June 28, 2007
News Release 07-067
Inv. No. 337-TA-609
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (ITC or Commission) has voted to institute an investigation of certain buffer systems and components thereof used in container processing lines. The products at issue in this investigation are tables that include a conveyor system and that are primarily used in bottling production lines to buffer the effects of downstream slowdowns or interruptions in the line.

The investigation is based on a complaint filed by Sidel Participations of France; Sidel Canada Inc. of Canada; and Sidel Inc. of Norcross, GA, on May 31, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain buffer systems and components thereof used in container processing lines that infringe a patent owned by Sidel Canada Inc. The complainants request that the ITC issue a permanent general exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Krones AG of Germany;
Krones Inc. of Franklin, WI;
KHS AG of Germany; and
KHS USA, Inc., of Waukesha, WI.

By instituting this investigation (337-TA-609), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.