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78464 Federal Register / Vol. 71, No.

250 / Friday, December 29, 2006 / Notices

Ecology will be a joint lead with received during the scoping meetings China, Indonesia, or Korea of coated free
Reclamation in the preparation of this and letters received during the scoping sheet paper,2 provided for in
Environmental Impact Statement. period, identified under the Dates subheadings 4810.13.19, 4810.13.20,
Ecology has indicated that under SEPA section, into a scoping summary 4810.13.50, 4810.13.70, 4810.14.19,
they will evaluate a range of alternatives document which will be provided to 4810.14.20, 4810.14.50, 4810.14.70,
that include both storage, the subject of those who submitted comments. The 4810.19.19, and 4810.19.20 of the
the Yakima River Basin Water Storage scoping summary will also be available Harmonized Tariff Schedule of the
Feasibility Study, and non-storage to others upon request. United States, that are alleged to be
components. As a result the jointly If you wish to comment, you may subsidized or sold in the United States
prepared EIS will provide NEPA mail us your comments as indicated at less than fair value (LTFV).
coverage for storage alternatives that under the Addresses section. Our Pursuant to section 207.18 of the
Reclamation may consider as part of the practice is to make comments, including Commission’s rules, the Commission
Yakima River Basin Water Storage names, home addresses, home phone also gives notice of the commencement
Feasibility Study as well as SEPA numbers, and e-mail addresses of of the final phase of its investigations.
coverage for a broader range of respondents, available for public The Commission will issue a final phase
alternatives that Ecology may consider. review. Individual respondents may notice of scheduling, which will be
The alternatives being investigated by request that we withhold their names published in the Federal Register as
Reclamation include additional storage and/or home addresses, etc., but if you provided in section 207.21 of the
of Yakima River water, as well as water wish us to consider withholding this Commission’s rules, upon notice from
exchanges with the Columbia River. The information you must state this the Department of Commerce
in-basin alternatives would entail prominently at the beginning of your (Commerce) of affirmative preliminary
diverting excess water flows from the comments. In addition, you must determinations in the investigations
Yakima River after all water rights and present a rationale for withholding this under sections 703(b) and 733(b) of the
fish target flows are met. Previous information. This rationale must Act, or, if the preliminary
Yakima River Basin investigations, such demonstrate that disclosure would determinations are negative, upon
as the Yakima River Basin Water constitute a clearly unwarranted notice of affirmative final
Enhancement Program and the invasion of privacy. Unsupported determinations in those investigations
Watershed Management Plan for the assertions will not meet this burden. In under sections 705(a) and 735(a) of the
Yakima River Basin, are being used to the absence of exceptional, document- Act. Parties that filed entries of
develop in-basin water storage able circumstances, this information appearance in the preliminary phase of
alternatives. will be released. We will always make the investigations need not enter a
The water exchange alternatives submissions from organizations or separate appearance for the final phase
would involve new storage and the businesses, and from individuals of the investigations. Industrial users,
pumping of water from the Columbia identifying themselves as and, if the merchandise under
River. The Black Rock Dam and representatives or officials of investigation is sold at the retail level,
Reservoir alternative would pump 3,500 organizations or businesses, available representative consumer organizations
or 6,000 cfs from above Priest Rapids to for public inspection in their entirety. have the right to appear as parties in
a reservoir east of the city of Yakima Commission antidumping and
which would then be delivered to Kathyrn A. Marshall,
countervailing duty investigations. The
irrigation districts downstream of the Acting Regional Director, Pacific Northwest
Secretary will prepare a public service
city. Deliveries from Black Rock Region.
list containing the names and addresses
Reservoir would offset existing [FR Doc. E6–22386 Filed 12–28–06; 8:45 am]
of all persons, or their representatives,
diversions from the Yakima River. BILLING CODE 4310–MN–P
who are parties to the investigations.
Those foregone diversions would be
used to improve flows for anadromous Background
fish and provide additional supplies in INTERNATIONAL TRADE On October 31, 2006, a petition was
drought years to existing irrigators COMMISSION filed with the Commission and
beyond what would otherwise have Commerce by New Page Corp., Dayton,
been available. Water stored as part of [Investigation Nos. 701–TA–444–446
(Preliminary) and 731-TA–1107–1109 OH, alleging that an industry in the
the project would not be used to expand United States is materially injured or
(Preliminary)]
irrigation in the Yakima Basin. An threatened with material injury by
alternative which would pump water Coated Free Sheet Paper From China, reason of subsidized and LTFV imports
from the mouth of the Yakima River Indonesia, and Korea of coated free sheet paper from China,
would involve a storage reservoir in the Indonesia, and Korea. Accordingly,
Yakima Basin to re-regulate irrigation Determinations effective October 31, 2006, the
flow releases for the benefit of instream On the basis of the record 1 developed Commission instituted countervailing
flows and a water exchange to reduce in the subject investigations, the United duty investigations Nos. 701-TA–444–
some Yakima River diversions. States International Trade Commission 446 (Preliminary) and antidumping duty
Other combinations of storage and (Commission) determines, pursuant to investigations Nos. 731-TA–1107–1109
pumping of water from the Columbia sections 703(a) and 733(a) of the Tariff (Preliminary).
River for delivery by exchange to the Act of 1930 (19 U.S.C. 1671b(a) and Notice of the institution of the
Yakima River Basin may be identified 1673b(a)) (the Act), that there is a Commission’s investigations and of a
during the public scoping process. reasonable indication that an industry public conference to be held in
Reclamation plans to conduct public
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in the United States is materially connection therewith was given by


scoping meetings to solicit input on the
injured by reason of imports from posting copies of the notice in the Office
alternatives to augment water supplies
in the Yakima River and impacts 1 The record is defined in sec. 207.2(f) of the 2 Chairman Daniel R. Pearson dissenting.
associated with those alternatives. Commission’s Rules of Practice and Procedure (19 Commissioner Jennifer A. Hillman did not
Reclamation will summarize comments CFR 207.2(f)). participate in these investigations.

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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices 78465

of the Secretary, U.S. International information concerning the Commission 337 of the Tariff Act of 1930, as
Trade Commission, Washington, DC, may also be obtained by accessing its amended (19 U.S.C. 1337), and in
and by publishing the notice in the Internet server at http://www.usitc.gov. section 210.42–45 of the Commission’s
Federal Register of November 6, 2006 The public record for this investigation Rules of Practice and Procedure (19 CFR
(71 FR 64983). The conference was held may be viewed on the Commission’s 210.42–45).
in Washington, DC, on November 21, electronic docket (EDIS) at http:// Issued: December 22, 2006.
2006, and all persons who requested the edis.usitc.gov. Hearing-impaired
By order of the Commission.
opportunity were permitted to appear in persons are advised that information on
Marilyn R. Abbott,
person or by counsel. this matter can be obtained by
The Commission transmitted its contacting the Commission’s TDD Secretary to the Commission.
determinations in these investigations to terminal on (202) 205–1810. [FR Doc. 06–9916 Filed 12–28–06; 8:45 am]
the Secretary of Commerce on December SUPPLEMENTARY INFORMATION: The BILLING CODE 7020–02–M
15, 2006. The views of the Commission Commission instituted this investigation
are contained in USITC Publication on November 4, 2005, based on a
3900 (December 2006), entitled Coated complaint filed by Toshiba Corporation DEPARTMENT OF JUSTICE
Free Sheet Paper from China, Indonesia, of Tokyo, Japan (‘‘Toshiba’’) under
and Korea: Investigation Nos. 701–TA– section 337 of the Tariff Act of 1930, as Notice of Lodging of Partial Consent
444–446 (Preliminary) and 731-TA– amended, 19 U.S.C. 1337. 70 FR 67192– Decree Under the Comprehensive
1107–1109 (Preliminary). 193 (November 4, 2005). The Environmental Response,
complainant alleged violations of Compensation, and Liability Act of
Issued: December 26, 2006.
By order of the Commission. section 337 in the importation and sale 1980 (‘‘CERCLA’’)
Marilyn R. Abbott of certain flash memory devices and
Consistent with Section 122(d) of the
Secretary to the Commission.
components thereof, and products
Comprehensive Environmental
containing such devices and
[FR Doc. E6–22419 Filed 12–28–06; 8:45 am] Response, Compensation, and Liability
components, by reason of infringement
BILLING CODE 7020–02–P Act of 1980, as amended (‘‘CERCLA’’),
of claims 1–4 of U.S. Patent No.
42 U.S.C. 9622(d), and 28 CFR 50.7,
5,150,178 (‘‘the ‘178 patent’’); claims 1,
notice is hereby given that on December
6 and 7 of U.S. Patent No. 5,270,969
INTERNATIONAL TRADE 14, 2006, a proposed Partial Consent
(‘‘the ‘969 patent’’); and claims 1 and 4
COMMISSION Decree with Colgate-Palmolive
of U.S. Patent No. 5,517,449 (‘‘the ‘449
[Investigation No. 337–TA–552] patent’’). The complainant named Hynix Company in United States v. American
Semiconductor of Ischon-si, Republic of Cyanamid, et al., Nos. 1:02–CV–109–1
In the Matter of Certain Flash Memory Korea, and Hynix Semiconductor and 1:03–CV–122–3 (M.D. Ga.), was
Devices, and Components Thereof, America, Inc. of San Jose, California lodged with the United States District
and Products Containing Such Devices (collectively ‘‘Hynix’’) as respondents. Court for the Middle District of Georgia.
and Components; Notice of On November 21, 2005, Toshiba In this action, the United States seeks
Commission Decision Not to Review moved for leave to amend the complaint to recover from various defendants,
the Administrative Law Judge’s Final to add claim 5 of the ‘178 patent. On pursuant to Sections 107 and 113(g)(2)
Initial Determination That There is No December 2, 2005, the ALJ issued an ID of CERCLA, 42 U.S.C. 9607 and
Violation of Section 337; Termination (Order No. 4) granting the motion to 9613(g)(2), the costs incurred and to be
of Investigation amend the complaint. The Commission incurred by the United States in
determined not to review this ID. responding to the release and/or
AGENCY: U.S. International Trade threatened release of hazardous
An evidentiary hearing was held from
Commission. substances at and from the Stoller
July 5, 2006, through July 13, 2006. On
ACTION: Notice. November 65, 2006, the ALJ issued his Chemical Company/Pelham Phosphate
final ID and recommended Company Site (‘‘Site’’) in Pelham,
SUMMARY: Notice is hereby given that
determination on remedy and bonding. Mitchell County, Georgia. Under the
the United States International Trade
The ALJL concluded that there was no proposed Partial Consent Decree,
Commission has determined not to
violation of section 337. Specifically, he Defendant Colgate-Palmolive Company
review an initial determination (‘‘ID’’)
found that the asserted claims of the will pay $2,850,000 to the Hazardous
issued by the presiding administrative
‘178, ‘969, and ‘449 patents are not Substances Superfund in
law judge (‘‘ALJ’’) finding no violation
infringed and are not valid, and that reimbursement of the costs incurred by
of section 337 of the Tariff Act of 1930,
there is no domestic industry involving the United States at the Site.
as amended, and to terminate the The Department of Justice will receive
investigation. the three patents.
On November 17, 2006, complainant for a period of thirty (30) days from the
FOR FURTHER INFORMATION CONTACT: Jean Toshiba, the Commission investigative date of this publication comments
Jackson, Esq., Office of the General attorney, and respondent Hynix relating to the Partial Consent Decree.
Counsel, U.S. International Trade petitioned for review of various portions Comments should be addressed to the
Commission, 500 E Street, SW., of the final ID. On November 28, 2006, Assistant Attorney General,
Washington, DC 20436, telephone (202) all parties filed responses to the Environment and Natural Resources
205–3104. Copies of non-confidential petitions for review. Division, P.O. Box 7611, U.S.
documents filed in connection with this Having examined the record of this Department of Justice, Washington, DC
investigation are or will be available le investigation, including the ALJ’s final 20044–7611, and should refer to United
for inspection during official business ID, the petitions for review, and the States v. American Cyanamid, et al.,
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hours (8:45 a.m. to 5:15 p.m.) in the responses thereto, the Commission has (M.D. Ga) (Partial Consent Decree with
Office of the Secretary, U.S. determined not to review the ALJ’s ID, Colgate-Palmolive Company, DOJ Ref.
International Trade Commission, 500 E and has terminated the investigation. No. 9011–3–07602).
Street, SW., Washington, DC 20436, The authority for the Commission’s The Partial Consent Decree may be
telephone (202) 205–2000. General determination is contained in section examined at the Office of the United

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