16426 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices

Agreement of the Settlement Agreement 31. LU Sheet Company, Boysen Unit, INTERNATIONAL TRADE on Operating Procedures for Green P–SMBP, Wyoming: Contract renewal of COMMISSION Mountain Reservoir Concerning long-term water service contract. [Investigation No. 337–TA–604] Operating Limitations and in Resolution 32. Busch Farms, Inc., Boysen Unit, of the Petition Filed August 7, 2003, in P–SMBP, Wyoming: Contract renewal of In the Matter of Certain Sucralose, Case No. 49–CV–2782 (The United long-term water service contract. Sweeteners Containing Sucralose, and States v. Northern Colorado Water Related Intermediate Compounds Conservancy District, et al., U.S. District 33. Gorst Ranch, Boysen Unit, P– SMBP, Wyoming: Contract renewal of Thereof; Notice of Commission Court for the District of Colorado, Case Issuance of a Limited Exclusion Order; long-term water service contract. No. 2782 and Consolidated Case Nos. Termination of Investigation 5016 and 5017). 34. Helena Sand & Gravel, Helena 20. Colorado River Water valley Unit, P–SMBP, Montana: request AGENCY: U.S. International Trade Conservation District, Colorado-Big for a long-term water service contract for Commission. Thompson Project, Colorado: M&I purposes up to 1,000 acre-feet per ACTION: Notice. Consideration of a request for a long- year. term contract for the use of excess SUMMARY: Notice is hereby given that 35. City of Cheyenne, Kendrick the U.S. International Trade capacity for storage and exchange in Project, Wyoming: the of Cheyenne has Green Mountain Reservoir in the Commission has issued a limited requested an amendment to its water exclusion order against eleven Colorado-Big Thompson Project. storage contract to increase the storage 21. Glendo Unit, P–SMBP, Wyoming: respondents in the above-captioned entitlement to 15,700 acre-feet of storage investigation under section 337 of the Contract renewal for long-term water space in Seminoe Reservoir. service contracts with Burbank Ditch, Tariff Act of 1930, as amended, 19 New Grattan Ditch Company, 36. Central Nebraska Public Power U.S.C. 1337 (‘‘section 337’’), and has Torrington ID, Lucerne Canal and Power and ID, Glendo unit, P–SMBP, terminated the investigation. Company, and Wright and Murphy Nebraska: Request to amend current FOR FURTHER INFORMATION CONTACT: Ditch Company. repayment contract. James A. Worth, Office of the General 22. Glendo Unit, P–SMBP, Nebraska: 37. Busk-Ivanhoe, Inc., Fryingpan- Counsel, U.S. International Trade Contract renewal for long-term water Arkansas project, Colorado: Contract Commission, 500 E Street, SW., service contracts with Bridgeport, renewal for their long-term carriage and Washington, DC 20436, telephone (202) Enterprise, and Mitchell IDs. storage contract. 205–3065. Copies of non-confidential 23. Glendo Unit, P–SMBP, Wyoming: documents filed in connection with this 38. State of Colorado, Department of investigation are or will be available for Contract renewal for long-term water Corrections, Fryingpan-Arkansas storage contract with Pacificorp. inspection during official business Project, Colorado: Consideration of a hours (8:45 a.m. to 5:15 p.m.) in the 24. Roger W. Evans (Individual), request for long-term excess capacity Office of the Secretary, U.S. Boysen Unit, P–SMBP, Wyoming: storage out of Pueblo Reservoir. International Trade Commission, 500 E Renewal of long-term water service 39. Southeastern Water Conservancy Street, SW., Washington, DC 20436, contracts. District, Fryingpan-Arkansas Project, telephone (202) 205–2000. General 25. City of Beloit, P–SMBP, Kansas: Colorado: Consideration of a master information concerning the Commission Contract renewal for M&I contract. storage contract. may also be obtained by accessing its 26. Individual Irrigators, Canyon Internet server (http://www.usitc.gov). Ferry Unit, P–SMBP, Montana: Replace The following actions have been completed since the last publication of The public record for this investigation temporary 1-year contracts with long- may be viewed on the Commission’s this notice on November 20, 2008: term water service contracts for minor electronic docket (EDIS) at http:// amounts of less than 1,000 acre-feet of 1. (8) Savage ID, P–SMBP, Montana: edis.usitc.gov. Hearing-impaired irrigation water annually from the The District is currently seeking title persons are advised that information on Missouri River below Canyon Ferry transfer. The contract is subject to this matter can be obtained by Dam. renewal pending outcome of the title contacting the Commission’s TDD 27. Individual Irrigators, Lower transfer process. The existing interim terminal on (202) 205–1810. Marias Unit, P–SMBP, Montana: contract expired in May 2008. A 5-year SUPPLEMENTARY INFORMATION: The Execute long-term water service interim contract was offer to the District Commission instituted this investigation contracts for commercial irrigation from on June 28, 2008. Contract executed on May 10, 2007, based upon a Lake Elwell and the Marias River below October 22, 2008. complaint filed on behalf of Tate & Lyle Tiber Dam. 2. (12) Individual irrigators, Heart Technology Ltd. of London, United 28. Turtle Lake ID, Garrison Diversion Butte Unit, P–SMBP, North Dakota: Kingdom, and Tate & Lyle Sucralose, Unit, North Dakota: Turtle Lake ID, Renew long-term water service contracts Inc. of Decatur, Illinois (collectively, water users, and individual irrigators for minor amounts of less than 1,000 ‘‘Tate & Lyle’’). The complaint alleged have requested water service contracts, acre-feet of irrigation water annually violations of section 337(a)(1)(B) of the which may be short- or long-term under from the Heart River below Heart Butte Tariff Act of 1930 (19 U.S.C. 1337) in the Dakota Water Resources Act of 2000. Dam. Contracts executed between the importation into the United States, 29. Big Horn Canal ID, Boysen Unit, February and April 2008. the sale for importation, and the sale P–SMBP, Wyoming: Big Horn Canal ID within the United States after February 11, 2009. has requested the renewal of their long- importation of sucralose, sweeteners term water service contract. Roseann Gonzales, containing sucralose, and related 30. Hanover ID, Boysen Unit, P– Director, Policy and Program Services Denver intermediate compounds thereof by SMBP, Wyoming: Hanover ID has Office. reason of infringement of various claims requested the renewal of their long-term [FR Doc. E9–8189 Filed 4–9–09; 8:45 am] of United States Patent Nos. 4,980,463 water service contract. BILLING CODE 4310–MN–P (‘‘the ‘463 patent’’); 5,470,969 (‘‘the ‘969

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patent’’); 5,034,551 (‘‘the ‘551 patent’’); On review, the Commission found no that the bond under the limited 5,498,709 (‘‘the ‘709 patent’’); and violation on the merits with respect to exclusion order during the Presidential 7,049,435 (‘‘the ‘435 patent’’). The the ‘463, ‘969, and ‘551 patents, for the review period shall be in the amount of notice of investigation named twenty- reasons set forth in the Commission 100 percent of the entered value of the five respondents. opinion. As to the ‘969 patent, imported articles. The Commission’s On August 15, 2007, the Commission respondents Shanghai Aurisco and orders were delivered to the President issued notice of its determination not to Zhongjin were previously found to have and the United States Trade review an ID allowing JK Sucralose, Inc. defaulted. Additionally, the Representative on the day of their (‘‘JK Sucralose’’) to intervene as a Commission found CJ America, Inc. to issuance. respondent in the investigation. On have admitted infringement and to have The Commission has therefore August 30, 2007, the Commission issued agreed to the entry of an exclusion order terminated this investigation. The notice of its determination not to review as to the ‘969 patent. As to the ‘709 and authority for the Commission’s an ID terminating the investigation with ‘435 patents, respondents Gremount, determination is contained in section respect to ProFood International Inc. on Hebei Academe, Lianyungang Natiprol, 337 of the Tariff Act of 1930, as the basis of a consent order. On October Ruland, and Hebei Research were amended (19 U.S.C. 1337), and sections 3, 2007, the Commission issued notice previously found to have defaulted with 210.16(c) and 210.41–.42, 210.50 of the of its determination not to review an ID respect to the ‘709 and ‘435 patents, and Commission’s Rules of Practice and adding Heartland Sweeteners, LLC Shanghai Aurisco and Zhongjin were Procedure (19 CFR 210.16(c) and (‘‘Heartland Sweeteners’’) as a previously found to have defaulted with 210.41–.42, 210.50). respondent in the investigation. The respect to the ‘709 patent. Additionally, Issued: April 9, 2009. respondents who remain parties to the the Commission found CJ America to By order of the Commission. investigation are therefore: Changzhou have admitted infringement and to have Marilyn R. Abbott, Niutang Chemical Plant Co. agreed to the entry of a remedial order (‘‘Changzhou Niutang Chemical’’); Secretary to the Commission. as to the ‘709 patent, that non- [FR Doc. E9–8154 Filed 4–9–09; 8:45 am] Guangdong Food Industry Institute and participating respondents Vivion and BILLING CODE L&P Food Ingredient Co., Ltd. Fortune Bridge were subject to adverse (‘‘GDFII’’); Hebei Sukerui Science and inferences with respect to the ‘709 and Technology Co., Ltd. (‘‘Hebei Sukerui ‘435 patents under Commission Rule Science’’); JK Sucralose; Beijing Forbest INTERNATIONAL TRADE 210.17, and that non-participating COMMISSION Chemical Co., Ltd.; Beijing Forbest respondent Nu-Scaan was subject to Trade Co., Ltd.; Forbest International adverse inferences with respect to the [Investigation No. 731–TA–1145 (Final)] USA, LLC; U.S. Niutang Chemical, Inc.; ‘709 patent under Commission Rule Certain Steel Threaded Rod From Garuda International, Inc.; Heartland 210.17. Packaging Corporation; Heartland China Determination The Commission has determined that Sweeteners; MTC Industries, Inc.; On the basis of the record 1 developed Nantong Molecular Technology Co., the appropriate form of relief in this investigation is a limited exclusion in the subject investigation, the United Ltd.; AIDP, Inc.; Fortune Bridge Co., Inc. States International Trade Commission (‘‘Fortune Bridge’’); Nu-Scaan order prohibiting the unlicensed entry of certain sucralose and sweeteners (Commission) determines, pursuant to Nutraceuticals (‘‘Nu-Scaan’’); CJ section 735(b) of the Tariff Act of 1930 America, Inc. (‘‘CJ America’’); Vivion, containing sucralose by reason of infringement of one or more of claims (19 U.S.C. 1673d(b)) (the Act), that an Inc. (‘‘Vivion’’); Gremount International industry in the United States is Co., Ltd. (‘‘Gremount’’); Hebei Province 20, 21–26, 28, and 29 of the ‘969 patent by Shanghai Aurisco, Zhongjin, and CJ materially injured by reason of imports Chemical Industry Academe (‘‘Hebei from China of certain steel threaded rod, Academe’’); Hebei Research Institute of America; of claims 8, 9, and 13 of the ‘709 patent by Gremount, Hebei provided for in subheading 7318.15.50 Chemical Industry (‘‘Hebei Research’’); of the Harmonized Tariff Schedule of Lianyungang Natiprol (Int’l) Co., Ltd. Academe, Lianyungang Natiprol, Hebei Research, Ruland, Shanghai Aurisco, the United States, that have been found (‘‘Lianyungang Natiprol’’); Ruland by the Department of Commerce Chemistry Co., Ltd. (‘‘Ruland’’); Zhongjin, CJ America, Nu-Scaan, Vivion, and Fortune Bridge; and of (Commerce) to be sold in the United Shanghai Aurisco Trading Co., Ltd. States at less than fair value (LTFV). (‘‘Shanghai Aurisco’’); and Zhongjin claim 1 of the ‘435 patent by Gremount, Pharmaceutical (Hong Kong) Co. Hebei Academe, Lianyungang Natiprol, Background Ruland, Hebei Research, Vivion, and (‘‘Zhongjin’’). Some of these The Commission instituted this Fortune Bridge, with the caveat that the respondents have been found in default. investigation effective March 5, 2008, order not apply to sucralose supplied to On September 22, 2008, the presiding following receipt of a petition filed with these respondents by the manufacturing administrative law judge issued a final the Commission and Commerce by respondents who were found to either initial determination (‘‘final ID’’) finding Vulcan Threaded Products, Pelham, AL. not infringe or against whom no violation of section 337 (with the The final phase of the investigation was infringement allegations were exception of certain non-participating scheduled by the Commission following withdrawn as to the patents asserted in and defaulted respondents). On October notification of a preliminary the investigation. These manufacturing 6, 2008, Tate & Lyle, four sets of determination by Commerce that respondents are Changzhou Niutang respondents, and the Commission imports of certain steel threaded rod Chemical, GDFII, Hebei Sukerui investigative attorney (‘‘IA’’) each filed from China were being sold at LTFV Science, and JK Sucralose. The petitions for review. On November 21, within the meaning of section 733(b) of Commission further determined that the 2008, the Commission issued notice of the Act (19 U.S.C. 1673b(b)). Notice of public interest factors enumerated in its determination to review the final ID the scheduling of the final phase of the in its entirety and requested briefing on section 337(d)(1),(g)(1), 19 U.S.C. the issues on review and on remedy, the 1337(d)(1),(g)(1), do not preclude 1 The record is defined in section 207.2(f) of the public interest, and bonding, including issuance of the limited exclusion order. Commission’s Rules of Practice and Procedure (19 responses to certain questions. Finally, the Commission determined CFR 207.2(f)).

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