days after the electronic docket (EDIS) at http:// publication date of this notice. Secretary to the Commission. edis.usitc.gov. Hearing-impaired Comments may be submitted either by [FR Doc. 2017–01481 Filed 1–23–17; 8:45 am] persons are advised that information on email or by mail: BILLING CODE 7020–02–P this matter can be obtained by contacting the Commission’s TDD To submit Send them to: comments: terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The DEPARTMENT OF JUSTICE By email ....... pubcomment-ees.enrd@ Commission instituted this investigation Notice of Lodging of Proposed usdoj.gov on November 8, 2016, based on a Consent Decree Under the By mail ......... Assistant Attorney General, complaint filed by Kemin Industries, U.S. DOJ—ENRD, P.O. Comprehensive Environmental Box 7611, Washington, DC Inc. and Kemin Foods, L.C. both of Des Response, Compensation Liability Act Moines, Iowa (collectively, 20044–7611. (‘‘CERCLA’’) ‘‘complainants’’). 81 FR 78634–35 (Nov. During the public comment period, 8, 2016). The complaint alleges On January 17, 2017, the Department the Consent Decree may be examined violations of Section 337 of the Tariff of Justice lodged a proposed Consent and downloaded at this Justice Act of 1930, as amended, 19 U.S.C. Decree (‘‘Decree’’) with the United Department Web site: https:// 1337, by reason of infringement of States District Court for the District of www.justice.gov/enrd/consent-decrees. certain claims of U.S. Patent Nos. Arizona in the lawsuit entitled United We will provide a paper copy of the 8,815,955 and 9,226,940. The complaint States v. Cyprus Amax Minerals Consent Decree upon written request further alleges the existence of a Company and Western Nuclear, Inc., and payment of reproduction costs. domestic industry. The notice of Civil Action No. 2:17–cv–00140. Please mail your request and payment investigation named as respondents In this action, the United States and to: Consent Decree Library, U.S. DOJ— OmniActive Health Technologies of the Navajo Nation filed complaints ENRD, P.O. Box 7611, Washington, DC Mumbai, India and OmniActive Health against Cyprus Amax Minerals 20044–7611. Technologies, Inc. of Morristown, New Company and Western Nuclear, Inc. Please enclose a check or money order Jersey (collectively, ‘‘respondents’’). Id. (‘‘Defendants’’) seeking past and future for $15.25 (25 cents per page at 78635. The Office of Unfair Import response costs and injunctive relief reproduction cost) payable to the United Investigations was not named as a party. under Sections 106 and 107 of the States Treasury. On December 13, 2016, complainants Comprehensive Environmental Commenters should be aware that and respondents filed a joint motion to Response, Compensation and Liability comments received are submitted to the terminate the investigation based on Act, 42 U.S.C. 9606 and 9607. The Court as a public filing, and may be settlement. The parties represent that United States and the Navajo Nation submitted to counsel and other parties the settlement agreement reflects the concurrently lodged a Consent Decree associated with the litigation. entire and only agreement between the resolving the claims alleged in the parties regarding the subject matter of complaint. The Defendants, through Henry Friedman, the investigation and that there are no either their corporate predecessors or Assistant Section Chief, Environmental other agreement, written or oral, express past activities, operated mine sites on Enforcement Section, Environment and or implied between the parties the Navajo Nation. There are Navajo Natural Resources Division. concerning the subject matter of the Nation communities located close to the [FR Doc. 2017–01565 Filed 1–23–17; 8:45 am] investigation. mine sites, on and near the Navajo BILLING CODE 4410–15–P On December 28, 2016, the ALJ Nation Reservation, and downstream granted the joint motion to terminate the and down-wind from the waste piles on investigation based on settlement. The the mine sites. There have been or may DEPARTMENT OF JUSTICE ALJ found that the parties’ submissions, be releases and/or threatened releases of Notice of Lodging of Proposed Third including a modified public version of hazardous substances from the mine Partial Consent Decree Under the the settlement agreement submitted on sites formerly operated by the Clean Air Act December 22, 2016, satisfy the Defendants into the environment at each sradovich on DSK3GMQ082PROD with NOTICES Commission’s rules. The ALJ found that of the mine sites. More specifically, On January 11, 2017, the Department the termination of this investigation there have been or may be releases and/ of Justice lodged a proposed Third based on settlement does not pose any or threatened releases of uranium and Partial Consent Decree with the United public interest concerns. The ALJ also radium-226, each of which constitutes a States District Court for the Northern found that it is in the interest of the hazardous substance. The Decree District of California in the lawsuit public and administrative economy to requires the Settling Defendants to pay entitled In re: Volkswagen ‘‘Clean grant the motion. past and future response costs to EPA Diesel’’ Marketing, Sales Practices, and VerDate Sep<11>2014 19:36 Jan 23, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM 24JAN1


Document Created: 2018-02-01 15:12:23
Document Modified: 2018-02-01 15:12:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactAmanda P. Fisherow, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 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. 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 Citation82 FR 8210 
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