[Federal Register: September 12, 2003 (Volume 68, Number 177)]
[Notices]
[Page 53752-53753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se03-76]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-498]
In the Matter of Certain Insect Traps; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 8, 2003, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
American Biophysics Corporation of East Greenwich, Rhode Island. A
supplement to the complaint was filed on August 27, 2003. The
complaint, as supplemented, alleges violations of section 337 in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain insect traps
by reason of infringement of claims 1-3, 5-7, 9, 13, 28, 31-33, 35-37,
39-41, and 43-45 of U.S. Patent No. 6,286,249 B1 and claims 1-4, 7, 15-
19, and 21-39 of U.S. Patent No. 6,145,243. The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and a permanent cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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
[[Page 53753]]
Commission, 500 E Street, SW., Room 112, Washington, DC 20436,
telephone 202-205-2000. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 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 imaging system (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2579.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in Sec. 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2003).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on September 8, 2003, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain home vacuum
packaging machines by reason of infringement of claims 1-3, 5-7, 9, 13,
28, 31-33, 35-37, 39-41, or 43-45 of U.S. Patent No. 6,286,249 B1 or
claims 1-4, 7, 15-19, or 21-39 of U.S. Patent No. 6,145,243 and whether
an industry in the United States exists as required by subsection
(a)(2) of section 337.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--
American Biophysics Corporation, 2240 South County Trail,Greenwich, RI
02818-1536.
(b) The respondent is the following company alleged to be in
violation of section 337, and is a party upon which the complaint is to
be served:
Blue Rhino Corporation, 104 Cambridge Plaza Drive, Winston-Salem, NC
27104.
(c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Suite 401,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(4) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
A response to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with Sec. 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such response will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting the response to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter a final determination containing such findings, and may result
in the issuance of a limited exclusion order or cease and desist order
or both directed against such respondent.
By order of the Commission.
Issued: September 8, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-23219 Filed 9-11-03; 8:45 am]