[Federal Register: April 18, 2006 (Volume 71, Number 74)]
[Notices]
[Page 19894-19895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap06-75]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-548]
In the Matter of Certain Tissue Converting Machinery, Including
Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice
of a Commission Determination Not To Review an Initial Determination
Terminating the Investigation on the Basis of a Settlement Agreement
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 an initial determination
(``ID'') of the presiding administrative law judge (``ALJ'') granting
the joint motion of complainants Fabio Perini North America, Inc. and
Fabio Perini S.p.A and respondent Chan Li Machinery Co., Ltd. to
terminate the above-captioned investigation on the basis of a
settlement agreement.
FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3112. Copies of the public
version of the ID and all nonconfidential 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. Hearing-impaired persons
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its Internet server (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.
SUPPLEMENTARY INFORMATION: This investigation was instituted by the
Commission based on a complaint filed by Fabio Perini North America
Inc. of Green Bay, Wisconsin. 70 FR 46884
[[Page 19895]]
(August 11, 2005). The complaint alleged violations section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain tissue converting machinery, including
rewinders, tail sealers, trim removers, and components thereof by
reason of infringement of claims 1, 3, 6-8, and 13-15 of U.S. Patent
No. 5,979,818, claims 1-5 of U.S. Patent No. Re. 35,729, and claim 5 of
U.S. Patent No. 5,475,917. The complaint and notice of investigation
named Chan Li Machinery, Co., Ltd. of Taipei Hsien, Taiwan as the
respondent.
The Commission determined not to review ALJ Order No. 10, adding to
this investigation claims 7, 12, 15 and 16 of U.S. Patent No.
6,948,677, and ALJ Order No. 11, adding Fabio Perini S.p.A. (of Italy)
as a complainant. See Certain Tissue Converting Machinery, Including
Rewinders, Tail Sealers, Trim Removers, and Components Thereof, Inv.
No. 337-TA-548, Notice of Commission Decision Not to Review, 71 FR
10065 (February 28, 2006). On February 22, 2006, the ALJ issued Order
No. 13 staying the proceedings in view of settlement negotiations.
On February 27, 2006, Fabio Perini North America, Inc., Fabio
Perini S.p.A., and Chan Li Machinery Co. Ltd. filed a ``Joint Motion to
Terminate Investigation Based Upon Settlement Agreement.'' On March 6,
2006, the Commission Investigative Attorney filed a motion in support
of the joint motion to terminate, noting that it was unaware of any
information indicating that the basis of the settlement agreement would
be contrary to the public interest.
On March 13, 2006, the ALJ issued the subject ID (Order No. 14)
terminating the investigation on the basis of a settlement agreement.
The ALJ found no indication that termination of the investigation on
the basis of the settlement agreement would adversely affect the public
interest, and that the procedural requirements for terminating the
investigation had been met. No petitions for review were filed.
The Commission has determined not to review the ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule
210.42, 19 CFR 210.42.
Issued: April 12, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-5786 Filed 4-17-06; 8:45 am]
BILLING CODE 7020-02-P