[Federal Register: January 7, 2004 (Volume 69, Number 4)]
[Notices]
[Page 937-938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja04-59]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-502]
Certain Automobile Tail Light Lenses and Products Incorporating
Same; Notice of Investigation
AGENCY: 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 December 1, 2003, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Jens E. Sorensen, as Trustee of the Sorensen Research and Development
Trust, of San Diego, California, and Jens Ole Sorensen of Rancho Santa
Fe, California. A supplement to the Complaint was filed on December 18,
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
automobile tail light lenses and products incorporating same by reason
of infringement of claims 1, 6, 8 and 10 of U.S. Patent No. 4,935,184.
The complaint further alleges that an industry in the United States
exists as required by subsection (a)(2) of section 337.
The complainants 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 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: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2572.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 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 December 31, 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 automobile
tail light lenses or products incorporating same by reason of
infringement of claims 1, 6, 8 or 10 of U.S. Patent No. 4,935,184 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 complainants are--
Jens E. Sorensen, as Trustee of the Sorensen Research and Development
Trust, 9930 Mesa Rim Road, Suite 300, San Diego, CA 92121;
Jens Ole Sorensen, 14431 Bellvista Drive, Rancho Santa Fe, CA 92067.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are parties upon which the complaint is
to be served:
Daimler-Chrysler AG, Epplestr. 225, Stuttgart, Bade-Wuerttemberg,
Germany;
Mercedes-Benz USA, LLC, One Mercedes Drive, Montvale, NJ 07645-0350.
(c) Juan Cockburn, 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 respondents in accordance with section 210.13 of
the Commission's Rules of Practice and
[[Page 938]]
Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a),
such responses 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 responses to the complaint and the notice of
investigation will not be granted unless good cause therefor is shown.
Failure of a 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.
Issued: December 31, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-324 Filed 1-6-04; 8:45 am]
BILLING CODE 7020-02-P